(A) Pre-disciplinary meeting.
(1) Prior to a reduction in pay or position, fine in excess of five days' pay, suspension of more than three days, or removal of a classified employee, the appointing authority shall hold a pre-disciplinary meeting to address the allegations of misconduct. The classified employee shall be given advance notice of the meeting and may request a short extension of time. No pre-disciplinary meeting will be delayed more than 24 hours to enable the employee's representative to attend.
(2) At the meeting, the employee shall have the opportunity to respond to the disciplinary charges. The employee may: appear at the meeting to present an oral or written statement in response to the charges; appear at the meeting and have his or her chosen representative present an oral or written statement in response to the charges; or, elect to waive his or her opportunity to have a pre-disciplinary meeting. The employee does not have the right to call or cross-examine witnesses.
(B) Discipline - general.
(1) The tenure of every employee in the classified service of the city shall be during good behavior and efficient service and no employee shall be reduced in pay or position, fined in excess of five days' pay, suspended for more than three days, or removed except as provided in Ohio R.C. 124.32, and for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of the rules of the Commission, or any other failure of good behavior, or any other acts of misfeasance, malfeasance or nonfeasance in office, or conviction of a felony. The city may require an employee who is suspended to report to work to serve the suspension. An employee serving a suspension in this manner shall continue to be compensated at the employee's regular rate of pay for hours worked. Such disciplinary action shall be recorded in the employee's personnel file in the same manner as other disciplinary actions and has the same effect as a suspension without pay for the purpose of recording disciplinary actions. A finding by the appropriate Ethics Commission, based upon a preponderance of the evidence, that the facts alleged in a complaint under Ohio R.C. 102.06 constitute a violation of Ohio R.C. Chapter 102. Ohio R.C. 2921.42 or 2921.43 may constitute grounds for dismissal. Failure to file a statement or falsely filing a statement required by Ohio R.C. 102.02 may also constitute grounds for dismissal.
(2) Conviction of a felony is a separate basis for reducing in pay or position, suspending, or removing an officer or employee even if the officer or employee has already been reduced in pay or position, suspended, or removed for the same conduct that is the basis of the felony. An officer or employee may not appeal to the Commission any disciplinary action taken by the City as a result of the of the officer's or employee's conviction of a felony. If an officer or employee removed under this section is reinstated as a result of an appeal of the removal, any conviction of a felony that occurs during the pendency of the appeal is a basis for further disciplinary action upon the officer's or employee's reinstatement.
(3) A person convicted of a felony immediately forfeits the person's status as a classified employee in any public employment on and after the date of conviction for the felony. If an officer or employee is removed as a result of being convicted of a felony or is subsequently convicted of a felony that involves the same conduct that was the basis for the removal, the office or employee is barred from receiving any compensation after the removal notwithstanding any modification or disaffirmance of the removal, unless the conviction for the felony is subsequently reversed or annulled.
(4) Any person removed for conviction of a felony is entitled to a cash payment for any accrued but unused sick, personal, and vacation leave as authorized by these rules.
(5) As used in this rule, felony means any of the following:
(a) A felony that is an offense of violence as defined in Ohio R.C. 2901.01;
(b) A felony that is a felony drug abuse offense as defined in Ohio R.C. 2925.01;
(c) A felony under the laws of this or any other state or the United States that is a crime of moral turpitude;
(d) A felony involving dishonesty, fraud or theft;
(e) A felony that is a violation of Ohio R.C. 2921.05, 2921.32, or 2921.42.
(6) In any case of a reduction, suspension for more than three working days, or fine in excess of three days' pay, or a removal, the appointing authority shall furnish such employee with a copy of the order of reduction, fine, suspension or removal, which order shall state the reasons therefore. The order shall be filed with the Commission.
(7) Within ten days following the date on which such order is served, the employee may file an appeal, in writing, with the Commission. For purposes of this rule, the date on which an order is served is the date of hand delivery of the order or the date of delivery of the order by certified United States mail, whichever occurs first. In the event an appeal is filed, the Commission shall forthwith notify the appointing authority, and shall hear, or appoint a trial board to hear, the appeal within thirty days from and after its filing with the Commission. The Commission may affirm, disaffirm, or modify the judgment of the appointing authority.
(8) In cases of removal or reduction in pay for disciplinary reasons, either the appointing authority or the officer employee may appeal from the decision of the Commission to the Court of Common Pleas of the County in which the employee resides in accordance with the procedure provided by Ohio R.C. 119.12.
(C) Chiefs of Police and Fire Departments.
(1) The Mayor has the exclusive right to suspend the Chief of the Police Department or the Chief of the Fire Department for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given him or her by the proper authority, or for any other reasonable and just cause. If either the Chief of Police or the Chief of the Fire Department is so suspended, the Mayor forthwith shall certify such fact, together with the cause of suspension, to the Commission, which within five days from the date of receipt of the notice shall proceed to hear such charges and render judgment thereon, which judgment may affirm, disaffirm, or modify the judgment of the Mayor. An appeal may be had from the decision of the Commission to the Court of Common Pleas as provided in the Ohio Revised Code to determine the sufficiency of the cause of removal.
(2) In the case of suspension for any period of time, or a fine, demotion, or removal of a Chief of Police or a Chief of a Fire Department or any member of the Police or Fire Department, the appointing authority shall furnish such Chief or member with a copy of the order of suspension, demotion, or removal, which order shall state the reasons therefore. Such order shall be filed with the Commission. Within ten days following the filing of such order, such Chief or member of the department may file an appeal, in writing, with the Commission. If 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. An appeal may be had from the decision of the Commission to the Court of Common Pleas in the county in which the city is situated. Such appeal shall be taken within 30 days from the finding of the Commission.
(D) Disciplinary suspension. An employee may be suspended for a period not to exceed three working days for purposes of discipline without a pre-disciplinary meeting and without the right of appeal, except in the case of a Police Chief, Fire Chief or member of the Police or Fire Departments as described above.
(E) Falsification in application. Falsification of any statement in an application for examination shall be considered "dishonesty" and sufficient cause for discipline including removal.
(Ord. 2001-03, passed 1-16-01)