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After an investigation into the discharge, removal, suspension or reduction of a person in the civil service, the civil service board may, if in its estimation the evidence is conclusive, affirm the removal, or if it shall find that the removal, suspension or demotion was made for race, color, religion, sex, sexual orientation, national origin, creed, ancestry, pregnancy, age, genetic information or disability or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of the person in the office, place, position or employment from which the person was removed, suspended, demoted or discharged. The reinstatement may be retroactive with pay from the time of the removal, suspension, demotion or discharge. The board upon the investigation, in lieu of affirming the removal, suspension, demotion or discharge, may modify the order of removal, suspension, demotion or discharge by directing a suspension without pay for a given period and subsequent restoration of duty or demotion in classification, grade or pay. The findings of the board shall be certified in writing to the director, and shall be forthwith enforced by the officer.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-50) (Ord. 87-91, passed 11-25-1991; Ord. 4-05, passed 1-10-2005)
Any officer or employee suspended or under suspension shall be entitled to reinstatement only in the discretion of the department head, unless otherwise ordered by the board following a hearing on appeal.
(1957 Rev. Ords., § 3.140; 1992 Code, § 30-51) (Ord. 87-91, passed 11-25-1991)
The director shall report to the board:
(a) A complete list of civil service employees prepared by listing the rank and position of each employee;
(b) Every resignation, discharge, reduction or suspension from service of employees certified to him or her and the cause for the resignation, discharge, reduction or suspension;
(c) Leaves of absence; and
(d) The name of each new employee or appointee and the position of employment or appointment.
(1957 Rev. Ords., § 3.141; 1992 Code, § 30-52) (Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997)
(a) Whenever it becomes necessary to reduce the civil service classified, emergency services, or exempt management work force in any classification, the appointing officer shall designate the classification in the department from which layoffs shall take place. The person serving in that classification shall be laid off in inverse order of their appointment to that classification, the last one so appointed to be the first one laid off. The temporary appointees in that classification and grade of position shall in all cases be first laid off. The names of the civil service employees laid off shall be placed upon a reinstatement eligible list under the classifications applicable to the employees for two years.
(b) Any officer or employee who has been laid off shall be eligible for reinstatement to the position of the same classification and grade and as to the position from which the layoff took place. Whenever it is desired to increase the force or fill a vacancy in any department, the names on the reinstatement eligible list under the appropriate classification shall be certified for reemployment in the same order as originally appointed. They shall be reemployed according to seniority of service, provided that when eligibles upon the reinstatement eligible list have been exhausted, the general eligible lists may be used.
(1992 Code, § 30-53) (Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 4-01, passed 1-8-2001; Ord. 115-23, passed 12-5-2023)
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