(A) Tenure of employment. The tenure of a person holding a position of employment under the Civil Service Act shall be only during good behavior.
(B) Causes for disciplinary action. Any such person may be removed or discharged, suspended with or without pay, demoted, reduced in rank or deprived of vacation, benefits, compensation or other privileges, except pension benefits, for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, prejudicial conduct, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, any act of omission or Commission tending to injure the public service, any willful failure on the part of the employee to properly conduct himself or herself, or any willful violation of the Civil Service Act or the rules and regulations adopted pursuant to the Act;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Drunkenness or the use of intoxicating liquors, narcotics or any other habit-forming drug, liquid or preparation to such an extent that the use interferes with the efficiency or mental or physical fitness of the employee or precludes the employee from properly performing the functions and duties of his or her position;
(5) Conviction of a felony or misdemeanor tending to injure the employee’s ability to effectively perform the duties of his or her position; or
(6) Any other act or failure to act which, in the judgment of the Civil Service Commission, is sufficient to justify the offender to be an unsuitable and unfit person to be employed in the public service.
(C) Procedure. The disciplinary action procedure set out in this division shall apply to all civil service employees, except that, in the case of the Fire Chief and Police Chief, the Mayor, by and with the consent of a majority of the Council, shall make the decision concerning removal, suspension, demotion or discharge; provided that, the same procedure shall be followed, including notices and time limitations.
(1) 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 Chief or Fire Chief, the City Administrator or any citizen or taxpayer.
(2) 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 within 3 working days after the filing to the Police Chief or Fire Chief, to the City Administrator, and to the employee personally or by certified mail addressed to the employee at the residence address of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed and filed in the secretary’s office.
(3) The Police Chief or Fire Chief shall have the authority to immediately suspend, with pay, an employee against whom such written accusation has been filed, pending the confirmation of the suspension or a decision of the City Administrator to reinstate the employee or remove, demote, discharge or suspend the employee, with or without pay. In the case of the Police Chief or Fire Chief, the City Administrator shall have the authority to immediately suspend, with pay, the Police Chief or Fire Chief against whom a written accusation has been filed, pending the confirmation of the suspension or a decision of the Mayor and Council to reinstate the Chief or remove, demote, discharge or suspend the Chief, with or without pay.
(4) (a) Prior to the decision of the City Administrator to reinstate the employee or remove, demote, discharge or suspend the employee, with or without pay, the Police Chief or Fire Chief shall, 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 Chiefs’ investigation reveals other misconduct, charges or grounds, the Chief shall amend the written accusation to include the other misconduct, charges or grounds by filing an amendment to the written accusation with the Secretary of the Commission, who shall cause a copy of the amended accusation to be delivered within 3 working days, excluding Saturdays, Sundays and holidays, after the filing to the Police Chief or Fire Chief, to the City Administrator, and to the employee personally or by certified mail addressed to the employee at the residence address of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing the delivery or mailing to be executed and filed in the Secretary’s office. If the Police Chief or Fire Chief is being disciplined, the City Administrator shall follow the same procedures as are followed by the Police Chief or Fire Chief in disciplining employees under this section. Upon completion of this procedure within a reasonable period of time, the Police Chief or Fire Chief shall recommend in writing to the City Administrator 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.
(b) In the case of an accusation made against the Police Chief or Fire Chief, it shall be the duty of the City Administrator to investigate the allegations and perform those tasks and duties otherwise assigned to the Chief in the case of other civil service employees, and it shall be the duty of the City Administrator to perform the tasks and duties otherwise placed with the Chiefs as provided in division (C) of this section in the case of disciplinary actions against the Chiefs. Concerning all duties and tasks assigned the City Administrator in division (C) of this section, the duties and tasks shall be the duty and responsibility of the Mayor and Council in disciplinary actions against the Police Chief and Fire Chief.
(5) (a) Within ten calendar days after receiving the written recommendation of the Police Chief or Fire Chief, the City Administrator shall decide to accept the recommendation of the Police Chief 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.
(b) The City Administrator shall file a copy of his or her decision within 10 calendar days after receiving the written recommendation of the Police Chief or Fire Chief, with the Secretary of the Civil Service Commission, who shall cause a copy of the decision to be delivered within 3 working days, excluding Saturdays, Sundays and holidays, after the filing to the Police Chief or Fire Chief, and to the employee, personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing the delivery or mailing to be executed and filed in the Secretary’s office.
(6) Any employee so removed, suspended, demoted or discharged may, within 10 calendar days after receiving written notice of the City Administrator’s decision, or in the case of the Police Chief or Fire Chief, notice from the Mayor and Council, 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 Administrator. The failure to file the a request with the Secretary of the Commission within 10 calendar days of receipt of notice of the action by the City Administrator shall constitute a waiver of the employee’s right to review by the Civil Service Commission and the City Administrator’s decision shall become final.
(7) Within 10 calendar days after receipt of the employee’s notice of appeal, the City Administrator shall cause to be mailed or delivered following notice to the employee and the Secretary of the Civil Service Commission a notice containing:
(a) A statement of the charges;
(b) The names of the witnesses who will be called on behalf of the city and a general statement of the nature of their testimony; and
(c) Copies of the documents to be introduced.
(8) Within 10 calendar days after the filing of the written demand for an investigation and public hearing by the Commission, the employee shall mail or deliver copies of the following to both the City Administrator and the Commission:
(a) A response to the statement of the charges;
(b) The names of witnesses who will be called on behalf of the employee and a general statement of the nature of their testimony; and
(c) Copies of the documents to be introduced.
(9) Upon receipt of a written demand, the Commission shall conduct an investigation. The Commission may be represented in such investigation and public hearing by the City Attorney if authorized by the City Administrator. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by the Commission for the investigation and hearing. The investigation shall consist solely of a review of the written submissions of the City Administrator 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 Administrator acted in good faith for cause. For purposes of this division,
GOOD FAITH for cause shall mean that the action was not arbitrary or capricious and was not made for political or religious reasons.
(10) The Commission shall schedule a public hearing not less than 10 and not more than 20 calendar days from the date of filing of the employee’s written demand for an investigation. The Commission shall notify the City Administrator and employee in writing, at least 10 calendar days prior to the date of the hearing, of the date, time and place of hearing.
(11) The City Administrator shall be permitted to appear in person and by counsel and to present his or her case. The City Administrator 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 Administrator.
(12) The Commission may affirm the action taken by the City Administrator, 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.
(13) 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 subsequent restoration to duty or demotion in position or pay. No later than 10 calendar days after the hearing, the Commission shall certify its findings in writing to the employee, and to the City Administrator, who shall enforce them.
(Prior Code, § 40-95)