(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 one (1) copy to be delivered to the Chief Steward, and one (1) copy to be delivered to the local Union business agent's office. Delivery to the employee shall be defined to have occurred if the charges are hand-delivered, or mailed to the employee's residence. 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 and delivered as described above within seven (7) workdays (Monday through Friday) from the first day after the City had knowledge of the infraction, unless 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 five (5) workdays (Monday through Friday) after the charges have been served on the employee. In the event the City hearing cannot be held because of the absence of the employee, business agent, Division or Department Head, then it shall be held within five (5) workdays (Monday through Friday) after the return of the employee, business agent, and/or Division or Department Head.
(b) Charges shall be preferred by the individual originally lodging them, and 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, within five (5) work days (Monday through Friday) following the day of 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 five (5) workdays (Monday through Friday) following the closing of the hearing.
(f) In appropriate cases, referral to the Employee's Service Program may be considered as an alternative to immediate disciplinary action.
(g) If the recommendation of the designee of the City is for dismissal or demotion, the Mayor shall then review the matter with the parties and render a fair and just decision based on the discussion at that hearing.
(h) Penalties imposed as a result of the hearing shall be in compliance with the Progressive Disciplinary Procedure in Section 2121.27 (Progressive Disciplinary Procedures).
(i) An employee and the Union have the option to go directly to arbitration or the Civil Service Commission.