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A. No person in the classified civil service who has been permanently appointed under provisions of this chapter shall be removed, suspended or demoted except for cause, and only upon the written accusation of the appointing power; a written statement of which accusation shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended or demoted may, within ten days from the time of his or her removal, suspension or demotion, file with the secretary of the commission a written demand for a hearing, whereupon the commission shall conduct such hearing.

B. Such hearing shall be public, after no less than five days written notice to the accused of the time and place thereof, and the accused shall be afforded the right to appear by counsel, and to present his or her defense. A full and complete record of the proceedings, and all testimony, shall be made. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any oral or documentary evidence and other data deemed relevant by the commission may be received in evidence. The commission shall have the power to administer oaths, issue subpoenas and require the attendance of witnesses and the production by them of books, papers, and documents as may be deemed by the commission material to a just determination of the appeal. Such process or subpoena shall issue under the order of the commission and shall be signed by the chairperson and secretary thereof and be directed to the chief of police for service, and may be served and returned by any regular or special police officer.

C. The hearing shall be confined to the determination of the question of whether the removal, suspension or demotion was made in good faith and for cause. After such hearing, the commission may affirm the action of the appointing power, or if it finds that the removal, suspension or demotion was not made in good faith and for cause, shall order the immediate reinstatement or reemployment of such person, which reinstatement shall, if the commission so provides, be retroactive, and entitle such person to pay or compensation for the time of removal, suspension or demotion. The commission may also, in lieu of affirming a removal, modify the order by directing a suspension without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade or pay. The findings of the commission shall be certified in writing to the appointing power, and the employee affected and shall be forthwith enforced by such power. In rendering a decision following a hearing, the commission shall make and enter findings of fact in support of its decision.

D. If the order of removal, suspension or demotion is concurred in or modified by the commission or a majority thereof, the accused may appeal therefrom to the superior court of Grays Harbor County. Such appeal shall be taken by serving the secretary of the commission, within thirty (30) days after the entry of the order, a written notice of appeal, stating the grounds thereof and demanding that a certified transcript of the testimony taken at the hearing, the record of the hearing, and all papers on file with the commission relating to the order, be filed by the commission with the superior court. Also within thirty (30) days after the entry of the order, the appellant shall deposit with the civil service commission a sum of money reasonably calculated to cover all costs of preparing a transcript. Upon completion of the transcript, the appellant shall forthwith pay any additional sums owing for the transcript preparation or the commission shall return any excess funds paid. The commission shall, within ten days after the filing of the notice, and after payment of the costs of preparing the transcript, certify and file the transcript and record with the court to the determination of whether the order of the commission was or was not made in good faith and for cause, and no appeal shall be taken except upon such ground or grounds. By stipulation of all parties to the review proceedings, the record may be shortened; however, any party unreasonably refusing to stipulate to limit the record may subsequently be taxed for the additional costs. Nothing in this section shall limit the power of the department head to suspend without pay any subordinate for a period not exceeding eighty (80) working hours in any calendar year without a hearing.

(Prior code § 1.38.090)