(a) (1) No civil service employees under a system established or continued pursuant to this chapter shall be discharged or reduced in rank or compensation without being notified in writing of the discharge and the cause therefor.
(2) In case of discharge or reduction, the affected or accused person shall have written notice of the action at the time it is taken.
(b) (1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, he or she may request if he or she so desires a trial before the civil service commission on the charges alleged as grounds for discharge.
(2) (A) In the event a request for trial is made, the commission shall fix a date for the trial not more than thirty (30) days after request therefor is made.
(B) If the request for trial is not made within ten (10) days from the date of service of notice of discharge, the discharge shall become final and no trial shall be granted thereafter.
(c) (1) In the event of a trial, the officer, private, or employee requesting the trial shall be notified of the date and place of the trial at least ten (10) days prior to the date thereof.
(2) The employee shall have compulsory process to have witnesses present at the trial.
(d) (1) (A) The chair of the commission shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence.
(B) The decision of the commission shall be by a majority vote of the members of the commission.
(2) (A) In all trials under this section for cities having a mayor-council form of government and a population of not less than fifty-five thousand (55,000), the commission shall employ an attorney to advise and represent the commission.
(B) The attorney shall not be the city attorney, nor shall he or she be associated with any attorney then employed by the city.
(e) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated.
(B) The appeal shall be taken by filing with the commission within thirty (30) days from the date of the decision a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission.
(C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee.
(ii) The testimony or evidence must be competent and otherwise admissible.
(2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court.
(B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.
(f) In the event that it is finally determined that there was a wrongful discharge or reduction in rank of any employee, the employee shall be entitled to judgment against the city for whatever loss he or she may have sustained by reason of his or her discharge or demotion, taking into consideration any remuneration which the employee may have received from other sources pending the final determination of his or her case.
Section: Previous 14-50-302 14-50-303 14-50-304 14-50-305 14-50-306 14-50-307 14-50-308 14-50-309 14-50-310 14-50-311 14-50-312 14-50-313 NextLast modified: November 15, 2016