No person in the
classified civil service who shall have been permanently
appointed or inducted into civil service under provisions of this
chapter, shall be removed, suspended, demoted or discharged
except for cause, and only upon written accusation of the
appointing power, or any citizen or taxpayer; a written statement
of which accusation, in general terms, shall be served upon the
accused, and a duplicate filed with the commission. Any person
so removed, suspended, demoted or discharged may within ten days
from the time of his or her removal, suspension, demotion or
discharge, file with the commission a written demand for an
investigation, whereupon the commission shall conduct such
investigation. The investigation shall be confined to the
determination of the question of whether such removal,
suspension, demotion or discharge was or was not made for
political or religious reasons and was or was not made in good
faith for cause. After such investigation the commission may
affirm the removal, or if it shall find that the removal,
suspension, or demotion was made for political or religious
reasons, or 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
removed, suspended, demoted or discharged, which reinstatement
shall, if the commission so provides in its discretion, be
retroactive, and entitle such person to pay or compensation from
the time of such removal, suspension, demotion or discharge. The
commission upon such investigation, in lieu of affirming the
removal, suspension, demotion or discharge may modify the order
of removal, suspension, demotion or discharge 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 shall be forthwith enforced
by such officer.
All investigations made by the commission pursuant to the
provisions of this section shall be had by public hearing, after
reasonable notice to the accused of the time and place of such
hearing, at which hearing the accused shall be afforded an
opportunity of appearing in person and by counsel, and presenting
his or her defense. If such judgment or order be concurred in by
the commission or a majority thereof, the accused may appeal
therefrom to the court of original and unlimited jurisdiction in
civil suits of the county wherein he or she resides. Such appeal
shall be taken by serving the commission, within thirty days
after the entry of such judgment or order, a written notice of
appeal, stating the grounds thereof, and demanding that a
certified transcript of the record and of all papers on file in
the office of the commission affecting or relating to such
judgment or order, be filed by the commission with such court.
The commission shall, within ten days after the filing of such
notice, make, certify and file such transcript with such court.
The court of original and unlimited jurisdiction in civil suits
shall thereupon proceed to hear and determine such appeal in a
summary manner: PROVIDED, HOWEVER, That such hearing shall be
confined to the determination of whether the judgment or order of
removal, discharge, demotion or suspension made by the
commission, was or was not made in good faith for cause, and no
appeal to such court shall be taken except upon such ground or
grounds.
[2007 c 218 § 14; 1937 c 13 § 9; RRS § 9558a-9.]
NOTES:
Intent -- Finding -- 2007 c 218: See note following RCW 1.08.130.