No employee shall be suspended from the service of the City without first having been afforded a hearing by a representative from the Employer.
An employee may be suspended pending a hearing only where the charges are theft, embezzlement of public funds, being under the influence of alcoholic beverages or abusive drugs during working hours, the use of alcoholic beverages or abusive drugs during working hours, physical violence, offenses involving gross misconduct, or gross insubordination.
However, where an employee is suspended under this provision, the President of the Union, Vice President, or Chief Steward as designated by the Union President must immediately be notified and a reasonable effort shall be made to have a Union Representative present for the suspension. A hearing before the Employer's designee shall be held prior to the end of the third regularly scheduled work day at a time mutually agreed upon.
Where the parties agree, the sole purpose of the hearing will be to establish whether sufficient cause exists to continue the suspension until a full hearing as provided in Section 2105.23, "Procedure" is held and a determination thereunder rendered. If the designated hearing officer continues the suspension, a full hearing shall be held within ten (10) workdays following the return to work hearing, unless the parties have mutually agreed to extend the required time frames for this hearing.