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<br />7. <br />AN AMENDMENT PROVIDING THAT A <br />DEMOTION IS EFFECTIVE IMMEDIATELY, <br />SUBJECT TO AN APPEAL <br /> <br />Current LIDY <br /> <br />Under Sec. 143.054, the chief of the fire or police department may recommend in <br />writing to the civil service commission that an officer be involuntarily demoted. The <br />chief must include reasons for the recommended demotion and request that the <br />commission order the demotion. If the commission believes that good cause exists <br />for ordering the demotion, the commission shall give the fire fighter or police officer <br />notice to appear before the commission for a public hearing. The commission must <br />give the p011ce officer or fire fighter ten days notice before tbe hearing. <br /> <br />Proposed Chan~e <br /> <br />This amendment would provide that when the chief recommends a demotion for a <br />police officer or fire fighter, the demotion would take effect immediately, subject to <br />the appeal. <br /> <br />Reasons for Proposed Chan~e <br /> <br />Currently, if the chief recommends a demotion, the decision must await a review <br />and possible appeal to the commission or a third party hearing examiner. The only <br />time requirement in the statute is one which requires that the commission give <br />notice to the affected police officer or fire fighter. If the officer has been <br />suspended, the commission must hold a hearing and render a decision in writing <br />within 30- days after the date it received notice of appeal. Often, attorneys <br />representing the employee in a demotion appeal will delay any hearing on the <br />matter, effectively blocking the attempted demotion of the offlcer. <br /> <br />There seems to be no logic for the difference between a suspension (which has <br />immediate effect) and a demotion (which has effect only after an appeal). <br />