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SECTION 12: LEAVE OF ABSENCE
<br /> Any member who is called or volunteers to serv§ in any branch of the service of the United States shall, upon
<br />his return, and with an honorable discharge, maintain his priority rights within this ordinance, provided, however,
<br />that he shall make application for reinstatement within ninety (90) days after discharge from the service of the
<br />United States.
<br /> Leave of absence for any purpose may be taken by written consent of the Civil Service Board, and temporary
<br />appointments may be made to fill such vacancies in the manner herein provided for permanent appointments.
<br /> SECTION 13: REDUCTION, SUSPENSION AND DISCHARGE
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<br /> (a) No person in the Classified Civil Service shall be removed or discharged from his position or reduced
<br />in rank except for inett~ciency, misconduct or insubordination. Whenever the Chief of any department under Civil
<br />Service shall detern~ne that discharge, reduction in rank or disciplinary action should be taken against any member of
<br />his department, and if he determines that such member should be discharged, he may suspend such member from
<br />active duty, and shall, upon so determining or upon so suspending any member, immediately file charges with the
<br />Civil Service Board, setting forth in detail the grounds for such suspension, disciplinary action or reduction in rank
<br />or position, together with his recommendation thereon. Such charges shall be in writing and a copy thereof served
<br />upon the member so charged. Such member so charged shall have the right to file an answer to such charges within
<br />five (5) days from the date of service upon him of a copy thereof, which answer shall be filed with the Civil Service
<br />Board, and with the Chief who filed such charges. The Civil Service Board shall thereupon set said matter for hearing
<br />not leas than five nor more than ten days after the filing of the answer to the charge. If the member who is charged
<br />by the Chief of his department fails to file an answer within five days to the charges filed by the Chief of the depart-
<br />ment, the charges shall be deemed to be admitted, and the recommendation of the Chief accompanying such charges
<br />shall take effect, and the suspension of such member shall become a permanent discharge us of the date of the original
<br />suspension. If the member so charged files an answer within the five days, then the Civil Service Board shall convene
<br />as a "Trial Board" as provided in Section 8 thereof, and shall inquire into the charges made by the Chief of the de-
<br />partment, and may make such inquiry in such a manner as it deems best by ex parte investigation by the Board
<br />or any committee thereo~, but said Board shall hold a meeting as herein above provided, at which time such mem-
<br />bet so charged and the Chief of the department shall be permitted to make such showing as they may desire be-
<br />fore said trial hoard.
<br /> The member so charged and the Chief of the Department, may, at the hearing of such charges, be repre-
<br />sented by counsel, and shall have the right to produce such witnesses as he may desire to testify in his behalf. The
<br />Chairman of the Board shall have the right to issue subpoenas and compel the attendance of witnesses.
<br /> After such hearing the trial board shall determine whether or not such charges or any part thereof are
<br />true, and if they determine that none of the charges are true, the said member shall be reinsatted and rstored to
<br />duty, and shall be entitled to receive compensation during the period of his suspension, and pending such hear.
<br />ing and reinstatement. If the Trial Board shall determine that such charges or any of them are true, they shall
<br />make their findings in accordance therewith, and shall recommend such disciplinary action as they may deem
<br />proper under the circumstances and findings. If such recommendations do not consist of a recommendation for
<br />discharge, the person charged and found guilty as herein provided, shall be privileged to accept such disciplinary
<br />action ss recommended by the Trial Board, but if such recommendation shall be presented to the City Council
<br />of the City of Santa Ana, and the City Council shall take such action in the matter us in the judgment of such
<br />City Council shall be proper and adequate under the findings of the Trial Board.
<br /> If such recommendation of the trial board is for disciplinary action, and the person charged and found
<br />guilty does not acquiesce or consent thereto, then such recommendation shall be presented to the City Council
<br />for hteir action as provided in Section 8 hereof.
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<br /> Verified written charges may he filed by any qualified elector of the City of Santa Ana with the Chief of
<br />any department, under such rules and regulations as may be prescribed by the Civil Service Board, and the truth
<br />of such charges shall be determined by the Chief of the department, and if he deems it proper he may file charges
<br />with the Civil Service Board.
<br /> (b) No member shall be dismissed because of the discontinuance of the particular office or position held
<br />by him, but employees dismissed because of curtailment of expenditures, reduction in force, and for like causes,
<br />shall be the last employee or employees, including temporary appointees, that have been appointed to the Fire
<br />Department or Police Department, as the case may be, until such reductions necessary shall have been accom.
<br />plisbed. Vacancies to be filled in the lowest rank, resulting from such removal, shall be filled from the last em-
<br />pioyee or employees that have been appointed to the nexthigher rank, and their places likewise filled until proper
<br />distribution has been accomplished; provided further, that in event the said department shall again be in-
<br />creased in numbers, the said men dismissed, or reduced in rank, under the terms of this section, shall have the
<br />privilege of being reinstated before any new appointments to said department shall be made.
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<br /> SECTION 14: PRESENT INCUMBENTS TO BE QUALIFIED AND TO REMAIN ON PRESENT POSITIONS
<br /> To the end that there be no disruption in the present service of the Fire Department and the Police De-
<br /> partment, and that no undue hardship may be worked upon any member of said departments who shall have at-
<br /> tained at the time of adoption of this ordinance a certain grade or rank in said department; each present member
<br /> of such departments shall be deemed to be in Classified Service and credited by the Civil Service Board with
<br /> qualifications, both mental and physical, for entrance to the Classified Service of the Fire Department and the
<br /> rank, grade or position held by such members at the timeof the adoption of this ordinance.
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