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Periodic service ratings relative to the attendance, conduct and efficiency of all permanent employees shall be made on forms and in the manner prescribed by the Commission. Such records shall be filed in the office of the Commission and shall be made a part of the official record of the employee.
The Commission or Appointing Authority may require medical and/or psychological examinations of an employee, class of employees or prospective employees for the purpose of determining fitness for the position held or to be held. Such medical and/or psychological examination shall be made by a physician, or a psychologist for a psychological examination, designated by the Commission and the results recorded and filed with the Commission. Employees who either refuse to submit to such medical and/or psychological examinations when so ordered, or found to be unfit for the duties of their positions after such psychological or medical examinations are subject to be suspended, transferred, demoted or dismissed as the facts may warrant after charges have been preferred and hearings held. Any employee suspended, demoted or dismissed under the provisions of this section shall have the right to appeal to the Commission.
This Rule applies to all City of Toledo applicants, except those applicants for the Police and Fire Divisions. Pre-employment criminal background checks for applicants for the Police and Fire Divisions are governed by separate Civil Service Commission Rules.
Background investigations will be conducted as part of all offers of conditional employment with the City of Toledo. Employment with the City of Toledo is contingent upon a successful criminal background check. Convictions and probation status, if any, will be considered. Exclusion from employment will be made consistent with job-relatedness and business necessity.
The Director of Human Resources or his/her appointed employee(s) will review the results of the background investigation in relation to the position(s) for which an applicant has been conditionally offered employment. A conviction of a felony or misdemeanor may disqualify a candidate from employment, upon an individualized assessment in accordance with this policy.
In reviewing the results of an individual applicant's criminal background check, the Department of Human Resources will perform an individualized assessment to determine if there is a link between the criminal conduct and the essential functions of the position.
The following factors, among others as operationally necessary, will be looked at in making an individualized assessment:
1. The nature of the crime and gravity of the offense or conduct
a. Harm caused by the crime
b. Legal elements of the crime
2. The time that has passed since the offense, conduct, and/or completion of the sentence
3. The nature of the job held or sought
a. Nature of the job duties
b. Identification of the job's essential functions
c. Circumstances under which the job is performed (e.g., the level of supervision, oversight, and interaction with co-workers, or vulnerable individuals)
d. Environment in which the job's duties are performed (e.g., out of doors, in a warehouse, in a private home)
4. Information pertaining to the degree of rehabilitation since the conviction
5. Any information as to applicant's good conduct since his/her conviction
6. The age of the applicant at the time of the occurrence of the offense for which he/she was convicted
The Director of Human Resources, or his/her appointees, may consult with any other appropriate City officials in conducting the individualized assessment.
Following the background investigation and individualized assessment, if the Director of Human Resources determines the applicant's criminal record is inconsistent with the job's requirements and business necessity, the applicant's conditional offer of employment with the City of Toledo will be rescinded. The Director of Human Resources will notify the applicant in writing of the decision made.
Upon rescission of a conditional offer of employment, and upon the applicant's written request within three (3) business days of the notice of rescission, the applicant will be given an opportunity to review the criminal background check results. After reviewing the background results, the applicant has five (5) days to submit in writing to the Director of Human Resources additional information regarding his/her background check results. If any applicant is found to have falsified any information regarding conviction history, the applicant will not be considered for employment.
Upon receipt of the applicant's explanatory information, a committee consisting of the Director of Human Resources, a representative from the Department of Human Resources, Selection and Evaluation Section, the Hiring Division representative, and a representative from the Office of Diversity and Inclusion will review the additional information submitted. The committee will then determine as to whether the individual's additional information shows the rescinded conditional employment offer is not job- related and inconsistent with business necessity. In addition to the factors listed in paragraphs 1 through 6 above, relevant factors in making this determination include:
1. Individual may show he/she was not correctly identified in the criminal record or the record is inaccurate
2. The facts or circumstances surrounding the offense or conduct
3. The number of offenses for which the individual was convicted
4. Older age at the time of conviction, or release from prison
5. Evidence the individual performed the same type of work, post conviction, with the same or different employer, with no known incidents of criminal conduct
6. Length and consistency of employment history before or after the offense/conduct
7. Rehabilitation efforts, e.g., education/training
8. Employment or character references and any other information regarding fitness for the particular position; and
9. Whether the individual is bonded under federal, state, or local bonding program.
If the applicant fails to respond or to provide additional explanations about his/her criminal background, the employer will proceed with its employment decision without the information.
After a determination is made on the additional information, the Director of Human Resources will advise the applicant of the final decision and his/her right to appeal the decision to the Civil Service Commission in writing. The Commission's decision is final.
No person in the classified service shall be reduced in pay or rank, laid off, suspended, removed or otherwise discriminated against by the Appointing Authority for religious or political reasons or affiliations, for reasons of sex, race, color or creed, or any other reason not connected with his value to the service.
No employee shall be suspended without first having been afforded a hearing by the Division Head, or designated hearing authority, except where it is necessary to immediately suspend the employee pending a hearing. An employee may be suspended pending a hearing where the charges are theft, embezzlement of public funds, being under the influence of, or the use of alcoholic beverages or abusive drugs during working hours, physical violence, gross insubordination, or offenses and actions amounting to gross misconduct. However, where an employee is suspended under this provision, a hearing before the Division Head, or designated hearing authority, shall be held prior to the end of the next regularly scheduled work day.
The Appointing Authority shall serve on the employee, personally or by certified mail, at the address of such employee as appears on the Civil Service records, a written communication concisely stating the acts or omission for which the employee is suspended and the duration of such suspension.
When an employee is to be disciplined, the Division Head or designated hearing authority shall have the charges against the employee reduced to writing, with two (2) copies, to be served on the employee. The hearing shall be held on a date and time no more than three (3) work days after the charges have been served on the employee. In the event the hearing cannot be held because of the absence of the employee for any reason, then it shall be held within three (3) work days after the return of the employee.
The employee shall have the right to be represented at such hearing by his designated representative who shall have the right to attend any hearing held.
The Division Head or designated hearing authority 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 Division Head or designated hearing authority shall make his recommendation to the Appointing Authority on the case within three (3) work days after the day of the hearing. If the recommendation of the Division Head or designated hearing authority is for dismissal or demotion, the Appointing Authority shall then cause a hearing to be held to review the matter, hear the evidence in support of the charges and the evidence in defense of the charges and render a fair and just decision based on the evidence submitted at the hearing.
No employee in the Fire or Police Divisions shall be suspended without first having been afforded a hearing by the Chief of the Division, except where it is necessary to suspend the employee pending a hearing. An employee may be suspended pending a hearing where the charges are of such a nature to endanger the public safety or welfare. However, where an employee is suspended under this provision, a hearing before the Chief of the Division shall be held prior to the end of the next regularly scheduled work day.
The Chiefs of the Divisions of Police and Fire shall have the exclusive right to suspend any of the employees in their respective divisions for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any other just or reasonable cause. If any employee is suspended, as herein provided, the Chief of the Division concerned shall forthwith in writing, certify the facts together with the cause for suspension to the Director of Public Safety. Within five (5) calendar days from the receipt thereof the Director of Public Safety shall proceed to inquire into the cause of such suspension and render judgment, which if the charges be sustained, may be suspension, reduction in rank or dismissal. Such judgment in the matter shall be final, except as otherwise hereinafter provided. In any such investigation, the Director of Public Safety shall have the same power to administer oaths and secure the attendance of witnesses and production of documents as is conferred upon the Council.
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