2101.61 Suspension or Disciplinary Action--Police Deputy Chiefs.

   (a)   When disciplinary charges are to be filed against a Deputy Chief the Police Chief shall have the charges against the employee reduced to writing with two (2) copies of the charges to be served on the employee. Deputy Chiefs shall be served within ten (10) days of the occurrence or the Police Chief's knowledge thereof, or within twenty (20) days if extensive investigation is required. In the event of pending civil or criminal matters, the above time frames may be extended until the conclusion of such investigation.

   (b)   A hearing shall be held not less than seven (7) work days after the charges have been served on the employee. In the event the hearing cannot be held because of the absence of the employee or director or his/her designated representative(s) for any reason, then it shall be held not less than seven (7) nor more than fourteen (14) work days after the return of the employee, the director or his/her designated representative(s). The employee shall have the right to be represented at such hearing.

   (c)   The director shall hear the evidence in support of the charges and the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The director shall take whatever disciplinary action is merited based on the evidence he/she has heard.

   (d)   If the director has penalized an employee with more than a reprimand, then he/she shall forthwith, in writing, certify to the Director of Public Safety, the fact of such action. Within five (5) work days from the receipt of such certification, the Director of Public Safety shall proceed to inquire into the cause of the matter as provided in Section 143 of the Charter of the City of Toledo. The Director of Public Safety may conduct a hearing on the matter as provided in the Charter and the employee may be represented at such hearing.

   (e)   The Director of Public Safety shall render judgment in the matter and take action as he/she deems suitable as provided in the Charter. The decision of the Director of Public Safety shall be subject to appeal to the Civil Service Commission as provided in Section 144 of the Charter.

   (f)   The provisions of Section 2101.60 and 2101.61 are to be applied in a manner consistent with the salary basis test providing exemption from the overtime provisions of the Fair Labor Standards Act.

(Ord. 599-23. Passed 11-21-23.)