§ 114-546. Right to file appeal.

Unless otherwise provided, all appeals to the civil service board, pursuant to this division, are entitled to a hearing which shall be conducted by a hearing officer of the civil service board pursuant to this division. However, with the written consent of all parties and the approval of the hearing officer, a hearing may be waived and the appeal considered on the written record. The following matters constitute proper reasons for which appeals may be filed with the civil service board under this division, along with the conditions required for such appeals:

(1)

Adverse actions. Any nonprobationary employee in the classified service or any nonprobationary sworn officer of the department of police who holds the rank of lieutenant or below that of lieutenant or sworn officer of the department of fire who holds the rank of captain or any rank below that of captain shall have the right to file an appeal of an adverse action, i.e., suspension, demotion or dismissal, to the civil service board pursuant to the procedures in this article.

(2)

Removal from eligible list. An eligible, as defined in section 114-502, whose name is removed from a register pursuant to article IV of this chapter, may appeal to the civil service board for reinstatement to the eligible list. If the appeal is upheld, relief shall be limited to reinstatement to the current eligible list.

(3)

Disqualification for reemployment. An employee under Section 114-84 who has been disqualified for reemployment, as provided in article IV of this chapter, may appeal to the civil service board. Such appeal shall be filed within 30 days of notice of disqualification for reemployment.

(4)

Failure to follow procedures of layoff or reduction in force. A regular employee who has been laid off, demoted or reduced in salary as a result of a reduction in force may appeal to a civil service board if the reduction in force, as implemented by the appointing authority, is not in accordance with the plan of reduction as approved by the commissioner of human resources.

(5)

Unjust coercion or reprisal. An employee who is subjected to coercion or reprisal because of participation in an appeal or grievance proceeding authorized by this article may appeal for relief to the civil service board, as provided in this division.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07; Ord. No. 2010-34(10-O-0952), § 7, 6-30-10)