1952 Charter - Laserfiche WebLink

Home Browse Search

ofllcer having power of appointment to tho position on the grounds of incompetency, inefficiency, dishonesty, misconduct, insubordination, failure to observe departmental or City rules or the rules and regulationa aa provided for in this Article, or failure to cooperate reasonably with his auperlors or fellow employees. Such employee shall be entitled fo receive, upon his request, at the office of the board or officer taking such action, not later lhan tho third business day thereafter, a written statement in which shall be aeparately staled each of Ihs charges against him upon which such suspension, demotion, or removal is based, a copy of which statement shall be Bled by the appointing power bringing the charges with the Personnel Board, the Clerk of the Council, and the City Manager. The employee shall have ten days after receipt of such statement within which to file an answer to the charges should he desire to do so. The answer shall be filed in the offices of the Personnel Board, the Clerk of the Council, and the City Manager. In his answer, or otherwise if no statement of charges has been made available to him as required, such employee may request e hearing by the Personnel Board to review such suspension, demotion, or dismissal which hearing shall be called and held in tho manner provided for in the civil service rules and regu- lations. If a hearing is requested, the Personnel Board shall thereupon set a date for hearing the matter, which date shall not be sooner than five nor longer than ten days after the filing of the request for hearing. Hearings may be conducted informally and the rules of evidence need not apply. Such employee shall have an opportunity at such hearing to be heard in person or by counsel and the right to subpoena wilnesses. All hearings held under the provisions of this Section shall be open to the public. The Personnel Board shall make written findings which shall state as to each charge whether nr not such charge is sustained. The Personnel Board shall also set forth in writing its conclusions and recommendation based upon such findings and within ten days after concluding the hear, lng, it shall certify its findings, conclusions, and recommendation to the board or officer from whose action tho appeal was taken, and to the City Manager and the City Council. if, with respect to I suspension, demotion, or dismissal, tho Per. sonnel Board shall conclude that the employee charged was not guilty of the act resulting in such suspension, demotion, or dismissal, a racom. mendatlon by it of reinstatement without loss of pay shall be binding upon the appointing power who fodhwlth shall order such reinstate. mont. In the event that the Personnel Board shall conclude that the employee was guilty of the act resulting in such suspension, demotion, or dismissal but that the penalty was not warranted under the circum. stances, a recommendation by it of reinstatement with loss of pay shall be binding upon the appointing power who forthwith shall order such reinstatement with loss of pay. The conclusions and recommendations of the Personnel Board as to reinstatement with or without loss of pay shall be final and no appeal may be taken therefrom.