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<br />~ <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />llO <br /> <br />-9- <br /> <br />(a) In the case of city employees, the re- <br />commendation shall be mac~e to t~.1e city <br />manager. <br /> <br />1. Appeals by a classified employee <br />from any action of the city manager <br />pursuant to such recommendation shall <br />be made to the Personnel Appeals Board. <br /> <br />2. Appeals by a policeman or fireman from <br />any action of the city manager pursuant <br />to such recommendation shall be made to <br />the Civil Service commission. <br /> <br />(b) In the case of the mayor, a council member, <br />a member of a board or commission or an <br />employee who is a council appointee, the <br />recommenda.tion shall be made to the city <br />council~ provided however, that in a case <br />involving the mayor or a council member, <br />that person shall be disqualified from <br />consideration of the matter. <br /> <br />C. The commission shall render aovisory opinions on potential <br />conflicts of interest or violation of this chapter at <br />the request of a public official or employee subject to <br />the terms of this chapter. <br /> <br />D. Any advisory opinion rendered by the commission shall <br />by binding on the commission in any subsequent charges <br />concerning the person who requested the opinion and who <br />acted in reliance on it in good faith, unless material <br />facts were omitted or misstated by the person in the <br />request for the opinion. <br /> <br />SECTION 4. <br /> <br />Suspension or Modification of Requirements of Article <br />II. <br /> <br />The commission may act to suspend or modify any of t~2 <br />requirements of article II of this chapter in a particular <br />case if it finds that literal application of the chapter <br />would work a manifestly unreasonable hardship and if it <br />also finds that such suspension or modification would not <br />frustrate the purposes of this chapter. Any such suspension <br />or modification shall be only to the extent necessary to <br />substantially relieve the hardship. The commission shall <br />act to suspend or modify any requirements of article II <br />only if it determines that facts exist that are clear and <br />convincing proof of the findings required hereunder. <br /> <br />ARTICLE IV. <br />PENALTIES <br /> <br />SECTION 1. <br /> <br />Fine Established. <br /> <br />Any violation of this ordinance, upon conviction, shall be <br />punishable by a fine of not more than $200.00. Each day <br />after the deadline herein established, for which any state- <br />ment required by this chapter has not been filed, shall <br />constitute a separate offense. <br /> <br />SECTION 2. <br /> <br />Discipline and Review. <br /> <br />The penalties prescribed in this article shall not limit <br />the power of the city manager to discipline those employees <br />under the city manager's supervision nor shall the penalties <br />