41-1830.13. Review of council decision by agency director; appeal; reinstatement

A. Within fourteen days of receipt of the finding or recommendation by the council pursuant to section 41-1830.12, the director of the employing agency shall accept, modify or reverse the council's decision or accept, modify or reject the council's recommendation. The director shall accept the council's recommendation unless the recommendation is arbitrary or without reasonable justification. If the director does not accept the council's recommendation, the director shall state the reason or reasons for rejecting the recommendation. The decision of the director of the employing agency is final and binding. The director of the employing agency shall send a copy of the agency's final determination to the employee pursuant to section 41-1830.12.

B. Except as provided in section 41-1092.08, subsection H, a classified employee who is suspended, is demoted, has pay reduced, loses accrued leave time or is dismissed pursuant to this article, after a fair hearing and review before the law enforcement merit system council and review of the suspension, demotion, reduction in pay, loss of accrued leave time or dismissal by the director of the employing agency, may appeal the determination of the council and the final determination of the director of the employing agency pursuant to title 12, chapter 7, article 6.

C. In addition to the trial court's powers as prescribed in section 12-911, if the court overrules the determination of the council or the director of the employing agency, the employee shall be reinstated in the employee's position and the employee shall receive full compensation for any salary withheld pending the determination by the council, the director of the employing agency and court.