|
181
<br />
<br /> (b) Insubordination, discourteous treatment of the public or a fellow employee
<br />or ~ny other act of omission or commission of similar nature tending directly to discredit
<br />o_Er l.~jure the public service or to )eopardize the effective functioning of the service;
<br />or any other wi~fut failure on ~he~part of the employee to proper~y eon~ue~ himse~
<br />mr any wilful violations of the provisions of this article or the rules and regulations
<br />to be adopted hereunder;
<br />
<br />(c) Mental or physical unfitness for the position which the employee holds;
<br />
<br />(d) Bishonest, disgraeefu1~ immorat or prejudicial conduct;
<br />
<br /> (e) (d} Drunkenness or use o~ intoxicating liquors, narcotics or any other dangerous
<br />drug, liquid or preparation to SUCh extent that the use thereof interferes with the effici
<br />ency or mental or physical fitness of the employee, or which precludes the employee from
<br />properly performing the functions and duties of ahy pesitiem an~er eivit service his
<br />position;
<br />
<br /> ~f) [e) Conviction of a felony, or a misdemeanor involving mor~l turpitude, or a
<br />pattern~o~ misconduct as manifested by a series of convictions of m~sdemeanors no~
<br />involving moral turpitude;
<br />
<br /> (g) Any other art er faitnre te art which shews the-offender te ~e an unsuitable
<br />and unfit person to be employed in-the pubtie service.
<br />
<br /> (f) Failure to report to an appropriate superior authority administrative errors,
<br />incompetence, miscondudt, inefficiency, neglect of duty, or any other form of misconduct
<br />or negligence of which the employee has knowledge;
<br /> [g) Failure of a supervisory employee or commanding officer to take appropriate
<br />corrective action with regard to such employees under his supervision or command as may
<br />be ~uilt[of any form of neglect of duty or misconduct where the supervisoroor commanding
<br />officer ~nows or should have-known of such derelictions.
<br />
<br /> (h) Failure to achieve professional progress and advancement in accordance with
<br />reasonable and definitive ~riteria established by ~he civil service commission and set
<br />forth in its rules-and regulations; provided, however, that such failure must be a person~
<br />failure of the employee and not one directly caused by conditions beyond the control
<br />Of the employee; provided, further,-that no person shall be disciplined under this rule
<br />unless and~matit~he is given'adequate written notice of his deficiencies and a reasonable
<br />time.to correct them.
<br />
<br />Section 11.t5. Disciplinary Procedure.
<br />
<br /> (a) No person in the classified civil service who shall have been permanently appoir
<br /> er inducted into civil service under.provisions of this article, shall be removed,
<br /> demoted or discharged except fo~.~cause, and only upon the~written accusation of the
<br /> ~ppointing power, or any citizen or taxpayer, a written statement of which accusation,
<br /> · n general terms, shall be served upon the accused, within forty-eight hours from the
<br /> time of his removal, suspension, demotion or discharge, and a duplicate thereof filed
<br /> with the commission at the same time. Any~person so removed, suspended, demoted or discha~
<br /> may, within ten days from the time of his removal, suspension, demotion or-discharge,
<br /> file with the commission a written demand for an investigation, whereupon the commission
<br /> shall conduct such investigation. The investigation shall be confined tO the determina~
<br /> of the question of whether such removal, suspension demotion or discharge was or was
<br /> not made for political, oreli discriminatoryre~a~aas
<br /> and was or was not made in good cause, nvestigation the commission
<br />~yga~irm the removal, suspension, demotion or discharge, or, if it .shall find 'that
<br />the removal,, suspension, demotion o~ discharge, was made for:politicat~oreligious,
<br />ra~'ia~"o~'other unlawfully discrimina~tory~easons, or waS~'not.made in good faith for
<br />camse, shall order the ~mmed~ate reinstatement or reempioyment of such person ~n the
<br />of~i~'~lace, position or employmemt from which such per,on ~as removed, suspended,
<br />demO~te~ ~r discharged, which reinstatement shall, if the~commission so provides ~n its
<br />di-S~tio'n, be retroactive, and entitle such person to pay or or compensation from the
<br />??~ime~Of ~uch removal, suspension, demotion or discharge. T~e commission upon such investJ
<br />~ation, in lieu of affirming the removal, suspension, demotion or discharge may modify
<br />the ordey of removal, suspension, demotion or discharge~bM~irecting a suspension~ without
<br />pay, fo~'~a given period, and s~bsequent restoration to?duiy~ or demotion in ctassificatioz
<br />grade or pay; the co~mision may di~e~t a lesser penalty~t~an that given, but not a greate~
<br />the findings of the commission:sha~l~he certified in w~iti~g~to the appointing power,
<br /> and shall be forthwith enforced by such officer. ~
<br />
<br /> (b) If the appointing power fails to properly notify the accused or the commission
<br />of the removal, suspension, demotion or discharge of a per,on,permanently appointed
<br />or inducted into civil service within.~forty~eight hours'.:fr~m'~the time the removal~ suspen-
<br />sion, demotion or discharge was-made~ the commission shatl~iet a date, within fifteen
<br />days, for a hearing of the accused person and approve o~ disapprove the action taken
<br />by the appointing power, and so notify the appointing power and the accused, as provided
<br />above.
<br />
<br /> (c) If for good and sufficient reason any member er members of the commission,
<br />the accused, or the appointing power should be prevented from .attending the hearing
<br />on the date set by the commission, the commission may in its discretion adjourn the
<br />hearing to a later date, but said date must be set at the time o£ adjournment, and must
<br />
<br />
<br />
|