(a) When an employee is to be disciplined, the Division Head or Department Head shall have the charges against the employee reduced to writing, with one (1) copy to be delivered to the employee and a copy to be delivered to the local Union President's office. Delivery to the employee shall be deemed to have occurred if the charges are hand-delivered, or in the event that hand-delivery fails, placed in the U.S. mail. Delivery to the local Union President's office shall be deemed to have occurred if the charges are hand-delivered, sent by facsimile (fax) transmission, left at the office with a Union representative or Union employee, or placed in the U.S. mail using certified or registered mail, return receipt requested. Where resort to U.S. mail occurs, the date of the posting shall control and a written certification shall be provided to the Hearing Officer stating the date of mailing and address to which mailed. The employee's last known address shall be utilized.
Charges must be brought within ten (10) work days (Monday through Friday) of the Division having gained knowledge that an infraction exists unless insufficient time is available for completion of the administrative investigation. A written request for extension of ten (10) work days shall then be made to the Hearing Officer who will hear the case and notice of that request given by the Division to the local Union President or Chief Steward. The Hearing Officer shall have sole discretion to decide extension requests; such decisions shall not be subject to review or appeal. Only one extension may be requested or granted. This does not preclude the parties from mutually agreeing to extend timeframes. If an employee's work related activities are being challenged through litigation, any disciplinary action that could be considered by the City may be deferred pending the conclusion of litigation. The hearing shall be held by the City's designated Hearing Officer on a date and time mutually agreed upon, but no more than ten (10) work days (Monday through Friday) after the charges have been served on the employee, unless mutually agreed upon otherwise. In the event the hearing cannot be held because of the absence of the employee, Division or Department Head then it shall be held within five (5) work days (Monday through Friday) after the return of the employee and/or Division or Department Head.
(b) Charges shall be preferred by the Division or Department Head and, if different, the individual originally lodging them. The designee of the City shall serve as the Hearing Officer.
(c) The employee shall have the right to be represented at such hearing by the Union. The bargaining representative shall have the right to attend any such hearing held where an employee included in the jurisdiction of the bargaining unit is involved.
(d) The employee shall be presumed to be innocent and the burden shall be on the employer to show fault by the evidence presented at the hearing. The employee or his representative shall have the right to confront and question the accuser, the right to call and examine witnesses in the employee's behalf, the right to have all pertinent records made available, and the right to file a written answer to the charges prior to the hearing.
(e) The designee of the City shall hear only the evidence in support of the charges and only the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The designee of the City shall make a recommendation to the Mayor on the case within ten (10) work days (Monday through Friday) following the closing of the hearing.
(f) In appropriate cases, referral to the Employee Assistance Program may be considered pursuant to the provisions of Section 2117.35, "Employee Assistance Program".
(g) If the recommendation of the designee of the City is for dismissal or demotion, then the Mayor or designated member of the Mayor's staff shall within ten (10) workdays schedule the hearing to hear oral arguments from the parties relative to the recommended penalty. It is the intention of the parties to hold the hearing within ten (10) workdays. A fair and just decision based on the arguments submitted at the hearing will be rendered in a timely manner. Termination from employment shall not occur until the Mayor’s decision is rendered.
If the recommendation of the designee of the City is for termination, the employee will be removed immediately from his/her position and will be suspended on administrative leave without pay, unless the employee elects to use available vacation and/or compensatory time pending the Mayor’s decision.
(h) Penalties imposed as a result of the hearing shall be in compliance with Section 2117.30, "Progressive Disciplinary Procedure", or Section 2117.31, "Advanced Disciplinary Procedure"; or, when applicable, policies and/or memorandum of understanding regarding D.O.T. drug and alcohol procedures and only those penalties agreed upon by the parties or imposed by the Hearing Officer except as otherwise provided by this agreement.