(a) Disciplinary Action. The tenure of every employee in the classified service shall be during good behavior and efficient service. Any employee in the classified service who has completed the probationary period may be dismissed, suspended or demoted for just and reasonable cause on specific written charges.
(b) Disciplinary Procedure.
(1) The Chiefs of the Police and Fire Divisions may prefer charges, dismiss and discipline classified employees of their divisions for the following reasons: neglect of duty, insubordination, conduct unbecoming an employee, malfeasance, nonfeasance, misfeasance, abuse of the leave policy of the City, physical incompetence, incompetence, failure to maintain a high level of professional performance and any other cause that may be established by Council as a uniform rule by ordinance or resolution.
(2) The officer preferring charges shall serve the employee with written notice of the charges preferred and the action taken. A copy of the written notice shall also be filed with the Director and with the Commission.
(c) Review. When requested by the employee, any disciplinary action shall be reviewed by the Director within five working days of the receipt of the written request. The Director may uphold, modify or deny the disciplinary action taken by the Chief of Police or Fire Division. The decision of the Director shall be served on the employee or sent by certified mail, within five working days of his review.
(d) Appeal. A suspended, demoted or dismissed employee may appeal the Director's decision to the Commission in accordance with and subject to the provisions of Section 149.22
(d).
(e) Collective Bargaining Agreements. The Commission is also empowered to hear appeals in disciplinary matters if provided for in collective bargaining agreements to which the City is a party. The procedure on such an appeal shall be as provided in Section 149.22
(d) unless otherwise provided for in the collective bargaining agreement.
(f) If an appeal is filed with the Commission pursuant to a collective bargaining agreement, no appeal may be filed under subsection (d) hereof. for the same matter.
(g) The Chiefs of the Police and Fire Divisions shall be subject to discipline as provided in Section 5.06 of the Charter.
(Ord. 3926. Passed 11-23-93.)