The dismissal, suspension or demotion of any officer or employee in the classified service shall be as follows:
(A) Any officer or employee in the classified service may be dismissed, suspended, reduced in compensation or demoted by the appointing authority by a written order, stating specifically the reasons for the action. The order shall be filed with the Personnel Director and a copy thereof shall be furnished without delay to the person to be dismissed, suspended or demoted.
(B) Within seven days after receiving the order, the officer or employee may appeal the order to the Civil Service Commission by filing an appeal with the Personnel Director. The Personnel Director shall transmit the order and appeal to the Civil Service Commission as soon as possible.
This appeal provision shall not apply to provisional or probationary employees.
(C) Procedures applicable to disciplinary appeal hearings shall be specified in the Civil Service Rules.
(D) Within 30 days from the filing of the appeal, the Commission shall schedule a hearing on the matter. Said hearing shall commence as soon as practical. Following the hearing, the Commission shall either affirm, modify or revoke the order. With respect to a modification of an order of dismissal, the Commission has the authority to suspend an employee for a period up to and in excess of 30 days or take other actions to modify the order. The appellant is entitled to make the hearing a public hearing, and may appear personally, produce evidence, and obtain counsel to represent them. If the appellant requests a later hearing date or a continuance, the appellant shall be deemed to have waived any claim for additional compensation as a result of the delay, in the event the appellant is ordered reinstated.
(E) The findings and decision of the Civil Service Commission shall be certified to the department head or officer whose act was the basis for the hearing, and to the appellant, and the decision shall be enforced forthwith, subject to any further right to appeal.
(prior code § 4.05.610; Ord. 455-A, 1954; Ord. 1916, 1973; Ord. 2362, 1976; Ord. 2443, 1977; Ord. 2847, 1980; Ord. 3700 § 3, 1985; Ord. 3710 § 1, 1986; Ord. 4236 § 1, 1993; Ord. 4249 § 1, 1993; Ord. 4340 § 1, 1994; Ord. 5298 § 6, 2019)