72. The resolution removing an officer or employee contemplated in the second paragraph of section 71, suspending him without pay or reducing his salary, shall be served upon him by handing a copy thereof to him in person. The person so removed or suspended or whose salary has been so reduced may, subject to section 79 of the Police Act (chapter P-13), appeal from such a decision to the Commission municipale du Québec, which shall decide finally, after inquiry.
Such appeal shall be brought within fifteen days after the time when the resolution of the council was served.
If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal. The order to such effect shall be homologated, upon motion by the appellant, by the competent court of civil jurisdiction. The appellant may thereafter execute the judgment against the municipality.
Where the conduct of the officer or employee has been examined by the Commission in the course of an investigation contemplated in subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), the appeal shall be brought before a judge of the Court of Québec who shall decide finally. The appeal shall be brought by a motion served on the municipality and on the Commission and filed in the office of the Court of Québec in the judicial district in which the appellant is domiciled, within fifteen days after the day on which the resolution is served. Upon service of the motion, the Commission shall transmit to the Court of Québec that part of its investigation report which deals with the conduct of the officer or employee.
1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66.