§ 2. Involuntary Demotion Resulting from Disability  

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  • When an employee becomes disabled and cannot perform the duties of his classification, he may, upon request of the department head or upon his own request, be reclassified and transferred to a vacant position, which he is able to fill, in a class having lower compensation. He first shall be served with a written notice of such demotion and have a fair chance to file an explanation. Complete facts regarding such a change in classification shall be reported to the Commission in the manner set forth in appeals from dismissals (see Rule 17). The reclassification shall not become effective until approved by the Commission.

    An employee demoted as a result of a disability may, or the department head may, at any time after the effective date of a demotion request the Civil Service Commission to reconsider the reclassification of the demoted employee to the classification from which the employee was previously demoted, provided that such appeal shall not be filed after the date of service eligibility retirement. The demoted employee must pass an examination administered by the City Physician, or by a licensed physician designated by the City physician, showing that the employee has recovered from the disability.