When a member is to be suspended or disciplined, the Fire Chief/Director shall have the charges reduced to writing with two (2) copies to be delivered to the member within fifteen (15) days of the occurrence or knowledge thereof. If an extensive investigation is required, the parties may mutually agree to extend the timelines to forty-five (45) days. In the event of pending civil or criminal matters, the time frames may be extended until the conclusion of such litigation. For the purpose of this section, days are defined as official office days, Monday through Friday, exclusive of weekends and holidays.
There shall be no press release by the City or the TFCA regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged.
Any member called to the Chief/Director's office for disciplinary action or where such action shall be discussed shall be afforded the right to have union representation and/or union legal counsel.
A hearing shall be held on a date and time mutually agreed upon not more than three (3) work tours after the charges havebeen served on the member. In the event the hearing cannot be held because of the absence of the member or the Chief/Director or his designated representatives for any reason, then it shall be held within three (3) work tours after the return of the member and/or the Chief/Director and his designated representatives.
The Fire Chief/Director or his designee shall hear the evidence in support of the charges and the evidence in defense of the employee charged and shall endeavor to ascertain the truth of the charges. The Chief/Director shall take whatever disciplinary action is merited based on the evidence he has heard.
If the Chief/Director has suspended a member of the Association, then he shall forthwith, in writing, certify to the Director of Public Safety the fact of such suspension. Within fifteen (15) days from receipt of such certification, the Director of Public Safety shall proceed to inquire into the cause of the suspension as provided in Section 143 of the Charter of the City of Toledo. The Director of Public Safety may conduct a hearing on the suspension and the member shall be represented at such hearing as is provided above.
The Director of Public Safety shall render judgment in the matter and take action as he 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 or it may be appealed to an arbitrator for a final determination, but not both. The TFCA shall have thirty (30) days to make this appeal.
If binding arbitration is chosen, the name of the arbitrator to be selected will be from a panel requested by the parties from the Federal Mediation and Conciliation Service. The City or the TFCA shall request a panel of seven (7) names from the FMCS. The parties shall select the arbitrator using the alternate strike-off method.
In the event that the procedure as set forth in this Section is not followed, then the charges against the member will be dismissed without prejudice.
In the event that charges are levied against a Deputy Chief, the Chief/Director of the Department shall prefer the charges and the Director of Public Safety shall conduct a hearing on the suspension or disciplinary action.