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(a) A Chapter 24 Order is furnished to the affected employee when it is personally transmitted to him or when it is mailed to him by certified mail, return receipt requested.
(b) If a Chapter 24 Order is furnished by certified mail the appointing authority shall use its knowledge of the affected employee's address.
(1) An appointing authority knows an employee's address when an address appears in any employment record, including any W-4 Form maintained by the appointing authority.
(2) If an appointing authority's records contain more than one address for an employee, the most recent address shall be used.
(Ord. 92-1458. Passed 10-6-92.)
(a) An appointing authority may, at any time prior to the first record hearing, delete any material contained in a Chapter 24 Order. After the first record hearing has begun, the Civil Service Commission may permit the deletion of material from a Chapter 24 Order upon oral or written motion.
(b) Material not originally present in a Chapter 24 Order may not be added to that order after it is furnished to the affected employee or filed with the Commission, whichever is earlier.
(1) Such material may be made the basis of a subsequent order.
(2) This rule does not forbid correction of clerical errors.
(c) Upon notice to the affected employee, an appointing authority may withdraw a Chapter 24 Order at any time and prior to the first record hearing.
(Ord. 92-1458. Passed 10-6-92.)
(a) The appointing authority shall prove, by a preponderance of the evidence, the factual allegations in a disciplinary order. Failure to prove each of the allegations contained in an order does not, as a matter of law, require disaffirmance of an order.
(b) The appointing authority shall demonstrate both the authenticity of the signature on a Chapter 24 Order and the authority of any signer, unless these issues are waived.
(Ord. 92-1458. Passed 10-6-92.)
(a) Contents of Appeals.
(1) All appeals to the Civil Service Commission shall be written and shall include the following information:
A. The appellant's name and address; and
B. The name of the appointing authority.
(2) Failure to supply the information required by subsection (a)(1) hereof may result in dismissal of the appeal.
(3) Appellants shall notify the Commission in writing, of any change of address during the pendency of the appeal.
(b) Removals, Reductions and Suspensions With No Order. If a reduction, removal or suspension is alleged and no Chapter 24 Order has been filed with the Civil Service Commission, the affected employee shall prove, by a preponderance, that the reduction, removal or suspension has occurred.
(Ord. 92-1458. Passed 10-6-92.)
(a) Job Abolishments.
(1) Job abolishments shall be disaffirmed if the action is taken in bad faith.
(2) Certification of lack of funds or lack of work is not required. Proof of a reason for the abolishment is required.
(3) When a position is abolished, displacement rights, as set forth in Section 157.96
shall be afforded the employee incumbent in the abolished position.
(c) Procedure and Reclassification Appeals.
(1) The parties in appeals of reclassifications are the employee who is incumbent in the position which is to be reclassified and his appointing authority.
(2) The Commission shall conduct a fact-finding hearing to determine the duties which are performed in the affected position.
(3) The Commission shall compare the duties performed by the incumbent position to the appropriate specifications and determine the classification which most appropriately describes the duties performed in the affected position.
(d) Involuntary Disability Separations. Involuntary disability separations may be affirmed only if:
(1) The procedure set forth in the appropriate rules for instituting an involuntary disability separation have been strictly followed; and
(Ord. 92-1458. Passed 10-6-92.)
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