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1969 Resolutions
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1969 Resolutions
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7/17/2001 6:13:36 PM
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6/22/2001 7:14:16 PM
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Ord/Resolutions
Year
1969
Ord/Resolutions - Type
Resolutions
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con~r~ission upon such investigation, in lieu of affirming the <br />removals suspension, demotion or discharge may modify the order <br />of removal~ suspension, demotion or discharge by directing a <br />suspension, without pay~ for a ~iven period, and subsequent <br />restoration to duty, or demotion in classification, grade or pay; <br />the ~co~mission may direct a lesser penalty than that given, but <br />not a greater; the findings of the commission shall be certified <br />in writing to the appointing power; and shall be forthwith en- <br />forced by such officer. <br /> <br /> (b) If the appointing power fails to properly notify <br />the accused or the commission of the removal, suspension, demo- <br />tion or discharge of a person permanently appointed or induoted <br />into civil service within forty-eight hours from the time of the <br />removal, suspension, demotion or discharge was made~ the com~ <br />mission shall set a date~ within fifteen days, for a hearing of <br />the accused person Mud approve or disapprove the action taken by <br />the appointing power~ and so notify the a~pointing power and the <br />accused, as provided above. <br /> <br /> (c) If for good and sufficient reason s~y me~6er or <br />members of the co~v~mission, the accused, the appointing power or <br />his representative or the attorney for any of the~ should be <br />prevented from attending the hearing on the date set by the com- <br />mission, the commission may in its discretion adjourn the hearing <br />to a later date, but said date must be set at the time of adjourn- <br />merit, ~and must be within ~he next ensuing fifteen days, unless <br />it iS duly shown to the co~mission, that it will be impossible <br />to hold the hearing within said fifteen days, in which event the <br />commission shall set the time of the hearing at the earliest <br />possible date. <br /> <br /> (d) All investigations made by the commission pursuant <br />to th~ provisions of this section shall be by public hearing, <br />after reasonable notice to the accused of the time and place of <br />such hearing~ at which hearing the accused shall be afforded an <br />opportunity of appearing in person and by counsel, and presenting <br />his defense. <br /> <br /> (e) If such order of removal, suspension, demotion or <br />discharge be concurred in by the commission or by a majority <br />thereof, the person so removed, suspended, demoted or discharged <br />shall have the right to appeal thsrefrom tca court of o~iginal <br />and unlimited jurisdiction in civil suits in the City of Ports- <br />mouth. Such appeal shall be taken by serving upon the commission, <br />the appointing power and the city attorney,_within thirty days <br />after the entry of such order of judgment, a notice o~ appeal, <br />an~ demanding that a certified transcript of the record and of <br />all papers on file in the office of the commission affecting or <br />relating to such order or judgement, be filed by the commission <br />with suc~ court. T~e co~mission shall, forthwith after the <br />filing of such notice, make, certify and file such transcript <br />with such court. The court of origi'nal and unlimited Jurisdic- <br />tion in civil suits shall thereupon proceed to hear and determine <br />such appeal in a sum.~mary manner upon the record; provided, how- <br />ever, that such hearing shall be confined to the determination <br />of whether the order or Judgement of removal, suspension: de- <br />motion or discharge made by the appointing power and concurred <br />in by the co~mission, was or was not made for cause, and no <br />appeal to such court shall be taken excep~ upon such grounds. <br /> <br /> <br />
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