§ 14-49-311 - Suspension, discharge, or reduction in rank or compensation. - Arkansas Statutes

14-49-311. Suspension, discharge, or reduction in rank or compensation.

(a) (1) (A) No employee of any department of any city affected by this chapter shall be discharged or reduced in rank or compensation without being notified in writing as provided in this section.

(B) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time it is taken.

(2) The person shall have the right of reply and trial as provided in this section and may be discharged or reduced only after conviction by trial before the commission.

(b) (1) The trial must take place within fifteen (15) days after demand for it is made.

(2) The accused must be notified at least ten (10) days prior to the trial of the date and place of trial.

(3) The accused may have compulsory process to have witnesses present at such trial.

(c) (1) The chairman shall preside at all trials and shall determine and decide all questions relative to pleadings and admissibility of evidence.

(2) The decision of the commission shall be a majority vote of members of the commission.

(d) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated.

(B) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission.

(C) (i) The court shall review the commission's decision on the record and may, in addition, hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee.

(ii) The testimony or evidence must be competent and otherwise admissible.

(2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court of the State of Arkansas.

(B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(e) In the event that it is finally determined that there was a wrongful suspension, discharge, or reduction in rank of any employee, the employee shall, in such case, be entitled to summary judgment against the city for full pay for the time he lost by reason of his suspension or discharge, or for the difference in salary or loss he shall have sustained by reason of any reduction in salary.