(a) In the event that any employee of the City Safety Forces is charged with violation of vehicular manslaughter under Ohio R.C. 2903.07, Section 537.02 or another criminal traffic offense, the Law Director shall determine whether the charged employee was acting within the course and scope of his employment and whether the employee was grossly negligent in his conduct.
(b) Should the Law Director agree in writing that a formal hearing is not necessary for the reason that the facts are so clear that there is no question that the charged employee was acting within the course and scope of his employment and was not grossly negligent, then the Law Director shall be authorized to represent the charged employee. If the charged employee is not satisfied with the Law Director, the employee may, in lieu thereof, or in addition thereto, retain his own attorney, in which case the City shall not be responsible for the payment of any supplemental legal expenses, unless Council, by ordinance, so declares.
(c) Should the Law Director request a hearing, Council shall appoint three arbitrators to determine the question as to whether the charged employee was acting within the course and scope of his employment or whether the charged employee's conduct was grossly negligent. The arbitrators may be members of Council.
(d) A hearing shall be held by the arbitrators within ten days of the acceptance of their appointment. At the hearing, the charged employee may present any evidence or witnesses on his behalf. Any evidence offered at the aforementioned hearing or findings of the arbitration panel shall have no probative value in any civil or criminal proceedings. The arbitrators shall determine whether or not the charged employee was acting in a grossly negligent manner. All determinations concerning these matters shall be in the sole and exclusive judgment of the arbitrators and their rulings shall be final and confidential.
(e) After the hearing held by the arbitrators, if two of the three arbitrators concur that the charged employee was acting within the course and scope of his employment and that the employee was not grossly negligent, then the Law Director shall be authorized to represent the charged employee. If the charged employee is not satisfied with the attorney chosen by Council, he may retain his own attorney, in which case the City shall not be responsible for the payment of any legal expenses.
(1979 Code 73.11)
(1979 Code 73.11)