The human resources board, a member thereof, or a hearing officer appointed by the board shall conduct a hearing of all appeals by any career service employee of discharge, demotion, or suspension for a period of more than ten days upon request of the employee, and may provide by rule for review of suspensions of ten days or less. The human resources board, any of its members, or a hearing officer appointed by the board may administer oaths and secure by subpoena both the evidence and witnesses for the production of relevant books and papers. All proceedings before the board, a member thereof, or the hearing officer shall be recorded. The findings and decision of a member of the board or hearing officer shall be certified to the human resources board, which may accept or reject the findings and decision or may require further hearing before the board. After the board accepts the findings and decision of its member or hearing officer, or after a hearing by the human resources board, it shall certify the findings and decision to the commissioner of human resources who shall then notify the appropriate appointing authority. Nothing in this section limits the power of the appointing authority or his/her designee to take disciplinary action against a subordinate pursuant to the rules of the department of human resources.
If the human resources board finds that the number of hearing officers is insufficient to hear and report on cases before it in a timely manner, it shall retain the services of such additional hearing officers as are necessary to ensure the timely hearing and report of such cases. If the appropriation for payment of hearing officers is insufficient for this purpose, then the expense of such hearing officers shall be borne by the department from which such cases arise, based on the cost involved in hearing and reporting such cases.
Appeals by an employee of discharge, demotion or suspension for a period exceeding 30 days shall be governed by the following procedure:
(a) The employee shall be given written notice of the disciplinary decision by the department head or designee. The employee may appeal the department head's or designee's decision to the personnel board by making a written request therefor within five calendar days of the effective date of discipline. An appeal shall not affect the effective date of discipline. The written notice must contain the following statement:
If you desire a hearing on this disciplinary action, you must file a written request for the hearing with the Personnel Board of the City of Chicago, Room 1100, City Hall, Chicago, Illinois. Your written request must be received by the personnel board within five calendar days of the effective date of discipline. Late requests will not be accepted.
(b) If the employee requests a hearing, a date therefor shall be set, not more than 45 days following receipt of the request for hearing by the personnel board. Either party may request a continuance for good cause shown, but the hearing must be completed within 60 calendar days of the initial hearing date, unless further delay is caused by the employee. The personnel board shall render a decision on the appeal not more than 60 calendar days after the close of the hearing. If the time limitations provided for herein are not met, the employee shall be entitled prospectively to the pay and benefits of the position held before the imposition of suspension or discharge, or in the case of a demotion the difference in pay between the former and current position, beginning with the first day after the failure to meet the time limit, pending decision of the personnel board, but the employee shall have no right to be reinstated except by order of the personnel board. The personnel board shall file a written report in all cases where a discharged, demoted or suspended employee becomes entitled to the pay and benefits of his or her former position prospectively by reason of failure to meet a time limit. The report shall be filed with the committee on finance and the city clerk within 21 days of the failure to meet a time limit, and shall contain the causes and circumstances of such failure. Nothing herein shall deprive the personnel board of jurisdiction to decide the merits of the disciplinary action.
(c) An employee whose discipline is not upheld shall receive full backpay for any period when he or she was off work, or serving in a lower position, less any lesser disciplinary action imposed by the board. Said employee shall be reinstated to his or her position or such lower position as determined by the board, upon notification of the board's decision, or following such lesser discipline as may be imposed by the board, as appropriate.
(Prior code § 25.1-6; Amend Coun. J. 11-10-87, p. 6042; Amend Coun. J. 12-7-05, p. 64870, § 1.6; Amend Coun. J. 11-8-12, p. 38872, § 10)