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.