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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.
When an employee in the Division of Fire or Police is to be disciplined, the Chief of the Division 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 officer or employee. In the event the hearing cannot be held within three (3) work days because the employee is unable to attend, then it shall be held within three (3) work days after the employee returns to duty.
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 Chief of the Division 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. If the Chief of the Division concerned sustains the charges, he may then proceed with the suspension as provided for in Section 80.04 of these rules.
The Appointing Authority may reduce, suspend or remove any employee under his jurisdiction for incompetency, inefficiency, immoral conduct, dishonesty, conviction of a felony, or conviction of a misdemeanor involving moral turpitude, insanity, abuse of authority, repeated failure to meet personal financial obligation, or for any other just and reasonable cause as determined by the Commission.
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