(a) Notice. The dismissal of a permanent non-bargaining employee, for other than failure to qualify during the probationary period, shall not become effective until the appointing authority shall have first served upon such employee a written notice of dismissal which shall contain one or more statutory reasons or grounds for discharge, together with such specifications and facts as will enable the employee to be placed fairly upon their defense. A copy of the notice of dismissal shall be filed with the Commission.
(b) Grounds for Dismissal. Any employee may be dismissed when proved guilty of an act set forth in Ohio R.C. 124.34; or the employee may be dismissed in consequence of an accumulation of acts of lesser consequence, pointing to the desirability of his/her removal.
(1) The failure of an employee to pay or adjust his/her private financial obligations, after being given an opportunity to do so by cooperation with the proper authorities, shall constitute a failure of good behavior for which the employee may be dismissed.
(2) An employee who is absent from duty without permission is guilty of neglect of duty or insubordination and may be dismissed.
(3) Absence from duty by an employee for three consecutive working days without an explanation within that period, or his failure to return from leave of absence after the leave has expired or been revoked, shall in each case be deemed a resignation. If, within ten days after the last day of actual work, the employee shall furnish to the appointing authority a satisfactory explanation of his/her absence, the entry of this resignation may, on recommendation of the appointing authority and with the approval of the Commission, be set aside.
(c) Appeal to the Commission. Within ten days following the receipt of an order of dismissal, demotion, or suspension in excess of three days, the employee may file an appeal, in writing, with the Commission. In the event such an appeal is filed, the Commission shall hear, or appoint a trial board to hear, such appeal within 30 days from and after its filing with the Commission, and it may affirm, disaffirm, or modify the judgment, including the type or quantity of the disciplinary action of the appointing authority. Written notice shall be given to the appointing authority of the time and place of hearing of the appeal, which hearing shall be open to the public.
(d) Appeal Proceedings. The Commission shall hear the evidence upon the charge and specifications as filed with it by the appointing authority. No material amendments of, or additions to the charges or specifications will be considered by the Commission. The proceedings shall be as informal as is compatible with the requirement of justice.
(1) Order of proof. The order of proof shall be as follows: The appointing authority shall present their evidence in support of the charges. The appellant shall then produce such evidence as he/she may wish to offer in his/her defense. The parties in interest may then offer rebuttal evidence. The Commission in its discretion may hear arguments.
(2) Evidence and counsel. The admission of the evidence shall be governed by the rules applied by the state courts in civil cases. Both parties shall have the right to cross-examination. The Commission shall have the power to subpoena and require the attendance of witnesses and the production of pertinent documents, and to administer oaths. The appointing authority may be represented by the Director of Law or other legal counsel. The appellant may also be represented by legal counsel, and the Commission shall, within 30 days of the hearing, render its judgment affirming, disaffirming, or modifying the action of the appointing authority.
(3) Failure of parties to appear. If the employee removed fails to appear at the time fixed for the hearing, the Commission shall hear the evidence and render judgment as by default or may hear evidence offered by the removed employee and render judgment thereon, and the Commission shall forthwith notify the appointing authority and the removed employee of its judgment.
(e) Resignation before Decision. The acceptance by an appointing officer of the resignation of a person discharged before final action on the part of the Commission will be considered a withdrawal of the charges and the separation of the employee concerned shall be dismissed without judgment.
(f) Compensation When Appeal is Sustained. Whenever the dismissal, demotion or suspension of an employee is disapproved by the Commission and a reinstatement ordered, the employee involved may, as determined by the Commission, receive the pay he or she lost because of such dismissal, demotion or suspension.
(g) Disqualification for Reappointment. Any employee who is dismissed for misconduct or delinquency or who resigns while not in good standing shall be disqualified from taking any civil service examination thereafter, and the name of said person shall be removed from all eligibility lists, unless, in the judgment of the Commission, the cause of the dismissal or resignation under charges will not affect the possibility of his the employee's usefulness in some other type of employment.
(Ord. 1-17. Passed 1-17-17.)