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December 9~ 1969
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<br /> (c) To enable the appointing power to exercise a choice in the filling of positions,
<br />no appointment, employment, or promotion in any position in the classified service shall
<br />be deemed complete until after the expiration of a period of one year probationary service,
<br />during which the appointing power may terminate the employment of the person certified
<br />to him. Whereupon the appointing power shall designate the persons certified as standing
<br />next hi~hest in any such list and such person or persons shall likewise enter upon said
<br />duties until some person is found who is deemed fit for appointment, employment or promo-
<br />tion for the probationary period provided therefor, whereupon the appointment, employment
<br />or promotion shall be deemed to be complete.
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<br />~ ll.09. False Marking, etc., ?rohihited.
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<br /> No commissioner or any other person, shall, by himself or in cooperation with
<br />one or persons, defeat, deceive, or obstruct any person in respect of his right of examinatio~
<br />or registration according ~o the rules and regulations of the civil service provisions
<br />of this article, of falsely mark, grade, estimate or report upon the examination or proper
<br />standing of any person examined, registered or certified pursuant to the civil service
<br />provisions of this article, or aid in so doing, or make any false representation concerning
<br />the same,or concerning the person examined, or furnish any person any special or secre~
<br />information £or the purpose of improving or injuring the prospects or chances Of any
<br />person so examined, registered or certified, or any other person to impersonate him in
<br />connection with any examination or registration or application or reques~ to be examined
<br />or registered.
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<br />§ ll.10. Tenure of Office: Discharge.
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<br /> The tenure of every one holding office, place, position or employment under
<br />the civil service provisions of this article, shall De only during good behavior, and any
<br />such person m~~ be removed, discharged, suspended without pay, or reduced in rank, or deprived
<br />of vacation privileges or other special privileges for any of the following reasons:
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<br />(a) Incompetency, inefficiency or inattention to or dereliction of duty~
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<br /> (b) Insubordination, discourteous treatment of the public or a fellow employee
<br />or any other act of omission or commission tending to injure the public service; or any
<br />other wilful £ailure on the part of the employee to properly conduct himself, or any wilful
<br />violations of the provisions of this article or the rules and regulations to be adopted
<br />hereunder.
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<br />(c) Mental or physical unfitness for the position which the employee holds;
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<br />(d) Dishonest, disgraceful, immoral or prejudicial conduct;
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<br /> (e) Drunkenness or use of intoxicating liquors~ narcotics or any other dangerous
<br />drug, liquid or preparation to such extent that the use thereof interfere with the efficiency
<br />or mental or physical fitness of the employee, or whic~ precludes the employee from properly
<br />performing the functions and duties of any position under civil service.
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<br />(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
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<br /> (g) Any other act or failure ~o act which shows the offender to be an unsuitable
<br />and unfit person to be employed in the public service.
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<br />§ ll.l~. Disciplinary Procedure.
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<br /> (a) No person in the classified civil service who shall have been permanently
<br />appointed or inducted into civil service under provisions of this article shall be removed,
<br />suspended, demoted or discharged except for cause, and only upon the written accusation
<br />of the appointing power, or any citizen, a written statement of which accusation, in general
<br />terms, shall be served mpon the accused, within forty-eight hours from the time of his
<br />removal, suspension, demotion or discharge, and a duplicate thereof filed with the ~ommission
<br />at the same time. Any person so removed, suspended, demoted or discharged may within ten
<br />days from the time of his removal, suspension, demotion or discharge, file with the commissio~
<br />a written demand for an investigation,~ whereupon the commission shall conduct such investiga~
<br />tion. The investigation shall be confined to the determination of the question of whether
<br />such removal,suspension, demotion or discharge was or was not made for cause. After such
<br />investigation the commission may affirm the removal, suspension, demotion o~ discharge, or
<br />if it shall find that the removal, suspension, demotion or discharge was not made for
<br />cause, shall order the immediate reinstatement or re-employment of such person in the office,
<br />place, position o~ employment from ~ich such person was removed, suspended, demoted or
<br />discharged, which reinstatement shall if the commission so provides in its discretion,
<br />be retroactive, and entitle such person to pay or compensation from the time of such removal,
<br />suspension, demotion or discharge. The commission upon such investigation, in lieu of
<br />affirming the removal, suspension, demotion or discharge may modify the order of removal,
<br />suspension, demotion or discharge by directing a suspension, without Day, for a given
<br />period, and subsequenv resvoration ~o duty, or demotion in classification, grade or pay;
<br />the commission may direc~ a lesser penalty than that given, but nov a greaver; the findings
<br />of the commission shall be certified in writing to the appointing power; and shall be
<br />forthwith enforced by such officer.
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<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 person permanently appointed or
<br />~nducted into civil service within Forty-eight hours from the time of the removal, suspension
<br />demotion or discharge was made~ the commission shall set a date, within fifteen days,
<br />for a hearing of the accused person and approve or disapprove the action taken by ~he
<br />appointing power, and so notify the appointing power and the accused, as provided above.
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