45-35-120.17
Section 45-35-120.17 Procedure for protesting certain disciplinary action. (a) An employee
shall have the right to protest any disciplinary action taken against him or her by his or
her appointing authority; provided, however, an employee serving by temporary appointment
and an employee having probationary status shall have no right to protest any such disciplinary
action, unless such employee had permanent status in some other position at the time he or
she was appointed to his or her present position. Any employee desiring to protest any disciplinary
action directed against him or her by his or her appointing authority shall file a protest
in writing with the board and with his or her appointing authority within not less than seven
days and not more than 30 days of the date on which the disciplinary action was taken and
request a hearing before the board. Within 14 days after receipt of the protest, his or her
appointing authority shall file with the chair of the board and mail to...
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45-17A-50.09
Section 45-17A-50.09 Disciplinary action; predetermination hearing; submission of charges;
public hearing. (a) The mayor or head of the department shall have authority to discipline
any employee pursuant to this part and the rules and regulations adopted by the city council
to implement this part. If a disciplinary action involves suspension without pay, demotion,
or dismissal of a regular status employee, the mayor shall submit a written report of the
action to the city council giving the reason or reasons for the action. (b) No regular status
employee may be suspended without pay, demoted, dismissed, or otherwise deprived of any right
in his or her job unless he or she has been afforded the opportunity of a predetermination
hearing before the mayor in which he or she may face his or her accusers and offer evidence
in his or her defense prior to the action being taken. (c) Charges may also be filed against
any employee covered by this part by any nonemployee and shall be submitted in...
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45-8A-112.13
Section 45-8A-112.13 Removal discharge, or demotion of employee; proceedings. (a) Any permanent
employee subject to this part may be removed, discharged, or demoted by his or her appointing
authority, provided that within five days the appointing authority makes a report in writing
of the action to the board, giving the reason for the removal, discharge, or demotion. The
employee shall have 10 days from the time of notification of his or her discharge, removal,
or demotion in which to appeal to the board. The board shall thereupon order the charges or
complaint to be filed immediately in writing and shall hold a hearing de novo on the charges.
No permanent employee, officer, or official of the city whose employment comes within the
jurisdiction of this part, and whose probationary period has been served, shall be removed,
discharged, or demoted except for some personal misconduct, or fact, rendering his or her
further tenure harmful to the public interest, or for some cause affecting...
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45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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45-28-121.08
Section 45-28-121.08 Demotion, dismissal, suspension, or reductions in pay. (a) No employee
in the classified service may be demoted, dismissed, suspended, or reduced in pay without
just cause. (b) Any employee in the classified service who has been demoted, suspended, dismissed,
or reduced in pay, shall be entitled to receive a written statement of the reasons for such
action from the appointing authority within three working days, and he or she shall have three
working days time thereafter within which to file an answer in writing thereto. A copy of
such charges and answer shall be filed with the personnel director. In the event the employee
files an answer, a copy of the written charges and of such answer shall be transmitted by
the personnel director to the personnel board. Within 10 working days from the date of the
filing of his or her answer to the written charges, or in the event such written charges have
not been made available to him or her within the time prescribed, then...
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45-28-234.12
Section 45-28-234.12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The sheriff,
or the appointing authority to whom the sheriff has delegated such disciplinary powers, may
remove, discharge, suspend, or demote any employee in the classified service of the office
of the sheriff, provided that within five days thereof, a written report of such action is
made to the board, giving the reason or circumstances surrounding such disciplinary action.
If any aggrieved employee is suspended for more than three days, removed, discharged, or demoted,
he or she shall be entitled to a board hearing on such disciplinary action, upon written demand
thereon within 10 days of such action. A hearing shall be held within 10 days of the receipt
of the written request therefor. All meetings of the board on disciplinary matters shall be
open to the public, and shall observe the aggrieved employee's right to...
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45-35A-51.20
Section 45-35A-51.20 Discharges. (a) The appointing authority may discharge an employee in
the classified service, whenever he or she considers the good of the service and the welfare
of the city will be best served thereby, by making and filing in his or her office an order
to that effect together with the reasons assigned for the discharge, however, the power to
discharge shall not be capriciously or arbitrarily exercised in any case; a copy of such order
and the reasons assigned shall be served upon each the employee and the director before the
effective date thereof; and a copy served upon the director shall be filed and retained in
the office as a public record. The discharged employee, within 10 days after receipt of the
discharge notice, may appeal the action of the appointing authority to the board, by filing
a written answer to the chair with a demand for a hearing. It shall be the duty of the board
to fix a time and place for hearing on the appeal, and to give notice thereof...
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45-8A-71.09
Section 45-8A-71.09 Civil service board - Salaries for employees. The salary to be paid each
subordinate employee shall be determined by his or her appointing authority; and the salary
to be paid each department head employee shall be determined by the city governing body. The
salary paid to each department head and each subordinate employee shall be within the minimum
and maximum salary range established by the governing body and the board for the applicable
position. It shall be unlawful for any official or employee to draw or issue any warrant on
the city treasury for the payment of salary to any employee covered by this part unless the
warrant is in an amount within the minimum and maximum salary range authorized by the board
and approved by the appointing authority to be paid the employee. A sum paid as salary contrary
to this section may be recovered in an action brought by any resident of the city against
the official or employee who draws or issues the warrant, or against the...
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45-8A-71.08
Section 45-8A-71.08 Civil service board - Rules and regulations; powers and duties. (a) The
board may make rules and regulations governing examinations, eligible registers, appointments,
transfers, minimum and maximum salaries, promotions, demotions, annual and sick leave, and
merit raises. Any action taken by the board affecting a rule or regulation relating to transfers,
minimum and maximum salaries, promotions, demotions, annual leave, sick leave, and other matters
as may be necessary to accomplish the purposes of this part, is subject to the consent of
the governing body. If any merit raise has been denied or demotion has been recommended by
the appointing authority, the employee has 10 working days to contest the denial or demotion
to the board. After the review of all facts, the findings of the board shall stand unless
the ruling of the board is appealed to the governing body for a final decision regarding the
matter. A rule or regulation may be made only after a public hearing...
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11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
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