12-2824.   Employment classification and regulation.The board shall classify all the offices, positions and grades ofregular employment required, excepting that of the chairman of the board,the general manager, secretary, treasurer, general attorney, and chiefengineer, with reference to the duties thereof and the compensation fixedtherefor, and adopt rules governing appointments to any of such offices orpositions on the basis of merit and efficiency. No discrimination shall bemade in any appointment or promotion because of race, creed, color orpolitical or religious affiliations. No officer or employee shall bedischarged or demoted except for cause which is detrimental to the service.Any officer or employee who is discharged or demoted may file a complaintin writing with the board within ten days after notice of his or herdischarge or demotion. If an employee is a member of a labor organizationthe complaint may be filed by such organization for and in behalf of suchemployee. The board shall grant a hearing on such complaint within thirty(30) days after it is filed. The time and place of the hearing shall befixed by the board and due notice thereof given to the complainant, thelabor organization by or through which the complaint was filed and thegeneral manager. The hearing shall be conducted by the board, or any memberthereof or any officers' committee or employees' committee appointed by theboard. The complainant may be represented by counsel.

      If the board finds, or approves a finding of the member or committeeappointed by the board, that the complainant has been unjustly dischargedor demoted, the complainant shall be restored to his or her office orposition with back pay. The decision of the board shall be final and notsubject to review. The board may abolish any office or reduce the force ofemployees for lack of work or lack of funds, but in so doing the officer oremployee with the shortest service record in the class and grade to whichhe or she belongs shall be first released from service and shall bereinstated in order of seniority when additional force of employees isrequired. Seniority shall be considered a working condition and whereemployees are represented by a labor organization which has any laboragreement with the authority such working conditions shall be governed bythe terms of such agreement.

      History:   L. 1955, ch. 118, § 24; April 13.