(A) The tenure of every employee in the classified service shall be during good behavior and efficient service and no such 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 the rules and procedures adopted by the city or the department in question, any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office.
(B) If a department head, or acting department head, determines that an employee should be suspended for any of the reasons as set forth above, the department head shall file a written report with the City Manager setting forth facts to support such disciplinary action and the recommended disciplinary suspension or dismissal. A copy of the report shall be presented to the employee and thereafter a pre-disciplinary conference shall be conducted by the City Manager, or his designee, within a reasonable period of time to give the employee an opportunity to explain the alleged misconduct to determine whether and what disciplinary action shall be taken.
(C) At any time during the disciplinary process, the employee may waive, in writing, the opportunity for a pre-disciplinary conference. The employee may accept the form and severity of the disciplinary action proposal without further appeal or the employee may allow the City Manager to issue a decision based upon the report submitted from which the employee may file an appeal as provided herein.
(D) After such pre-disciplinary conference, the City Manager may dismiss the charges or implement such appropriate disciplinary action as he or she may determine. A written report setting forth the recommended disciplinary action and the reasons therefore shall be filed with the Commission and a copy presented to the employee. Any disciplinary action resulting in a suspension of greater than three days, a demotion or dismissal may be appealed to the Commission within 10 calendar days following the receipt of the written disciplinary decision by the City Manager. To perfect the appeal, the employee shall file a written appeal with the Commission within 10 calendar days from receipt of the disciplinary order. In the event such an appeal is filed, the Commission shall hear, or appoint a Trial Board to hear, such appeal within 30 calendar days from and after its filing with the Commission. The Commission or Trial Board may affirm, disaffirm or modify the judgment of the City Manager. Written notice shall be given to the appellant/employee and to the City Manager of the time and place of hearing of the appeal, which hearing shall be open to the public.
(E) Appeal proceedings. The Commission or Trial Board shall hear evidence upon the charge and specifications as filed with the City Manager by the department head. No material amendments of, or additions to said charges or specifications will be considered by the Commission or Trial Board after the charges are filed by the City Manager.
(1) Order of proof. The order of proof shall be as follows: The City Manager shall present his or her evidence in support of the charges. The appellant shall then produce such evidence as he or she may wish to offer in defense of the charges. The parties in interest may then offer rebuttal evidence. Each party shall then be given an opportunity to make final arguments to the Commission or Trial Board, which the Commission or Trial Board, in their sole discretion, may request to be submitted in writing rather than argued orally before the Commission or Trial Board.
(2) Evidence and counsel. The admission of evidence shall be governed by the Ohio Rules of Evidence. The Commission shall have the power to administer oaths and to issue subpoenas to require the attendance of witnesses and the production of relevant documents. The City Manager may be represented by the City Law Director or other legal counsel. The appellant also may be represented by legal counsel of his or her own choosing at the employee's own expense. After reviewing the evidence and the arguments by both parties, the Commission or Trial Board shall render its judgment affirming, disaffirming or modifying the disciplinary decision of the City Manager. Thereafter, the decision by the Commission or Trial Board may be appealed as permissible under Ohio law.
(3) Failure of parties to appear. If the disciplined employee shall fail to appear at the time fixed for the hearing, the Commission or Trial Board shall hear the evidence available and render judgment thereon. If the City Manager shall fail to appear at the time fixed for the hearing and if no evidence shall be offered in support of his or her disciplinary decision, the Commission or Trial Board may render judgment as by default or may hear evidence offered by the disciplined employee and render judgment thereon.
(F) Resignation before decision. The disciplined employee may submit a resignation to the City Manager before final action by the Commission or Trial Board. Such resignation shall be considered a withdrawal of the charges and a separation from service by the disciplined employee. It shall then be recorded as a resignation on the records of the Commission and the proceedings shall be dismissed without judgment.
(G) Compensation when appeal is sustained. Whenever the dismissal, demotion or suspension of an employee is disapproved by the Commission or Trial Board, and a reinstatement ordered, the employee involved may, as determined by the Commission or Trial Board, receive the pay he or she has lost because of such dismissal, demotion or suspension. The Commission or Trial Board shall make a specific finding concerning reinstatement, back pay and benefits as may be appropriate in the final determination of the case.
(H) 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 with the city for two years following the date of separation from service, and his or her name shall be removed from all eligible lists, unless, in the judgment of the Commission, the cause of his or her dismissal, or resignation under charges, will not affect the possibility of his or her usefulness in some other type of employment with the city.
(I) Demotions for physical incapacity. When an employee becomes physically disabled or otherwise incapacitated from the performance of the duties of his or her position, the employee, with the consent of the City Manager, may request that he or she be reclassified or transferred to a vacant position which will accommodate his or her physical needs including reclassification or transfer to a position carrying a lower compensation. The circumstances regarding such a change in classification shall be reported to the Commission and the reclassification shall not become effective until approved by the Commission. Such voluntary demotion to accommodate the physical needs of an employee shall not be considered as a disciplinary demotion and no right of appeal shall exist to the Commission as set forth herein.
(Ord. 12-1972, passed 7-20-72; Am. Ord. 22-1999, passed 9-29-99; Am. Ord. 12-2002, passed 10-2-02)