2109.22 Personal Service Records.

   Any Command Officer shall be permitted to review his/her Personal Service Records, and shall receive, at his/her request, a copy of all additions thereto. The Personal Service Record of a Command Officer is to be cleared of any offenses by the following schedule:

   (a)   All reprimands shall be removed from the record after two (2) years from the date of the reprimand provided no further disciplinary action has occurred during that time. If further discipline has occurred, the reprimand will be held in the Personal Service Record for an additional time period not to exceed six (6) months beyond the original two (2) year time period.

   (b)   All suspensions of less than thirty (30) days shall be removed from the Personal Service Record after three (3) years from the date of the suspension provided no further disciplinary action has occurred during that time. If further discipline has occurred, the suspension will be held in the Personal Service Record for an additional time period not to exceed six (6) months beyond the original three (3) year time period.

   (c)   Any suspension of thirty (30) days or more shall be removed from the Personal Service Record after five (5) years from the date of the suspension provided no further disciplinary action has occurred during that time. If further discipline has occurred, the suspension will be held in the Personal Service Record for an additional time period not to exceed six (6) months beyond the original five (5) year time period.

   (d)   Reprimands, as set forth in (a) above, may be removed after one (1) year from the date of the reprimand at the discretion of the Chief of Police. Suspensions, as set forth in (b) and (c) above, may be removed after two (2) years at the discretion of the Chief.

   It shall be the responsibility of the Command Officer to request that the Chief of Police consider the expungement of those documents as defined within this section.

2109.23 Record Retention.

   The City shall destroy all Internal Affairs investigative files relating to Command Officers according to the following schedule:

   Documents from investigations resulting in suspensions of more than thirty (30) days: Five (5) years.

   All other documents relating to investigations of Command Officers: Four (4) years.

   The above period shall commence upon issuance of the reprimand, Safety Director's decision, or the Chief's decision when it is accepted. In investigations resulting in a finding of exonerated, non-sustained, or unfounded, the period shall commence upon such finding.

   The City may maintain a statistical record showing numbers, types, and levels of discipline and a statistical profile of officers disciplined, but shall not maintain any records identifying individual officers beyond the specified periods.

   If the Association intends to introduce any disciplinary records at any appeal hearing that are not available to the City because they have been destroyed under this Section, the Association shall provide those records in advance to the City, and the admissibility of those records shall be determined by the Administrative Hearing Officer and/or arbitrator.

2109.24 Resignation.

   Any Command Officer whose removal from the service is sought may resign at any time prior to the hearing in front of the Director of Public Safety or the decision of the Director if no hearing is held. Said decision shall not be rendered sooner than five (5) work days after the decision of the Chief of Police is rendered. The Command Officer's work record shall then show that he resigned of his own accord. Upon request, a copy of said work record shall be furnished to the Command Officer upon his resignation.

2109.25 Seniority.

   Seniority in rank shall mean length of time in rank and shall be used for preference in the selections of the Command Officer's vacation periods, acting time as provided in Section 2109.35 (Acting Time), and eligibility to take promotional examinations in the Department.

   Department seniority shall be the date of the employee's appointment to the Department of Police Operations and the total length of his continuous service after that date and shall be used for the purpose of determining layoff and recall rights.

   Where more than one employee has been appointed to the Department on the same date, then Departmental seniority shall be in accordance with the employee's position on the appointment list. In the event of identical scores on a promotional list, then total Departmental seniority shall apply.

2109.26 Seniority During Military Service.

   Regular employees who leave the service of the City to enter that of the United States Armed Forces, or the service of the U.S. Maritime Commission, or who are drafted by the United States Government for civilian services, will upon their return, within ninety (90) days from release from such services, be granted all seniority rights as if continuously employed by the City during such service.

   Sick leave accrued prior to the date of an employee's entrance into the military services shall be preserved until his return to the City employment as provided in this section.

   Whenever vacancies occur in the classified service by reason of military leaves of absence, appointments may be made for the duration of the emergency or earlier return to service of the employees granted such leaves for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leaves.

2109.27 Seniority During Industrial Disability.

   An employee who is unable to work because of an industrial (service connected) disability shall accumulate seniority during this period of sickness or disability not to exceed two (2) years duration, unless by mutual agreement this period is extended in writing.

2109.28 Promotions.

   When names from a promotional competitive list have been certified to the Department, the Chief shall afford an interview to the employee so certified. Command Officers who work the 2000 x 0400 or midnight shifts shall not be scheduled for an interview within eight (8) hours of the end of the Command Officer's tour of duty.

   When the Police Chief does not intend to appoint the employee who is eligible for promotion, then he shall inform the employee he has not been selected, and when requested, the reason for his being not selected. The employee who is not selected shall have the right to appeal the action of the Chief in not appointing him, to the Director of Public Safety as provided in the Third Step of the grievance procedure within three (3) work days after having been informed of the fact that he is not selected. The Mayor shall review the selection of the Chief of Police and render a final determination as to the adequacy of the reason for the employee being not selected.

   When the employee has filed a grievance under this procedure, then the position shall not be filled until the action of the Department head has been reviewed as provided herein.

   An employee promoted to the higher rank as a result of certification from a promotional list shall be paid the full rate of the rank to which he has been promoted from the date of appointment to the rank. A promoted officer shall be in a promotional probationary period for the first one hundred eighty (180) calendar days of service in his new rank. In the event the officer is found to be unsuited for the work of the new rank or he desires to return to his former rank during this period, he shall be reinstated to his former rank.

   Returns to Unit: In the event of a layoff, or in the event the Chief of Police reassigns a Deputy Chief Pro Tem to the rank of Captain, or a Deputy Chief Pro Tem desires to return to that rank of his own volition, the Deputy Chief Pro Tem may return to the bargaining unit as a Captain.