LegalFix

§ 14-50-311. Discharge or reduction in rank or compensation

AR Code § 14-50-311 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(a)

(1) No civil service employees under a system established or continued pursuant to this chapter shall be discharged or reduced in rank or compensation without being notified in writing of the discharge and the cause therefor.

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

(b)

(1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, he or she may request if he or she so desires a trial before the civil service commission on the charges alleged as grounds for discharge.

(2)

(A) In the event a request for trial is made, the commission shall fix a date for the trial not more than thirty (30) days after request therefor is made.

(B) If the request for trial is not made within ten (10) days from the date of service of notice of discharge, the discharge shall become final and no trial shall be granted thereafter.

(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 employee shall have compulsory process to have witnesses present at the trial.

(d) (1) (A) 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.

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

(2)

(A) In all trials under this section for cities having a mayor-council form of government and a population of not less than fifty-five thousand (55,000), the commission shall employ an attorney to advise and represent the commission.

(B) The attorney shall not be the city attorney, nor shall he or she be associated with any attorney then employed by the city.

(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 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 in addition may 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.

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

(f) In the event that it is finally determined that there was a wrongful 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 discharge or demotion, taking into consideration any remuneration which the employee may have received from other sources pending the final determination of his or her case.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 14-50-311. Discharge or reduction in rank or compensation