(A) Probationary corrections officers.
(1) A corrections officer with less than one year of service in the Corrections Division is on probationary status.
(2) The Sheriff has the following disciplinary powers concerning a probationary corrections officer without the fling of formal charges and the conduct of a public hearing before the Board.
(a) The Sheriff may discharge a probationary officer for cause.
(b) The Sheriff may suspend a probationary officer for cause for up to 15 days without pay after preferring and delivering the charges in writing to the corrections officer.
(c) The Sheriff may orally reprimand a probationary corrections officer or may formally reprimand the officer by delivering a copy of a written reprimand to the corrections officer. Reports of the oral/formal reprimand shall be included in the officer's personnel file.
(B) Non-probationary corrections officers.
(1) A corrections officer with one year or more of service in the Corrections Division is a non-probationary corrections officer and granted permanent status.
(2) The Sheriff has the following disciplinary powers concerning a non-probationary corrections officer, without the filing of normal charges and the conduct of a public hearing before the Board.
(a) The Sheriff may suspend the non-probationary corrections officer for cause, up to 15 days, without pay, after preferring and delivering such charges, in writing, to the corrections officer.
(b) The Sheriff may orally reprimand a non-probationary corrections officer, or may formally reprimand the officer by delivering a copy of the written reprimand by the corrections officer.
(c) The Sheriff may suspend a non-probationary corrections officer, for cause, for more than 15 days, without pay, or terminate the officer, after preferring and delivering charges, in writing, to the corrections officer, obtaining the consent of the officer's waiver of a hearing before the Board. The Board shall have the authority to accept or reject the waiver. Should the Board reject the waiver, any such disciplinary action shall be taken in accordance with these rules and after a decision by the Board.
(d) The Sheriff, with the approval of the Corrections Merit Board, may revert the non-probationary corrections officer back to probationary status, for up to six months, for cause, after preferring and delivering the charges, in writing, to the corrections officer's consent, in writing, to accept the status. The consent will also be made before the Board by the corrections officer, in person.
(e) Divisions (B)(2)(a) and (B)(2)(d) are mutually exclusive.
(C) Dismissal, demotion and suspensions. A county corrections officer may not be dismissed, demoted, or temporarily suspended because of political affiliation nor after his or her probationary period, except as provided in this section. In addition, an officer may be a candidate for elective office. However, when an officer is in uniform or on duty, he or she may not solicit votes or campaign funds for himself or herself or others.
(D) Dismissal, demotion and suspension after charges and public hearing.
(1) Dismissal, public hearing, notice, representation and findings of fact. The Sheriff may dismiss, demote, or temporarily suspend a county corrections officer for cause after preferring charges in writing and after a fair public hearing before the Board, which is reviewable in the circuit court. A notice of the charges and hearing must be delivered by certified mail to the officer to be disciplined. The officer may be represented by counsel. The Board shall make specific findings of fact in writing to support its decision.
(2) Relief from duties. When formal charges are pending with the Merit Board, the Sheriff may, without the approval of the Board relieve the corrections officer from active duty with the Department pending the hearing, before any decision by the Board. This action may be taken when retention of the corrections officer on active duty, would "not be in the best interests of the Department", based upon the nature of the violation in question.
(a) With pay. When a corrections officer is relieved from active duty by the Sheriff under this section, the corrections officer shall receive his or her pay and benefits as if on active duty with the Department.
(b) Without pay/upon conviction of felony. When a corrections officer is relieved from active duty by the Sheriff, under this section, and has been convicted of a felony by a court of competent jurisdiction, the corrections officer shall be relieved of duty and/or suspended, without pay and benefits, effective the date of the conviction.
(c) Without pay/pending criminal felony charges. When a corrections officer is relieved from active duty, by the Sheriff, under this section, for the reason that the Corrections Officer has been charged with the commission of a felony, then, and in that event, the corrections officer may be relieved of duty and/or suspended, without pay and benefits, effective the date of the filing of the criminal information or indictment, or at any date subsequent, thereto, as determined by the Sheriff with approval of the Merit Board at its next meeting.
(E) Appeal under division (D). An appeal under division (D) must be taken by filing in court, within 30 days after the date the decision is rendered, a certified complaint stating in concise manner, the general nature of the charges against the officer, the decision of the Board, and a demand for the relief asserted by the officer. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs only if the court finds that the Board's decision should be affirmed. The bond must be approved as bonds for costs are approved in other cases. The county must be named as the sole defendant and the Plaintiff shall have a summons issued as in other cases against the county. Neither the Board nor the members of it may be made parties defendant to the complaint, but all are bound by service upon the county and the judgment rendered by the Court.
(F) All appeals tried by the court. All appeals shall be tried by the court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the Board was made. Within ten days after the service of summons, the Board shall file in court a complete written transcript of all papers, entries, and other parts of the record relating to the particular case. Inspection of these documents by the person affected, or by the person's agent, must be permitted by the Board before the appeal is filed, if requested. The court shall review the record and decision of the Board on appeal.
(G) Court to make specific findings. The court shall make specific findings and state the conclusions of law upon which its decision is made. If the court finds that the decision of the Board appealed from should in all things be affirmed, its judgment should so state. The court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the court's decision on it. The court shall either:
(1) Reverse the decision of the Board; or
(2) Order the decision of the Board to be modified.
(H) Final judgement may be appealed. The final judgment of the court may be appealed by either party. Upon the final disposition of the appeal by the courts, the Clerk shall certify and file a copy of the final judgment of the court to the Board, which shall conform its decisions and records to the order and judgment of the court. If the decision is reversed or modified, then the county shall pay to the party entitled to it, any salary or wages withheld from the party pending the appeal and to which he or she is entitled under the judgment of the court.
(I) Change of venue. Either party shall be allowed a change of venue from the court of a change of judge in the same manner as such changes are allowed in civil cases. The rules of trial procedure govern in all matters of procedure upon the appeal that are not otherwise provided for by this section.
(J) Appeal takes precedence over pending litigation. An appeal takes precedence over other pending litigation and shall be tried and determined by the court as soon as practical.
(Prior Code, § 34.35) (Ord. 1015C, passed 11-12-1985; Ord. 1015C-1, passed 2-14-1989; Ord. 1332C, passed 4-13-2010; Ord. 1322C-1, passed 8-10-2010)