When a member is to be suspended or disciplined, the Fire Chief shall have the charges reduced to writing. One (1) copy shall be delivered to the Local 92 President or his designee, within fifteen (15) office days of the occurrence or knowledge thereof, or within thirty (30) office days if the Department has a legitimate need for additional time to complete its investigation. If the latter time is taken, the Department shall notify the Union why it is being taken. However, approval is not required provided the charges are brought within the thirty (30) day period. Delivery to the union president or his designee shall be deemed to have occurred if hand delivered or faxed (with follow-up communication in writing) to the union hall. A second copy shall be delivered to the member. Delivery shall be deemed to have occurred if charges are hand delivered or in the event hand delivery fails (at work at the member's last address of record), placed in the U.S. Mail (certified, return receipt requested), with a certification of mailing to be completed by the individual who mails the copy. Where resort to U.S. Mail occurs, the date of posting shall control and a written certification shall be provided to the Hearing Officer stating the date of mailing and address to which mailed. In the event of pending civil or criminal matters, the above time frames for conducting an investigation 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, weekends and holidays excluded.
There shall be no press release by the City or the Association regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged.
Any member called to the Chief'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 to be present, at the discretion of the Union. If so desired, one or both shall be obtained prior to such hearing.
A hearing shall be held on a date and time mutually agreed upon not more than fourteen (14) days, nor sooner than seven (7) days from the date of the charges. In the event the hearing cannot be scheduled within these time frames because of the absence of the member or the Chief or his designated representatives for any reason, then it shall be held within seven (7) days after the return of the member and/or Chief and his designated representatives.
The Fire Chief or his designee 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 Chief shall take whatever disciplinary action is merited based on the evidence he has heard.
If the Chief has suspended a member of the bargaining unit, 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.
In the event of an appeal hearing, the appellant shall waive the fifteen (15) day limitation imposed in Section 143 of the Charter of the City of Toledo and a hearing date will be established at a time mutually agreeable to the Administration and the employee.
The Director of Public Safety or his/her designee shall render judgment and take action within fifteen (15) days of the start of the inquiry.
The decision of the Director of Public Safety may, at the request of the employee, be appealed to the Civil Service Commission as provided in Section 144 of the Charter or, at the discretion of the Union, be submitted to final and binding arbitration.
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.
(Ord. 594-06. Passed 8-22-06.)