(a) Tenure. The tenure of all persons in the classified service of the City shall be during good behavior and efficient service and no such person shall be reduced in pay or position, suspended, or removed, except for just and reasonable cause and upon specific written notice.
(b) Causes for Disciplinary Action. Just and reasonable cause for disciplinary action include one or more of the following, to wit:
(1) Incompetency or inefficiency;
(2) Absence from duty without leave;
(3) Excessive absenteeism or tardiness;
(4) Abusive, improper or illegal use of controlled substances, including drugs and intoxicants;
(5) Conviction of a criminal offense involving moral turpitude;
(6) Dishonesty;
(7) Solicitation or acceptance of any item of value given in hope or expectation of favored treatment by the City or any of its individual employees;
(8) Refusal to terminate outside employment which is incompatible with, or detrimental to, the performance of assigned duties;
(9) Insubordination or other failure to obey any lawful rule, regulation, order or direction;
(10) Willful or negligent conduct which causes waste or damage to persons or property;
(11) Neglect of duty or any other act of misfeasance, malfeasance or nonfeasance;
(12) Conduct unbecoming an officer or employee of the City;
(13) Failure of good behavior; and
(14) Such other and additional cause as set forth in Ohio R.C. Chapter 124, including Section 124.34, and any amendments thereto.
(c) Causes for Termination, Suspension or Other Interruption of Tenure. Just and reasonable causes for interruption of tenure, including termination, include one or more of the following, to wit:
(1) All causes set forth in Section 135.23(b), as above; and
(2) Physical or mental incapacitation.
(d) Procedures for Interruption of Tenure and/or Disciplinary Procedure.
(1) Before a person in the classified service is removed, suspended, or reduced in pay or position, the appointing authority shall furnish written notice of the proposed action to such person and the reasons therefor. Within three days subsequent to receipt of such notice, such person may file a written demand for a hearing to be held before the appointing authority, at which hearing such employee may present evidence, including the testimony of witnesses, and may cross-examine witnesses, for the purpose of demonstrating that the reasons for discipline are not true, or that extenuating circumstances exist to justify modification of the proposed action.
(2) If the demand for hearing is filed timely, the appointing authority shall set a time and place for such hearing, which shall be within ten days from the date of receipt of written demand therefor. The appointing authority shall give such person at least three days notice in writing of the time and place of such hearing, and such person may be represented by counsel at any and all proceedings throughout the disciplinary procedure process. On the basis of the evidence offered at such hearing, the appointing authority may sustain, dismiss or modify its previous order of removal, suspension or reduction in pay or position.
(3) The appointing authority may suspend any person sought to be disciplined, prior to hearing upon the same, if, in the judgment of the appointing authority, the nature of the matter warrants such action. Any person suspended shall continue to receive regular pay until any proposed disciplinary action becomes finally effective.
(4) Except as provided in subsection (d)(3), above, any proposed disciplinary action shall become effective only upon the expiration of the period within which a hearing can be demanded. In the event such a hearing is timely demanded and, if the proposed action is confirmed or modified upon such hearing, then such confirmed or modified action shall become effective upon the date upon which the determination of the appointing authority is served upon such person.
(e) Appeal to the Civil Service Commission.
(1) Notice of appeal. Within ten days following the date upon which an order of discipline becomes effective as provided in subsection (d)(4), above, the person so disciplined may file an appeal, in writing, with the Commission. In the event such an appeal is filed, the Commission shall forthwith notify all parties that it shall hear such appeal at a specific time, date and place within thirty days following the filing of such Appeal with the Commission.
(2) Hearing. A disciplinary hearing shall be private unless the appellant demands a public hearing, and shall be conducted by at least a majority of the members of the Commission.
The appellant may be present at such hearing and may be represented by counsel. The appellant or counsel may offer evidence and testimony and may examine and cross-examine witnesses under oath.
(3) Decision of the Commission. The Commission may sustain, dismiss or modify the determination of the appointing authority as to the disciplinary action on appeal, and shall notify the appellant and the appointing authority of the decision rendered by it.