The tenure of everyone holding office, place,
position or employment in the City's service shall be only during
good behavior and efficient service, and any such person may be removed
or discharged, suspended without pay, deprived of vacation privileges
or other special privileges for inefficiency, incompetency, insubordination,
dishonesty, drunkenness, immoral conduct, discourteous treatment of
the public, neglect of duty, violations of the provisions of this
chapter of the rules of the Civil Service Board, or any other act
or omission detrimental to the good of the City service. The Civil
Service Board shall have the power to review all dismissals and all
suspensions imposed for more than 10 working days or 80 working hours.
Any charge preferred by a citizen against any
person under the merit system employed by the City shall be made in
writing and under oath and filed with the City Clerk. All communications
to the Civil Service Board or any member thereof touching their duties
as such shall be made in writing and filed with the City Clerk.
In case of discharge or removal, or suspension
for more than 10 working days or 80 working hours, any officer or
employee in the classified service, feeling himself aggrieved thereby,
shall have a right to file a petition with the Civil Service Board
within six days from the effective date of such discharge, removal
or suspension, asking for reinstatement in the service or other relief
and giving reasons therefor. The Civil Service Board shall grant the
petitioner a hearing, which shall be either private or public at the
option of the petitioner. In the case of dismissal from the City service,
the petitioner shall be considered suspended without pay pending the
period between the making of the charges as a basis for removal and
the decision thereon by the Board.
The Civil Service Board shall conduct such hearing
within 10 days after the petition is filed. At such hearing the burden
shall be upon the appointing officer to justify his action. The hearing
shall be deemed an investigation and not a trial, and the Board shall
not be bound by technical rules of evidence and procedure. It shall,
however, conduct the hearing in an orderly manner, confine the scope
thereof to matters set forth in the reasons for dismissal, and secure
both to the petitioner and the dismissing officer, a full and impartial
hearing in regard thereto. Both parties shall be permitted to be represented
by counsel and to produce witnesses or any other testimony they may
have pertinent to the matter. The petitioner shall be entitled to
first hear the testimony against him and to face his accuser. He and
his witnesses shall then be permitted to be heard in his own defense.
Hearsay evidence, as the term is commonly understood, excepting declarations
against interest, shall not be deemed sufficient proof to warrant
removal, demotion or suspension. A written record of all testimony
taken at such hearing shall be kept and preserved by the Board, which
record shall be sealed and not be available for public inspection,
in event that no appeal shall be taken from the action of the Board.
The Board shall make its decision on an appeal
within five days after the hearing. It shall have the power to pass
upon the discharge or removal, suspension for more than 10 working
days or 80 working hours, or other action from which the appeal has
been taken, and may confirm, modify, or reverse such action. If reinstated
without discipline in the position from which he was removed, the
employee shall be entitled to compensation from the time of his demotion
or discharge until the time his reinstatement was ordered. The dismissing
authority, the petitioner and the Human Resource Director shall be
entitled to a copy of the findings of the Board upon request. In the
event that the Board shall sustain the action of the removing officer,
the person removed shall have an immediate right of appeal to the
Circuit Court, by writ of certiorari. Any such appeal shall be taken
within 30 days from the entry of the Board's order. The Circuit Court
shall hear any such appeal upon the original record taken therein,
and no additional proof shall be permitted to be introduced.