The procedure for initiating and completing disciplinary action shall be as follows:
(a) The Director of Public Safety shall have the sole right to bring charges against the chief of a division of the Department of Public Safety. Charges may be placed against any other member of the classified service of the Department of Public Safety by the Director of Public Safety, the chief of a division of the Department of Public Safety, or other officer acting on behalf of a chief in the Department of Public Safety. Charges may be placed against any other member of the classified service of the City by the head of the department or division in which such employee is employed. Charges may be placed against all other members of the classified service over which the Civil Service Commission has jurisdiction by such person or persons as provided by law. Such charges shall be in writing and shall be specific as to the nature of the charge. A copy of the written charges shall be delivered and served in person upon the person so charged whenever such personal service can be made in Cuyahoga County; otherwise service shall be made in conformance with the general law of Ohio.
(b) The Civil Service Commission shall conduct the hearing on charges specified in subsection (a) hereof directed against the chief of a division of the Department of Public Safety and in all other cases where the appointing authority brings the charge. The Mayor or designee shall conduct a hearing on charges specified in subsection (a) hereof against any other members of the classified service of the City. Hearings on charges shall be had within seven (7) days after the employee so charged has received notice of the charges. The hearing before the Mayor or designee shall be informal, but shall follow the following described procedure:
(1) A reading of the charge and a plea by the employee to such charge;
(2) The party bringing the charges or his representative shall briefly state the charges and produce evidence to support those charges;
(3) The employee charged shall present his defense to the charge, including evidentiary support of his defense; and
(4) Rebuttal evidence may be presented by the party making the charge.
The appointing authority shall then determine the guilt or innocence of the party so charged. Nothing herein stated shall require the appointing authority to hold a hearing if the employee so charged enters a plea of guilty to the charge. Upon a finding of guilt, the Mayor or designee shall assess the penalty, which may include termination of employment and removal from the service. In determining the penalty, the Mayor or designee shall consider the performance and record of such employee while a member of the classified service.
(c) The appointing authority may suspend, without pay, any member of the classified service of the Division of Police or any other employee of the classified service of the City, except of the Division of Fire, for not to exceed five (5) working days. The appointing authority may suspend any member of the classified service of the Division of Fire, without pay, for not to exceed two (2) tours of duty. In such cases of suspension, there shall be no appeal to the Civil Service Commission.
(d) Hearings on charges against members of the classified service over which the Civil Service Commission has jurisdiction, except employees of the classified service of the City, shall be held before such person or persons and according to such procedures as may be provided by law.
(A.O.; Ord. 153-2021. Passed 12-6-21.)