(a) The tenure of every officer or employee in the classified service of the City of Mentor shall be during good behavior and efficient service and no such officer or employee shall be reduced in pay or position, suspended, or removed, except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of Ohio R.C. 124.01 to 124.64, or the rules of the Commission, or any other failure of good behavior, or any other acts of misfeasance, malfeasance or nonfeasance in office, or for violation of any departmental rules and regulations or for violation of the Mentor City Charter.
(b) In any case of reduction, suspension for more than five working days, or removal, the appointing authority shall furnish each employee with a copy of the order of reduction, suspension or removal, which order shall state the reasons therefor. Such order shall be filed with the Commission.
(c) Within 10 days following the filing of such order, the employee may file an appeal, in writing, with the Commission. In the event such an appeal, is filed, the Commission shall forthwith notify the appointing authority, and 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 of the appointing authority.
(d) In cases of removal or reduction in pay for disciplinary reasons, either the appointing authority or the officer or employee may appeal from the decision of the Commission to the Court of Common Pleas in accordance with the procedure provided by Ohio R.C. 119.12.
(e) In the case of suspension, demotion, or removal of any member of the Police or Fire Department, an appeal on questions of law and fact may be had from the decision of the Commission to the Court of Common Pleas. Such appeal shall be taken within 10 days from the date of notice of the finding of the Commission.
(f) Disciplinary Suspension. An employee may be suspended for a period of not to exceed five working days for purposes of discipline without the right of appeal. Provided, however, that successive suspensions shall not be allowed.
(g) Absence without Leave. Absence from duty without leave for any time, or failure to report if leave has expired, shall be considered "neglect of duty" and cause for removal.
(h) Falsification in Application. Falsification of any statement in an application for examination shall be considered "dishonesty" and sufficient cause for removal.
(i) Procedure to Be Followed in Removals. The discharge of an employee by an appointing authority shall not become effective until such appointing authority shall have first:
(1) Served such employee a written order of removal, which order shall contain one or more statutory reasons for grounds for discharge, together with such specifications of facts as shall place him fairly upon his defense.
(2) Filed with the Commission a copy of such order of removal within the time allowed.
(j) Appeal. Any such employee so removed may appeal from the order of such appointing authority to the Commission within 10 days after the effective date of such removal as set forth in the order of removal.
(1969 Code 33.49)
(1969 Code 33.49)