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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.
Any employee deemed guilty of such act or omission which justifies his reduction in rank or removal from the service may be immediately relieved of duty by his immediate superior. Within three (3) work days thereafter the Appointing Authority or his authorized representative shall cause to be served on such employee, either personally or by certified mail, at the address of such employee as appears on the Civil Service records, a written statement specifically setting forth the reasons for his reduction in rank or removal.
Such statement shall also state the time and place of the hearing thereon before the Appointing Authority and shall advise the employee that he may file a reply in writing to the charges and may appear personally and be heard in defense of such charges. At least one (1) work day shall elapse between the service of such notice and the hearing thereon and such employee, on request, shall be given at least three (3) work days continuance.
The following procedure shall be followed in the conduct of such hearings before the Appointing Authority:
a. The charges shall be read unless the employee waives reading thereof.
b. Inquiry shall be made of the employee as to the receipt of the charges.
c. Inquiry shall be made to the plea of the employee to the charges.
d. The written reply, if any, to the charges shall be read.
e. Evidence in support of the charges shall be presented.
f. Evidence in defense of the charges shall be presented.
g. Rebuttal evidence, if any, shall be presented.
The purpose in such hearings shall be to ascertain the truth of the charges. Evidence shall be limited to matters connected with the charges. Technical rules of evidence need not be strictly observed. Witnesses shall be sworn in prior to the taking of testimony. On request, witnesses shall be separated.
Should the charges be sustained by the Appointing Authority, the judgment of reduction in rank or removal shall be as of the date the employee was relieved from duty. Should the charges not be sustained, the employee shall be restored to the payroll as of the date he was relieved from duty. Should the charges be sustained, but, in the opinion of the Appointing Authority, only a suspension is warranted, an order of suspension dating from the date the employee was relieved from duty may be made.
The findings of the Appointing Authority and his judgement thereon shall be reduced to writing, and together with a copy of the charges and the statement of the time and manner of service of same on the employee and his reply in writing thereto shall be filed with the Commission.
Any person employed in the classified service who is suspended, reduced in rank or dismissed may appeal from the decision of the officer issuing such order to the Civil Service Commission within ten (10) calendar days from and after the date of such suspension, reduction or dismissal. In such event said officer shall, upon notice from the Commission of such appeal, forthwith transmit to the Commission a copy of the charges and proceedings thereunder. The Commission shall hear such appeal within ten (10) calendar days from and after the filing of the same with the Commission, and may affirm, disaffirm or modify the judgment of the officer issuing such order and the Commission's judgment in the matter shall be final, except as otherwise provided by law.
Except that any original appointee who does not perform his duties to the satisfaction of the Appointing Authority, or who is guilty of any act or omission, which would be grounds for dismissal of a regular classified employee may be dismissed during his probationary period without right of appeal. The Appointing Authority may notify the Commission in writing of the dismissal and the reasons therefor. The name of the dismissed person shall be removed from the eligible list and he shall not be permitted to take an examination for the same position for a period of two (2) years. Provided, however, if the Commission finds sufficient justification, the name of the dismissed person shall be restored to the eligible list.
Any employee whose removal is sought may resign at any time and the records of the Commission shall show that the employee resigned while charges were pending against him.
An employee wishing to leave the City service in good standing shall file a written resignation with his department and/or division head at least two (2) weeks in advance. Failure to comply with this requirement may result in denial of future employment with the City of Toledo.
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