At the hearing, the accused shall be permitted to appear in person or by counsel and to present his or her defense. The Civil Service Commission may affirm the action taken by the City Manager if such action is supported by a preponderance of the evidence. If the Civil Service Commission shall find that the major discipline was imposed for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or reemployment of the employee in the position or employment from which such employee was removed, suspended, demoted, or discharged. This reinstatement shall, if the Civil Service Commission in its discretion so provides, be retroactive and entitle the employee to compensation and restoration of benefits and privileges from the time of such removal, suspension, demotion, or discharge. The Civil Service Commission in lieu of affirming the discipline, may modify the order by directing a suspension with or without pay for given period and subsequent restoration to duty or demotion in position or pay. A decision shall be rendered no later than ten calendar days after the hearing. The findings shall be certified in writing and enforced by the City Manager.
(Ord. 3486, passed - -1996)