(a) All officers, deputies, clerks, and employees subject to the civil service provisions of this Charter shall be in the classified service of the city, and all persons in the classified service shall be under and subject to the rules and regulations of the civil service commission.
(b) Any person holding a position in the classified service prior to this amendment becoming effective shall retain such position, subject to the same rights and conditions applicable to the status which he or she held as of such date under the provisions of this Charter, the civil service ordinance and the rules and regulations of the civil service commission then in effect.
(c) Persons who have served through their probationary period and who have received permanent appointment in the classified service shall not be removed, suspended without pay, discharged, or reduced in pay or position, except for just cause, which shall not be religious or political. Whenever an appointing or employing officer removes, demotes or suspends (except where such suspension is made pending filing of charges of dismissal) without pay for a single period exceeding ten (10) days or for periods totaling more than ten (10) days in any one (1) year from the time the first suspension goes into effect, or for disciplinary reasons reduces in pay or position an employee in the classified service who has received permanent appointment, he shall at the time of such action furnish written notice and reasons therefor to the employee and to the civil service commission before the effective date thereof. The civil service commission shall by rules and regulations provide for an appeal by the employee, a fair and impartial hearing of said appeal, and the rendering of a decision thereon within forty-five (45) days after receipt of such notice and reasons from the employing officers when an appeal is heard. When an appeal is taken by the chief of police or the fire chief, the decision thereon shall be advisory only; in all other cases the decision of the civil service commission shall be binding and final. Both the employee and appointing officer may have representation of their own choosing, and all hearings shall be public unless the employee requests otherwise in writing. Except in cases of discharge for just cause, the pension or seniority rights of any employee shall not be affected through any disciplinary action.
(d) Any taxpayer in the city may maintain an action to recover for the city any sum of money paid, or to enjoin the human resources director from attaching his certificate to a payroll or account for services rendered, in violation of the civil service provisions of the Charter or the ordinances and rules made thereunder; and the rules made under the foregoing provisions shall for this and all other purposes have the force of law.
(Prop. 404, eff. 2-2-2016)
Editors Note: Proposition 105 of an election called by Ord. No. 7274 on Nov. 7, 1959, approved by the governor Dec. 11, 1989, added reference to the human resources director in subsection (c) and changed reference in subsection (d) from the directory personnel to the human resources director.
Cross References: Political or religious discrimination prohibited, ch. XVIII, § 3.