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State Statutes - Idaho - Title 50 - Chapter 16 - 50-1609
Idaho Statutes
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50-1609 - REMOVALS -- SUSPENSIONS -- APPEALS -- HEARINGS
All persons in
the classified civil service shall be subject to suspension from office or
employment by the head of the department for misconduct, incompetency or
failure to properly observe the rules of the department. Upon suspension by
the head of the department or accusation by the appointing power, any citizen
or taxpayer, a written statement of such suspension or accusation, in general
terms, shall be served upon the accused and a duplicate filed with the
commission; provided, the head of the department may suspend a member pending
the confirmation of the suspension by the appointing power, which confirmation
must be within three (3) days. The finding of the civil service commission
upon the said charges shall be certified to the head of the department and
shall forthwith be enforced and followed by him. The aggrieved party shall,
however, have the right within ten (10) days from the time of his removal,
suspension, demotion or discharge as the case may be, to file with the
commission a written demand for an investigation. In conducting such
investigation, the commission shall be confined to the determination of the
question as to whether such removal, suspension, demotion or discharge was
made for political or religious reasons, or was made in good faith and for
cause. All investigations made by the commission pursuant to the provisions of
this section shall be by public hearing after reasonable notice to the accused
of the time and place of such hearing. At such hearing the accused shall be
afforded an opportunity of appearing in person or by counsel and presenting
his defense. If such judgment or order be upheld by a majority of the
commission, the accused may appeal therefrom to the court of original and
unlimited jurisdiction in civil suits of the county wherein he resides. 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 as to
whether the judgment or order of removal, discharge, demotion or suspension by
the commission, was made in good faith and for cause, and no appeal to such
court shall be taken except upon such ground or grounds.
 
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