§ 54-39. Duties and powers of career service appeal board.

(a)

The career service appeal board established in section 54-38 shall, upon its organization, select one member as chairperson and one person as secretary, and they shall perform their duties in accordance with the procedures set forth in this article and any supplemental rules and regulations which may be promulgated by the sheriff.

(b)

The career service appeal board shall have the power, subject to this article to:

(1)

Require observance of this article and any rules and regulations adopted by the sheriff for implementation and administration of this article.

(2)

Review matters properly brought before it and determine if just cause for discipline exists. All matters concerning the form or manner of discipline upon a finding of just cause shall be within the sole province and discretion of the sheriff.

(c)

The board shall meet for the purpose of conducting an evidentiary hearing regarding a timely and properly filed appeal of disciplinary action as defined in this article. The board shall, in the conduct of such hearings, have power to administer oaths, issue subpoenas, compel the attendance of witnesses and require the production of books, records, accounts, papers, documents, testimony and other evidence. For disobedience of any person to comply with an order of the board or a subpoena issued by the board or upon the refusal of a witness to testify in any matter for which he may be lawfully interrogated, a county judge of the county in which a person resides, upon application of any member of the board, shall compel obedience by proceeding as for contempt. Each witness who appears in obedience to subpoena before the board shall receive compensation for attendance fees and mileage as provided for witnesses in civil cases in the courts of this state. Such payment shall be made by the party calling the witness, except with respect to any witness called by the board. Payment shall be made by the sheriff upon presentation of proper vouchers and approval by three members of the board.

(d)

The board shall first determine jurisdiction over the appeal before it. The board is without power under this article to hear the appeal of any disciplinary action which is not expressly provided for in this article. No action or decision by the board shall be binding on any party, including the sheriff, if the board lacks jurisdiction over the matter before it.

(e)

The board is without power or authority to modify, alter, reduce or otherwise change the disciplinary action imposed by the sheriff which was the subject of the appeal. The board has no authority to impose on any employee a penalty which is more harsh than that which forms the basis of the appeal. Any new charges or allegations which are discovered in proceedings before the board may be referred to the sheriff for investigation and further proceedings without prejudice.

(Code 1970, § 15½-25; Ord. No. 90-12, § 5, 9-25-90; Ord. No. 11-17, § 2, 12-6-11)