§ 14-51-308 - Suspension, discharge, or reduction in rank or compensation. - Arkansas Statutes

14-51-308. Suspension, discharge, or reduction in rank or compensation.

(a) (1) No civil service employee shall be discharged, reduced in rank or compensation, or suspended for three (3) or more days without being notified in writing of the discharge, reduction in rank or compensation, or the suspension for three (3) or more days and its cause.

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

(b) (1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, the person may request a trial before the board of civil service commissioners on the charges alleged as the grounds for discharge, reduction, or suspension for three (3) days or more if he or she so desires.

(2) (A) In the event a request for trial is made, the municipal civil service commission shall fix a date for the trial not more than fifteen (15) days after the request is made.

(B) (i) If the request for trial is not made within ten (10) days from the date of service of notice, the discharge, reduction, or suspension for three (3) days or more shall become final and no trial shall be granted after that date.

(ii) The appeal shall be taken by filing a notice of appeal with the commission within thirty (30) days from the date of the decision. The responsibility of filing an appeal and paying for the transcript of the proceedings before the commission shall be borne by the party desiring to appeal the commission's decision.

(iii) The commission, upon receiving notice of an appeal, will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript.

(iv) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript.

(c) (1) In the event of a trial, the officer, private, or employee requesting the trial shall be notified of the date and place of the trial at least ten (10) days prior to the date thereof.

(2) The officer, private, or employee shall have compulsory process to have witnesses present at the trial.

(d) (1) The chair of the commission shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence.

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

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

(B) (i) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. The responsibility of filing an appeal and paying for the transcript of the proceedings before the municipal civil service commission shall be borne by the party desiring to appeal the commission's decision.

(ii) The commission will upon receiving notice of an appeal prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript.

(iii) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript.

(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 Arkansas Supreme Court.

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

(f) 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 be entitled to judgment against the city for whatever loss he or she may have sustained by reason of his or her suspension, discharge, or demotion, taking into consideration any remuneration which the officer, private, or employee may have received from other sources pending the final determination of his or her case.