(a) The tenure of every officer or employee in the classified service of the City shall be during good behavior and efficient service and no such officer or employee shall be reduced in pay or position, suspended, or removed, except for incompetency, inefficiency, dishonesty, drunkenness, use of non-prescribed or street drugs, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of R.C. §§ 124.01 to 124.64, as currently in effect and as may hereafter be amended, any section of Chapter 141 of the Codified Ordinances of the City or the rules of the Commission, or any other failure of good behavior; or any act of misfeasance, malfeasance or nonfeasance in office; or for violation of any departmental rules and regulations or for violation of the Chardon City Charter.
(b) In any case of reduction, suspension for more than five working days, or removal, the appointing authority shall furnish each employee with a copy of the order of reduction, suspension or removal, which order shall state the reasons therefor. Such order shall forthwith be filed with the Commission.
(c) Within ten days following the filing of such order, the employee may file a written appeal with the Commission. In the event such an appeal is filed, the Commission shall forthwith notify the appointing authority. The Commission shall hear, or appoint a trial board to hear, such appeal within 30 days of the date filed with the Commission. The Commission or trial board may affirm, reverse or modify the judgment of the appointing authority. The decision of the Commission shall be final, subject to § 141.10(d).
(d) In the case of suspension for more than five days, demotion, reduction in pay for disciplinary reasons or removal of any member of the Police Department, either the appointing authority or the officer or employee may appeal on questions of law or fact from the decision of the Commission to the Court of Common Pleas in accordance with the procedure provided by R.C. § 119.12. Such appeal shall be taken within 10 days from the date of notice of the finding of the Commission.
(e) Disciplinary suspension. An employee may be suspended for a period not to exceed five working days for purposes of discipline without the right of appeal.
(f) Absence without leave. Subject to § 141.09(e), absence from duty without leave for any time, or failure to report if leave has expired, shall be considered "neglect of duty" and cause for removal.
(g) Falsification in application. Falsification of any statement in an application for examination shall be considered "dishonesty" and sufficient cause for removal.
(h) Procedure to be followed in removals. The discharge of an employee by an appointing authority shall not become effective until such appointing authority shall have first:
(1) Served upon such employee a written order of removal, which order shall contain one or more reasons set forth in this chapter as grounds for discharge and specific facts which describe the grounds and sufficiently notify the officer fairly of the decision to permit an officer to defend against them.
(2) Filed with the Commission a copy of such order of removal.
(i) Appeal. Any employee so removed may appeal in writing from the order of the appointing authority to the Commission within ten days after the effective date of removal stated in the order.
(Ord. 2090. Passed 12-13-01.)