(A) No employee in the Civil Service who shall have been permanently appointed or inducted into Civil Service shall be removed, suspended, demoted, or discharged, except for cause, and then only upon the written accusation of the Police or Fire Chief, City Manager or any citizen or taxpayer.
(B) (1) The written accusation shall set forth the alleged misconduct, charges, or grounds for investigation against the employee. The written accusation shall be filed by the complainant with the Secretary of the Commission who shall cause a copy of the written accusation to be delivered promptly after the filing:
(a) To the Police or Fire Chief;
(b) To the City Manager; and
(c) To the employee personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records.
(2) The Secretary of the Commission shall cause a return showing the delivery or mailing to be executed and filed in the Secretary's office.
(C) The Police or Fire Chief shall have the authority to immediately suspend, with pay, an employee against whom a written accusation has been filed, pending the confirmation of the suspension, or a decision of the City Manager to reinstate the employee, remove, demote, discharge, or suspend the employee with or without pay. In the case of an accusation against the Police or Fire Chief, the City Manager shall have the authority to immediately suspend, with pay, until the investigation provided for by this section is completed and pending the final decision of the City Manager.
(D) (1) Prior to the decision of the City Manager to reinstate the employee or remove, demote, discharge, or suspend the employee, with or without pay, the Police or Fire Chief shall, if not already completed, within a reasonable period of time investigate the alleged misconduct, charges, or grounds against the employee and explain the basis of the employer's evidence to the employee and provide the employee an opportunity to present his or her version of the circumstances which resulted in the filing of the written accusation. If the Chief's investigation reveals other misconduct, charges, or grounds against the employee, the additionally discovered alleged misconduct, charges, or grounds may be considered by filing an amendment to the written accusation with the Secretary of the Commission who shall cause a copy of such amended accusation to be delivered promptly after the filing:
(a) To the Police or Fire Chief;
(b) To the City Manager; and
(c) To the employee personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records.
(2) The Secretary of the Commission shall cause a return showing the delivery or mailing to be executed and filed in the Secretary's office.
(E) In the event of a written complaint against the Police or Fire Chief, the City Manager shall promptly appoint a special investigator to investigate the alleged misconduct, charges, or grounds and, in the place of the Police or Fire Chief, file the recommendation of the City Manager as required herein. All of the other procedures under the Act shall apply to discipline proceedings involving the Police or Fire Chief. Upon completion of this procedure within a reasonable period of time, the Police or Fire Chief shall recommend in writing to the City Manager that the alleged misconduct, charges, or grounds set forth in the written accusation be deemed:
(1) To be without merit;
(2) To not warrant disciplinary action;
(3) To warrant disciplinary action less severe than removal, demotion, discharge, or suspension, with or without pay, such as an oral or written reprimand; or
(4) To warrant removal, demotion, discharge, or suspension, with or without pay.
(F) Within seven calendar days after receiving the written recommendation of the Police or Fire Chief, the City Manager shall decide to accept the recommendation of the Police or Fire Chief, or shall decide that the alleged misconduct, charges, or grounds for investigation against the employee set forth in the written accusation be deemed:
(1) To be without merit;
(2) To not warrant disciplinary action;
(3) To warrant disciplinary action less severe than removal, demotion, discharge, or suspension, with or without pay, such as an oral or written reprimand; or
(4) To warrant removal, demotion, discharge or suspension, with or without pay.
(G) The City Manager shall file a copy of his or her decision within seven calendar days after receiving the written recommendation of the Police or Fire Chief, with the Secretary of the Commission who shall cause a copy of such decision to be filed promptly after the filing:
(1) To the Police or Fire Chief; and
(2) To the employee, personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records.
(H) The Secretary of the Commission shall cause a return showing the delivery or mailing to be executed and filed in the Secretary's office.
(I) Any employee so removed, suspended, demoted or discharged may, within ten calendar days after receiving written notice of the City Manager's decision, file a written demand for an investigation and public hearing by the Civil Service Commission. The employee shall file the request for the hearing with the Secretary of the Commission and simultaneously send a copy of the request to the City Manager. The failure to file such a request with the Secretary of the Commission within ten calendar days of receipt of notice of the action by the City Manager shall constitute a waiver of the employee's right to review by the Civil Service Commission and the City Manager's decision shall become final.
(J) Within three calendar days of receipt of the employee's notice of appeal, the City Manager shall cause to be mailed or delivered the following notice to the employee and Secretary of the Civil Service Commission:
(1) A statement of the charge(s);
(2) The names of the witnesses who will be called on behalf of the City Manager and a general statement of the nature of their testimony; and
(3) Copies of the documents to be introduced.
(K) Within seven calendar days after the filing of the written demand for an investigation and public hearing by the Commission, the employee shall mail or deliver the following upon the City Manager and the Commission;
(1) A response to the statement of the charge(s);
(2) The names of witnesses who will be called on behalf of the employee and a general statement of the nature of their testimony; and
(3) Copies of the documents to be introduced.
(L) Upon receipt of a written demand, the Commission shall conduct an investigation. The Commission may be represented in the investigation and public hearing by the City Attorney if authorized by the City Manager. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by the Commission for any such investigation and hearing. The investigation shall consist solely of a review of the written submissions of the City Manager and employee to determine whether any individuals or documents should be subpoenaed by the Commission for the subsequent public hearing before the Commission ultimately to determine whether the City Manager acted in good faith for cause.
GOOD FAITH FOR CAUSE shall mean that the action was not arbitrary or capricious and was not made for political or religious reasons.
(M) The Commission shall schedule a public hearing no less than ten nor more than twenty calendar days from the date of filing of the employee's written demand for an investigation. The Commission shall notify the City Manager and employee in writing at least two calendar days prior to the date of the hearing, of the date, time and place of hearing.
(N) The City Manager shall be permitted to appear in person and by counsel and to present his or her case. The City Manager may present evidence by testimony and documents and shall be permitted to cross-examine the employee's witnesses. At the hearing, the employee shall be permitted to appear in person and by counsel and to present his or her defense. The employee may present evidence by testimony and documents and shall be permitted to cross-examine the witnesses called by the City Manager.
(O) The Commission may affirm the action taken by the City Manager if the action is supported by a preponderance of the evidence. If the Commission finds that the removal, suspension, demotion, or discharge was made for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or reemployment of the employee in the position or employment from which the employee was removed, suspended, demoted, or discharged, which reinstatement shall, if the Commission in its discretion so provides, be retroactive and entitle the person to compensation and restoration of benefits and privileges from the time of the removal, suspension, demotion, or discharge.
(P) After the hearing, in lieu of affirming the removal, suspension, demotion, or discharge, the Commission may modify the order of removal, suspension, demotion, or discharge by directing a suspension, with or without pay, for a given period and the subsequent restoration to duty or demotion in position or pay. No later than ten calendar days after the hearing, the Commission shall certify its findings in writing to the employee and the City Manager who shall enforce them.
(Prior Code, § 12-305) (Ord. 1800, passed 4-7-1986)