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Bill Tracking - 2011 session> Legislation Page 11 of 15 only during good behavior and efficient performance of duty. Any such person may be removed, discharged, suspended without pay, or reduced in rank, or deprived of vacation privileges or other privileges for any of the following reasons: a. Incompetent or inefficient performance of duty or inattention to or dereliction of duty; b. Insubordination, discourteous treatment of the public or a fellow employee or any other act of omission or commission of similar nature tending directly to discredit or injure the public service or to jeopardize the effective functioning of the service, or any willful violations of the provisions of this Chapter or the rules and regulations to be adopted hereunder; c. Mental or physical unfitness for the position which the employee holds; d. Any conduct which is dishonest, deceitful, immoral or declared criminal by statute or common law, regardless of whether a criminal conviction is obtained; e. Drunkenness or use of intoxicating liquors, narcotics or any other dangerous drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the functions and duties of his or her position; f Conviction of a felony, or a misdemeanor involving moral turpitude, or a pattern of misconduct as manifested by a series of convictions of misdemeanors not involving moral turpitude; g. Failure to report to an appropriate superior authority administrative errors, incompetence, misconduct, inefficiency, neglect of duty, or any other form of misconduct or negligence of which the employee has knowledge; h. Failure of a supervisory employee or commanding officer to take appropriate corrective action with regard to such employees under his supervision or command as may be guilty of any form of neglect of duty or misconduct where the supervisor or commanding officer knows or should have known of such derelictions; i. Failure to achieve professional progress and advancement in accordance with reasonable and definitive criteria established by the Civil Service Commission and set forth in its rules and regulations; provided, however, that such failure must be a personal failure of the employee and not one directly caused by conditions beyond the control of the employee; provided, further, that no person shall be disciplined under this rule unless and until he or she is given adequate written notice of his deficiencies and a reasonable time to correct them; and j. Violation of any applicable law or regulation dealing with standards of conduct. 911.08. Disciplinary Procedure. a. No full-time, nonprobationary employee in the civil service shall be removed, suspended, demoted or discharged except for cause, as set forth in 911.07, stated in writing by the appointing authority. The employee may appeal such disciplinary action to the Commission within ten days, unless a different and legally authorized appeal or grievance procedure is chosen by the employee. A civil service employee may select only one appeal or grievance procedure and may not change procedures once the initial election is made. The Commission shall thereafter conduct a hearing and receive such testimony from witnesses and other evidence as may be relevant to the matter. Thereafter, the Commission shall have general authority to affirm, reverse, or modifY the disciplinary action that has been appealed, based on the evidence and the law. b. All appeal hearings conducted by the Commission pursuant to this section shall be open to the public, after reasonable notice to the accused of the time and place of such hearing. At any such appeal hearing the accused may appear in person and by counsel and may present a defense. The Commission shall retain the power to sequester witnesses during a public appeal hearing. However, if the appellant requests that the appeal hearing be conducted in private, the Commission shall have discretion to grant that request. 9 11.09. Appeals from Decisions of the Civil Service Commission. An employee or appointing authority may appeal a decision of the Commission involving discipline. The appeal shall be initiated by written notice filed with the Commission stating the grounds for appeal. The Commission shall file with the Court a certified record of the proceedings, including a hearing transcript, within twenty days of receipt of the appeal. The Court shall then hear and review the appeal in a summary manner upon the Commission's written record, plus such legal briefs and oral argument as the Court deems proper. After a hearing, the Court may affirm, modifY or reverse the Commission's decision. The httn://lis.viminia.Q:ov/cQ:i-bin/leQ"D604.exe?111 +ful+CHAP0640 6/30/2011