(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 Commissioners is sufficient to justify the offender to be an unsuitable and unfit person to be employed in the public service.
(C) Disciplinary action procedure.
(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 any citizen or taxpayer. This provision does not apply to persons still in their probationary period as provided in § 32.073.
(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 accusation to be delivered within 72 hours after the filing to the Police Chief, to the Mayor, 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.
(3) The Police Chief shall have the authority to immediately suspend, with pay, an employee against whom the written accusation has been filed, pending the confirmation of the suspension, or a decision of the Mayor to reinstate the employee, remove, demote, discharge, or suspend the employee, with or without pay.
(4) Prior to the decision of the Mayor to reinstate the employee or remove, demote, discharge, or suspend the employee, with or without pay, the Police 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 Chief’s 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 72 hours after the filing to the Police Chief, to the Mayor, 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. In the event that a Police Chief is being disciplined, the Mayor shall follow the same procedures as are followed by the Police Chief in disciplining employees under the Act. Upon completion of this procedure within a reasonable period of time, the Police Chief shall recommend in writing to the Mayor that the alleged misconduct, charges, or grounds set forth in the written accusation be deemed:
(a) To be without merit;
(b) To not warrant disciplinary actions;
(c) To warrant disciplinary action less severe than removal, demotion, discharge, or suspension, with or without pay, such as an oral or written reprimand; or
(d) To warrant removal, demotion, discharge, or suspension with or without pay.
(5) (a) Within 20 calendar days after receiving the written recommendation of the Police Chief, the Mayor shall decide to accept the recommendation of the Police Chief, or shall decide that the alleged misconduct, charges, or grounds for investigation against the employee set forth in the written accusation to 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) If a discharge is being recommended, Council approval shall be required. The Mayor shall file a copy of his or her decision within 25 calendar days after receiving the written recommendation of the Police Chief, with the Secretary of the Commission, who shall cause a copy of the decision to be filed within 72 hours after the filing to the Police 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 ten calendar days after receiving written notice of the Mayor’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 Mayor. The failure to file the request with the Secretary of the Commission within ten calendar days of receipt of notice of the action by the Mayor shall constitute a waiver of the employee’s right to review by the Civil Service Commission and the Mayor’s decision shall become final.
(7) Within ten calendar days of receipt of the employee’s notice of appeal, the Mayor shall cause to be mailed or delivered the following notice to the employee and the Secretary of the Civil Service Commission:
(a) A statement of the charge(s);
(b) The names of the witnesses who will be called on behalf of the Mayor and a general statement of the nature of their testimony; and
(c) Copies of the documents to be introduced.
(8) Within ten calendar days of 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 Mayor and the Commission:
(a) A response to the statement of the charge(s);
(b) The names of the 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 the investigation and public hearing by the City Attorney, if authorized by the Mayor. 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 Mayor 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 Mayor 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.
(10) The Commission shall schedule a public hearing no less than ten nor more than 20 calendar days from the date of filing of the employee’s demand for an investigation. The Commission shall notify the Mayor and employee in writing at least five calendar days prior to the date of the hearing, of the date, time, and place of hearing.
(11) The Mayor shall be permitted to appear in person and by counsel and to present his or her case. The Mayor 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 Mayor.
(12) The Commission may affirm the action taken by the Mayor 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 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 Mayor who shall enforce them.
(1972 Code, § 2-405) (Ord. 962, passed 7-16-2002)