(a) Authority and Procedure Generally; Hearings and Appeals. The appointing officer shall have the authority to remove, discharge, suspend or demote any employee in the classified service of the City for just cause, which shall not be religious or political. No such employee shall be removed, discharged, suspended or demoted except as provided in this article and in no event until furnished with a written statement of the reasons for such action by the appointing officer. The employee sought to be removed, discharged, suspended or demoted shall be given the opportunity to appear before the appointing officer at a specified time to justify why such action should not be taken. If the employee does not appear at that time, the removal, discharge, suspension or demotion shall be final. In every case of such removal, discharge, suspension or demotion, a copy of the statement of reasons therefor and of the written answer thereto, if the employee desires to file such written answer, shall be furnished no later than ten days after the written notice of the action taken by the appointing officer to the Civil Service Commission and entered upon its records.
If, following the appearance before the appointing officer the employee sought to be removed, discharged, suspended or demoted shall demand a hearing in writing no later than ten days after the written notice of the action taken by the appointing officer, the Civil Service Commission shall schedule such public hearing which shall be held within a period of twenty days from the filing of the charges in writing and the answer thereto, whichever shall last occur. At such hearing, the burden shall be upon the appointing officer to justify his/her action, and in the event that the Civil Service Commission finds the action of the appointing officer unjustified, then the employee removed shall be reinstated with full pay for the entire period during which he/she may have been prevented from performing his/her usual employment, and no charges shall be officially recorded against his/her record. The record of all testimony taken at such hearing shall be kept and preserved by the Civil Service Commission, which record shall be sealed and not be open to public inspection unless an appeal is taken from the actions of the Commission.
In the event the Civil Service Commission shall sustain the action of the appointing officer, the employee removed shall have an immediate right of appeal to the Circuit Court of Ohio County. In the event that the Civil Service Commission reinstates the employee, the appointing officer has an immediate right of appeal to the Circuit Court of Ohio County.
Such appeal shall be taken within sixty days from the entry by the Civil Service Commission of its final order. Upon such an appeal being taken and docketed with the Clerk of the Circuit Court, the Circuit Court shall proceed to hear the appeal upon the original record taken therein, and no additional proof shall be permitted to be introduced. The record shall be furnished and paid for by the appellant. The Circuit Court’s decision shall be final, but the employee or appointing officer, as the case may be, against whom the decision of the Circuit Court is rendered has the right to petition the Supreme Court of Appeals for a review of the Circuit Court’s decision as in other civil cases. The appointing officer and the employee sought to be removed shall at all times, both before the Civil Service Commission, and upon appeal, be given the right to employ counsel to represent them.
(Ord. 11761. Passed 4-6-99.)
(b) Grounds for Removal, Suspension or Demotion. Employees in the classified service may be removed, suspended or demoted for the following reasons:
(1) If the City Manager deems it necessary to reduce the number of employees in the classified service, for the purpose of economy, lack of work or lack of appropriation for the particular work or service which the employee performs.
(2) When an employee becomes so physically or mentally disabled, as to be rendered unable to perform the essential functions of the position he/she occupies with a reasonable accommodation.
(3) When an employee does not maintain expected performance or violates City Policy or Code.
(c) Reductions for Purpose of Economy, Lack of Work, Etc. When the reduction is made for the purpose of economy, lack of work, or lack of appropriation for the particular work or service which the employee performs, the appointing officer shall make the reduction from the most recent appointees, provisional or otherwise, by their removal in the reverse order of their appointments.
(d) Re-employment List; Re-establishment of Discontinued Positions. Whenever an employee is removed because his or her position has been discontinued, his or her name shall be placed on the re-employment list which is hereby created. Whenever discontinued positions are re-established, the persons who have been so removed shall be the first to receive appointment and in the reverse order of their removal. Any person who fails to be given employment will, after the expiration of one year from the termination of such employment, be automatically dropped from the re-employment list.
(e) Suspension of Subordinates by Appointing Officer. The appointing officer may suspend a subordinate for a reasonable period not exceeding thirty days, for any cause which will promote the efficiency of the service, including violation of City Code or Policy and/or poor performance. Every such suspension shall be without pay. If the suspended employee does not agree with the action, he/she shall have ten days from notification of the appointing officer’s written decision to file a request for a hearing with the Commission. The Commission shall have the authority to investigate every such suspension, and, in case of its disapproval shall have the power to restore pay in whole or in part, to the employee(s) so suspended.
(Ord. 11599. Passed 7-21-98.)