Any person holding an office or position under the classified service in the Fire Department or the Police Department who is separated therefrom due to injury or physical or psychological disability incurred in the performance of duty shall be reinstated immediately, or one suffering injury or physical or psychological disability incurred other than in the performance of duty may be reinstated, at the Mayor's discretion, upon filing with the Chief of the Fire Department or the Chief of the Police Department, a written application for reinstatement, to the office or position he held at the time of such separation, after passing a physical examination and/or psychological assessment showing that he has recovered from the injury or other physical or psychological disability. The physical examination/assessment(s) shall be made by a licensed physician designated by the City within two weeks after application for reinstatement has been made, provided such application for reinstatement is filed within five years from the date of separation from the Department, and further provided that such application shall not be filed after the date of service eligibility retirement.
Any person holding an office or position under the classified service in the Fire Department or the Police Department, who resigns therefrom, may, at the Mayor's discretion, be reinstated to the rank of fire fighter or police officer, upon the filing of a written application for reinstatement with the Chief of the Fire Department or Chief of the Police Department, and upon passing a physical examination and/or psychological assessment disclosing that the person is physically and mentally fit to perform the duties of the office of fire fighter or police officer, the application for reinstatement shall be filed within one year from the date of resignation. Any person reinstated pursuant to the authority of this paragraph shall not receive credit for seniority earned prior to resignation and reinstatement, and shall not be entitled to reinstatement to a position above the rank of fire fighter or patrol officer, regardless of the position the person may have held at the time of his resignation. (Amended 7-12-19)
With the consent of the Commission, the appointing authority may grant a leave of absence without pay to an employee in the classified service for a period not to exceed one year, and upon the expiration of such leave of absence, such employee may be reinstated. If the employee is a provisional appointee, the leave of absence, if granted, is subject to the establishment of an eligible list and terminates automatically if an eligible list for said position is established during the period of leave of absence. All such leaves of absence granted by appointing authorities shall be referred to the Commission promptly for approval, in order that the civil service status of such absentees may be protected in accordance with Section 123:1-34-01 of the Ohio Administrative Code.
Absence from duty without leave for any time will be considered neglect of duty and good cause for dismissal. Absence from duty without leave for ten consecutive calendar days shall be deemed a resignation from the service by the absentee upon report of such absence by the appointing authority and the resignation shall be entered upon the records of the Civil Service Commission. However, if at any time within thirty days thereafter the person so absenting himself shall make satisfactory explanation to the Commission of the cause of his absence, he may be reinstated to his position.
Failure to report after a leave has expired or has been disapproved or revoked and cancelled by the Commission shall be considered neglect of duty and cause for discharge. However, if an employee so discharged shall show to the satisfaction of the Commission that such failure to report was excusable, the Commission may then order his reinstatement.
This Section was repealed on January 29, 2002 in its entirety. (The lay off procedure established in the employee's applicable Collective Bargaining Agreement shall be utilized for lay offs.)
This Section was repealed on January 29, 2002 in its entirety. (The lay off procedure established in the employee's applicable Collective Bargaining Agreement shall be utilized for lay offs.)
This Section was repealed on January 29, 2002 in its entirety. (The lay off procedure established in the employee's applicable Collective Bargaining Agreement shall be utilized for lay offs.)
Whenever in the judgment of the Commission physical and/or psychological qualifications are of importance, the person being transferred, promoted or returning from a leave of absence, sickness or layoff, or any other time the appointing authority or the Chief of Police or Fire needs to confirm the person is physically and/or psychologically capable of performing their duties, shall be required to submit to a physical examination and/or psychological assessment and be certified as qualified in such respect before assuming his duties. (Amended 7-12-19; 3-24-23)