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.reductlon after expiration of the period of temporary employment in any position,
<br />the employee so recommended for discharge or reduction may demand a trial,
<br />whereupon he shall be tried as provided in Section 13 on Reduction, Suspension
<br />and Discharge.
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<br />SECTION 12: LEAVE oF ABSENCE
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<br /> Any member who is called or volunteers to serve in auy branch of the
<br />service of the United States shall, upon his return~ and with an honorable
<br />discharge, maint~ n his priority rights within this ordinance, provided, however,
<br />that he shall make application for reinstatement within ninety (90) days after
<br />discharge free the service of the United States.
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<br /> Leave of absence for any purpose maybe taken by,written consent of
<br />the Civil Service Board, and temporary appointments may be made to fill such
<br />vacancies in the manner herein provided for permanent appointments.
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<br />SECTION 13: REDUCTION, SUSP~SION AND DISCHARGE
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<br /> (a) No person in the Classified Civil Service shall be removed or
<br />discharged from his position or reduced in rank except for inefficiency, mis-
<br />conduct or insubordination. Whenever the Chief of any department under Civil
<br />Service shall determine that discharge, reduction in rank or disciplinary action
<br />should be taken against any member of his department, and if he determines
<br />that such member should be discharged, he may suspend such member from active
<br />duty, and shall, upon so determining or upon so suspending any member, i~ediatel
<br />file charges with the Civil Service Board, setting forth in detail the grounds
<br />for such suspension, disciplinary action or reduction in rank or posit~on,~
<br />together with his reconnmendation thereon. Such charges shall be in writing
<br />and a copy thereof served upon the member so charged. Such member so charged
<br />shall have the right to file an answer to such charges within five (5) days
<br />from the date of service upon him of a copy thereof, which answer shall be filed
<br />with the Civil Service Board, and with the Chief who filed such charges. The
<br />Civil Service Board shall thereupon set said matter for hearing not less than
<br />five nor more thau ten days after the filing of the answer to the charge. If
<br />the member who is charged by the Chief of his department fails to file an answer
<br />within five days to the charges filed by the Chief of the Department, the
<br />charges shall be deemed to be admitted, and the recommendation of the Chief
<br />accompanying such charges shall take effect, and the suspension of such member
<br />shall become a permanent discharge as of the date of the original suspension.
<br />If the member so charged files an answer within the five dayE, then the Civil
<br />Service Board shall convene as a "Trial Board" as provided in Section 8 thereof,
<br />and shall inquire into the charges made by the Chief of the department, and may
<br />make such inquiry in such a manner as it deems best by ex parte investigation by
<br />the Board or any committee thereof, but said Board shall hold a meeting as herein
<br />above provided, at which tim. e such member so charged and the Chief of the
<br />Department shall be permitted to mace such showing as they may desire before said
<br />trial board.
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<br /> The member so charged and th~ Chief of the Department, may, at the
<br />hearing of such charges, be represented by counsel, and shall have the right to
<br />produce such witnesses as he may desire to testify in his behalf. The Chairman
<br />of the Board shall have the right to issue subpoenas and compel the attendance
<br />of witnesses.
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<br /> After such hearing the trial board shall determine whether or not such
<br />charges or any part thereof are true, and if they deter~.ine that none of the
<br />charges are true, the said member shall be ~Binstated and restored to duty, and
<br />shall be entitled to receive compensation during the period of his suspension,
<br />and pending such hearing and reinstatement. If the Trial Board shall determine
<br />that such charges or any of them are true, they Shall make their findings in
<br />accordance therewith, and shall recommend such disciplinary action as they may
<br />deem proper under the circumstances and findings. If such recomr~endations do
<br />not consist of a recommendation for discharge, the person charged and found
<br />guilty as herein provided, shall be privileged to accept such disciplinary
<br />action as recommended by the Trial Board, but if such recommendation shall be
<br />presented to the City Council of the City of Santa Aua, and the City Council
<br />shall~take such action in the matter as in the Judgment of such City Council
<br />shall\be proper and adequate under the findings of the Trial Bo~d.
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<br /> If such recommendation of the trial board is for disciplinary action,
<br />and the person charged and found guilty does not acquiese or consent thereto, them
<br />such recommendation shall be presented to the City Council for their action as
<br />provided in Section 8 hereof.
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<br /> Verified written charges may be filed by any qualified elector of the
<br />City of Santa Ana with the Chief of any department, under such rules and
<br />regulations as may be prescribed by the Civil Service Boa~d, and the truth of
<br />such charges shall be determined by the Chief of the department, an~ if he deems
<br />it proper he may file charges with the Civil Service Board.
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<br /> (b) No member shall be dismissed because of the discontinuance of the
<br />particular office or position held by him, but employees dismissed because of
<br />curtailment of expendlturem, reduction in force, and for like causes, shall be
<br />the last employee or employees, including temporary appointees, that have been
<br />appointed to the Fire Department or Police Department, as the case may be, until
<br />such reductions necess_ry shall have been accomplished. Vacancies to be filled
<br />in the lowest rank, resulting from such removal, shall be filled from the last
<br />employee or employees that have been appointed to the ne~t higher rank, and
<br />their places likewise filled until proper distribution has been accomplished;
<br />provided further, that in event the said department shall again ~e increased ~
<br />~numbers, the said men dismissed, or reduced in rank, unde~ the terms of this
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