The City Council and the elective and appointive officers having appointive power are vested with the right to exercise the disciplinary and removal powers hereinafter provided.
An employee serving a probationary period in any office, position or employment shall be subject to removal therefrom without right of appeal but subject to his right of reinstatement to the position in the Classified Service from which he has promoted, or transferred, if any.
An employee other than one serving a probationary period, holding a position in the Classified Service shall be subject to suspension without pay for a period of not exceeding thirty (30) days in any one (1) calendar year, or to demotion or removal from his position, for misconduct, incompetency, inefficiency, or for failure to observe the rules or regulations of the department, office or agency, or to cooperate reasonably with his superiors or fellow employees, but subject to the right of the employee to appeal to the Personnel Board in the manner set forth herein.
Such employee shall be entitled to receive, upon request, at the office of the board or officer taking such action, not later than the second business day thereafter, a written statement in item form of the reasons therefore, a copy of which statement shall be furnished the Personnel Board. He shall have ten (10) days after the receipt of such statement within which to file an answer to such statement of charges should he desire to do so.
The answer shall be filed in the office of the City Clerk and with the Clerk of the Personnel Board. In his answer, or if no statement of charges has been made available to him as required, such employee may request a hearing by Personnel Board to review such suspension, demotion or removal which shall be called and held as provided for in the rules and regulations. Hearings may be conducted informally and the rules of evidence need not apply.
Within ten (10) days after concluding the hearing, the Personnel Board shall certify its findings and recommendations to the City Manager. The suspension, demotion, or removal order by the City Manager or other official, from whose action the appeal was taken, shall be sustained unless the said Board shall by majority vote, render its decision finding that the suspension, demotion, or removal was made without sufficient cause. If the Board shall find that the person suspended, demoted, removed was so suspended, demoted or removed without sufficient cause, said Board in its order shall provide that said person shall be reinstated forthwith to the position from which he was suspended, demoted or removed, and shall order paid to him the salary to which he would have been entitled had he not been suspended, demoted or removed. In filing its decision, the Board shall also make and file written findings of fact covering in general terms the issues involved.
In the absent of fraud or bad faith, the findings and decisions of the said Board shall be final and conclusive.
A reduction in pay shall be a demotion, under this section, unless it is a part of a plan to reduce salaries and wages in connection with a general economy or curtailment program.
The City Manager and any other officer or board in whom is vested by law the power to make transfers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, shall retain such power subject to the provisions of this Charter and the rules established hereunder, it being the intent and spirit of this Charter to provide a fair and just approach to municipal employment in order that city employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service.