Procedure in general.
Section 36
SEC. 36. Procedure in general.—The following shall be the general procedure in removal and suspension of provincial and municipal officers and employees: (a) Provincial officers.—Provincial officers may be suspended and removed for cause by the department governor in accordance with the provisions of section eight (g) hereof. The action of the department governor removing a provincial officer may be reviewed by the Governor-General upon appeal filed by the respondent officer. (b) Provincial employees.—Provincial employees other than officers may be suspended by the provincial governor and removed by the majority vote of the provincial board, from whose decision an appeal shall lie to the department ' governor. (c) Municipal officers.—Municipal officers and chiefs of -municipal officers. police may be suspended by the provincial governor and removed by the majority vote of the provincial board. In case of removal, the respondent municipal officer shall be entitled to an appeal to the department governor whose decision shall be final. (d) Municipal employees.—Municipal employees other than officers may be suspended by the municipal president and removed by the majority vote of the municipal council: Provided, That clerks of the municipal treasurer may only be suspended by the municipal treasurer. In case of removal, the respondent municipal employee may appeal to the provincial board whose decision shall be final. (e) General provisions.—Whenever any provincial or municipal officer or employee shall be suspended in accordance with the provisions of this section, it shall be the duty of the suspending officer not later than ten days from the day of the suspension to file written charges with the provincial board or municipal council, as the case may be, setting forth the nature of the complaints made against the suspended officer or employee. The board or council shall, at its first meeting held thereafter, whether the same be a regular or special meeting, furnish a copy of said charges to the accused officer or employee with a notification of the time and place of the hearing upon said charges, and at the time and place appointed the board or council shall proceed to hear and investigate the truth or falsity of the said charges, giving the suspended officer or employee full opportunity to be heard. The hearing shall occur as soon as may be practicable and in any event not later than fifteen days from the date the accused is furnished a copy of the charges, unless the suspended officer or employee shall, on good and sufficient reasons, request an extension of time to prepare his defense. The hearing before the board or council shall be public and shall be held without any unnecessary delay, and the testimony of the witnesses shall be taken in writing. Within thirty days after completion of the investigation, the board or council shall render in writing its findings as to the truth or falsity of the charges and decide whether or not the accused shall be dismissed from the service or punished by suspension not to exceed six months. From the decision of the board or council the respondent officer or employee shall be entitled to an appeal as hereinbefore prescribed, if the appeal is filed within fifteen days after receipt by such respondent officer or employee of the findings and decision of the board or council. Immediately upon receipt of notice of such appeal the board or council shall transmit the record containing the charges, evidence taken, findings, and decision in the case to the authority empowered to decide the appeal. In case the suspended officer or employee is ordered reinstated, payment may be ordered of his salary for the time of his suspension, but in no case shall payment of salary during the period of suspension be made to a suspended officer or employee who has been reinstated, unless such payment is expressly ordered to be made by the department governor. (f) Special powers of department governor.—The provisions of thjs section shall not be construed to deprive the department governor of the power to investigate on his own motion, and for cause to suspend any officer or employee of the department or political subdivision thereof, and, with the consent and approval of the administrative council, remove such officer or employee.