A. The tenure of every regular employee who is a member of this system shall be only during good behavior and acceptable job performance, and any such employee may be terminated, suspended, or demoted for cause. Suspensions shall not exceed 30 days. Any regular employee may be terminated, suspended, or demoted by the appointing authority only upon the service upon the employee of a statement in writing of the reasons therefor, a duplicate of which shall be filed with the Commission. Any regular employee so terminated, suspended, or demoted may, within 10 days from the date of service of such statement, file with the Commission a written demand for a hearing, whereupon, in due course, the Commission shall conduct such hearing. The hearing shall be confined to a determination of the question of whether such termination, suspension, or demotion was made in good faith for cause.

B. After such hearing, the Commission may affirm the action of the appointing authority, or if it shall find that the action was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was terminated, suspended, or demoted. The Commission upon such hearing, in lieu of affirming the termination, may modify the order of termination, suspension, or demotion by directing a suspension, without pay, for up to 30 days, and subsequent restoration to duty, or demotion in classification or grade or reduction in or loss of pay. The findings of the Commission shall, within 20 days after such hearing, be certified in writing to the appointing authority, and shall be forthwith enforced by such authority.

C. All hearings pursuant to this section shall be open to the public at the request of the employee. Hearings shall be held after due notice of the time and place of hearing to the affected employee. The employee has the right to representation of his/her choosing and at his/her own expense.

D. The Commission shall cause to be made a record of all such hearings. Upon request, the Commission shall furnish such record to the employee.

E. By submitting a grievance to binding arbitration under a collective bargaining agreement, the employee waives his/her right to demand a hearing under this section. (Ord. 2737 § 1 (Exh. A), 2015; Ord. 1444 § 12, 1980).