No person in the classified service who shall have been permanently appointed or inducted into Civil Service under the provisions of the Civil Service Act, excepting the Chief and Deputy Chief of the Police Department, shall be demoted, except for cause, and only upon the written accusations of the appointing officer and upon the written recommendation of the Chief and Deputy Chief of the department under whose jurisdiction the person is employed, a written statement of the accusation shall be served upon the accused.
Any person so demoted, excepting the Chief and Deputy Chief of the Police Department, may, within 10 days from the time of his demotion, file with the Commission a written demand for an investigation, whereupon the Commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such demotion was or was not made for political or religious reasons and was or was not made in good faith for cause. After such investigation the Commission may affirm the demotion or, if it shall find that the demotion was made for political or religious reasons or was not made in good faith for cause, shall order the immediate reinstatement of such person in the office, place, or position or employment from which such person was demoted, which reinstatement shall, if the Commission so provides, in its discretion, be retroactive and entitle such person to such pay or compensation as he would have received had he not been demoted. The Commission, upon such investigation in lieu of affirming the demotion, may modify the order of demotion by directing a suspension without pay for a given period and subsequent restoration to his grade prior to demotion. The findings of the Commission shall be certified in writing to the appointing power and shall be forthwith enforced by such officer.
All investigations made by the Commission pursuant to the provisions of this section shall be by public hearing after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel and presenting his defense and may for said purpose have subpoenas issued and require the attendance of witnesses to present his defense. Appeal from such findings and decision may be taken by the employee to the Superior Court of San Joaquin County.
(Amended by Resolution CS2014-09-18-1101)
No person in the classified service who shall have been permanently appointed or inducted into Civil Service under the provisions of the Civil Service Act shall be dismissed, removed or discharged except for cause and only upon written accusation of the appointing officer or any taxpayer in the City of Stockton, and upon the written recommendation of the Chief of the department under whose jurisdiction the person is employed, a written statement of the accusation shall be served upon the accused.
Any person so removed or discharged may, within 10 days from the time of his removal or discharge, file with the Commission a written demand for an investigation, whereupon the Commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal or discharge was or was not made for political or religious reasons and was or was not made in good faith for cause. After such investigation the Commission may affirm the removal or discharge was made for political or religious reasons or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, position or employment from which such person was removed or discharged, which reinstatement shall, if the Commission so provides, in its discretion, be retroactive and entitle such person to pay or compensation from the time of such removal or discharge. The Commission, upon such investigation, in lieu of affirming the removal or discharge, may modify the removal or discharge by directing a suspension without pay for a given period and subsequent restoration to duty or demotion in classification, grade or pay. The findings of the Commission shall be certified in writing to the appointing power and shall be forthwith enforced by such officer.
All investigations made by the Commission pursuant to the provisions of this section shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel and presenting his defense and may for said purpose have subpoenas issued and require the attendance of witnesses to present his defense. If the accused is dissatisfied with the judgment or order made by the Commission or a majority thereof, the said accused may appeal therefrom to the Superior Court of the State of California, in and for the County of San Joaquin.
This section shall not be applicable to the removal by demotion of the Chief or Deputy Chief of the Police Department.
(Amended by Resolution CS2014-09-18-1101)
The appointing authority may suspend any member of the Fire Department or Police Department of the City of Stockton, for cause, for a reasonable period, not exceeding 60 work days at any one time, with loss of salary or other compensation. The appointing authority shall not be authorized to suspend the same person for a total of more than 90 work days during any one fiscal year. No such suspension shall be made except upon written charges made by the appointing officer and served upon the accused, with the privilege to the accused of serving upon the appointing authority a written answer and explanation of such charges.
Any person so suspended may, within 10 days from the time of his suspension, file with the Commission a written demand for an investigation, whereupon the Commission shall conduct such investigation. The investigation shall be confined to the determination of whether such suspension was or was not made for political or religious reasons and was or was not made in good faith for cause.
The hearing under this section shall be conducted by the Commission in the same manner as the hearing upon demotion set forth in Section 32-18 of the Civil Service Act and the Commission, upon such hearing and investigation, may affirm said suspension or if it shall find that the suspension was made for political or religious reasons or was not made in good faith for cause, shall order that the suspension be revoked and set aside. The decision of the Commission shall be final and there shall be no appeal therefrom. The findings of the Commission shall be certified in writing to the appointing power and shall be forthwith enforced by such officer.
(Amended by Resolution CS2014-09-18-1101)