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The commission may reverse the action of the appointing authority when the commission finds the appointing authority did not act in good faith for cause.

The commission further may modify the appointing authority's action to reduce the same, but if a dismissal was for incompetency and commission finds it was in good faith and for cause, such authority to modify the dismissal shall be limited only to modify to a demotion. If a person has been found incompetent by the appointing authority and such action is found by the commission to be in good faith and for cause, it would be inconsistent then to return the employee to the position. When the commission determines that it will consider modifying the disciplinary action, it shall notify the parties and permit them to present additional arguments or briefs regarding the appropriate penalty. This paragraph is found to accomplish the purposes of RCW 41.12.090.

At the conclusion of the hearing, the commission shall prepare and adopt specific findings of fact stating the basis for its decision. By such decision the commission may affirm the action of the appointing authority or it may order the reinstatement or reemployment in the position or employment from which such person was removed, suspended, demoted or discharged. Such reinstatement may, if the commission so provides in its discretion, be immediate and may be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge.

The findings and decision of the commission shall be certified in writing to the appointing authority, to be forthwith enforced, but subject to rights of appeal to the courts.

The commission shall provide for the recording or transcription of its proceedings, and the manner of, and responsibility for, certification of its records. (Ord. M-2768 §3 (part), 1988)