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11-356. Dismissal, suspension or reduction in rank of employees; appeals; hearings

A. Any officer or employee in the classified civil service may be dismissed, suspended or reduced in rank or compensation by the appointing authority after appointment or promotion is complete only by written order, stating specifically the reasons for the action. The order shall be filed with the clerk of the board of supervisors and a copy shall be furnished to the person to be dismissed, suspended or reduced.

B. The officer or employee, within ten days after presentation to him of the order, may appeal the order through the clerk of the commission. On the filing of the appeal, the clerk of the commission shall immediately transmit the order and appeal to the commission for a hearing.

C. Within twenty days after receiving the order and appeal, the commission shall set a date for a hearing of the appeal. The appellant may appear personally, produce evidence, have counsel and, if requested by the appellant, request a public hearing.

D. The commission may appoint a hearing officer to conduct the hearing and take evidence on behalf of the commission. If a hearing officer is appointed to conduct the hearing, on conclusion of the hearing the hearing officer shall submit proposed findings of fact, conclusions of law and a recommendation to the commission.

E. In any appeal of a dismissal, suspension or reduction in rank in which a single hearing officer has been appointed to conduct the appeal hearing, the officer or employee or the employer may request a change of hearing officer. On the first request of a party, the commission shall grant the request. The commission may grant all other requests only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer. The chairperson of the commission shall decide whether a sufficient showing of prejudice has been made.

F. Following the hearing, or if a hearing officer has been appointed, following receipt of the hearing officer's proposed findings of fact, conclusions of law and recommendation, the commission shall either affirm, modify or revoke the order.

G. The findings and decision of the commission shall be final and shall be subject to administrative review as provided in title 12, chapter 7, article 6.

H. This section does not apply to furloughs of classified employees if the furloughs are undertaken to address budget shortfalls or structural imbalance.