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a. The commissioner, in his or her discretion, shall have power to punish any member of the uniformed force who has been guilty of:
1. any legal or criminal offense,
2. neglect of duty,
3. violation of rules,
4. neglect or disobedience of orders,
5. incapacity,
6. absence without leave,
7. conduct injurious to the public peace or welfare,
8. immoral conduct, or
9. any breach of discipline, by forfeiting or withholding pay for a specified time, not exceeding thirty days; by suspension, without pay during such suspension, for a period not exceeding thirty days; or by dismissal from the force. The commissioner may withhold pay, salary or compensation from any member or members of the force for absence for any cause without leave.
b. All pay deducted or forfeited under the provisions of this section shall be retained by the commissioner of finance to the credit of the department, and shall be applicable, in the discretion of the commissioner, to any of the purposes of such department as if originally appropriated therefor.
c. A member of the department shall be dismissed only after he or she has been informed of the cause of the proposed dismissal and has been allowed an opportunity of making an explanation.
d. In the event of the dismissal of any member of the force, he or she shall have the right to a review of the action of the commissioner or his or her deputy by certiorari or other appropriate remedy. Upon being successful in such proceeding, he or she shall be entitled to be reinstated and to receive full pay during the time of his or her suspension or dismissal from office.
e. When and as soon as a member of the uniformed force has been fined, suspended or dismissed, the true cause for such fine, suspension or dismissal shall be entered in writing in a book to be kept for that purpose by the commissioner.
a. A leave of absence to any member of the uniformed force shall not exceed twenty days in any one year, in addition to any vacation period, except upon condition that such member shall waive or release not less than one-half of all salary, pay or compensation and claim thereto, or any part thereof, during such absence.
b. Absence without leave of any member of the uniformed force for five consecutive days shall be deemed and held to be a resignation, and at the expiration of such period the member so absent shall cease to be a member of such force and may be dismissed therefrom without notice.
Each person employed in the sanitation service classification of the classified civil service shall be paid full pay or compensation during absence from duty caused by injury or sickness, except as otherwise provided by law, and subject to such rules and regulations as may be adopted by the commissioner.
a. A member of the uniformed force of the department of sanitation shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the uniformed force, as determined by the department.
b. Nothing in this section shall be construed to affect the rights, powers and duties of the commissioner pursuant to any other provision of law, including, but not limited to, the right to discipline a member of the uniformed force by termination, reduction of salary, or any other appropriate measure; the power to terminate an appointee who has not completed his or her probationary term; and the power to apply for ordinary or accident disability retirement for a member of the uniformed force.
c. Nothing in this section shall be construed to require payment of salary to a member of the uniformed force who has been terminated, retired, suspended or otherwise separated from service by reason of death, retirement or any other cause.
d. A decision as to eligibility for benefits pursuant to this section shall not be binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit.
e. As used in this section the term "incapacity" shall mean the inability to perform full, limited, or light duty.
Each person employed in the sanitation service classification of the classified civil service on October tenth, nineteen hundred sixty-two who, prior to April eighteenth, nineteen hundred sixty-two, incurred an injury or illness, and who was or is absent from duty in such employment on or after April eighteenth, nineteen hundred sixty-two, as a result of such injury or illness incurred prior to such date, shall be entitled to receive as pay or salary during such absence or absences, an amount equal to the difference between (a) the total of all payments and awards to such employee under the workers' compensation law by reason of such injury or illness, exclusive of the death benefit provided for in section sixteen of the workers' compensation law; and (b) the amount which such employee would have received in full pay or compensation for absences from such duty on or after April eighteenth, nineteen hundred sixty-two because of such injury or illness if section 16-108 of this title, as qualified by the rules and regulations adopted by the commissioner pursuant to such section, were applicable thereto; provided that the amount to which such employee would have been entitled if such section were applicable is greater than the total specified in item (a) hereof. The commissioner, with the approval of the mayor, may adopt rules and regulations in accordance with the procedure prescribed in section eleven hundred five of the charter, setting forth the manner in which the amounts required to be paid under this section shall be payable. Such rules and regulations may also provide that the amount required to be paid under this section for any period during which such employee was absent, or any part of such amount, may be paid to an employee in a lump sum or weekly installments or a combination of both prior to the date upon which the total specified in item (a) is known or determined, on condition that such employee execute an agreement, in a form approved by the corporation counsel, consenting to reimburse the city for any overpayment to him or her resulting from such prior payment, either at the time the amounts specified in item (a) hereunder are received by such employee or by salary deductions to be authorized by such employee in such agreement. Such rules and regulations may contain such other provisions as may be necessary to carry out the purposes of this section.
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