The tenure of every officer or employee in the classified service of the City of Westlake shall be during good behavior and efficient service and no such officer or employee shall be reduced in pay or position, suspended or removed, except for incompetence, inefficiency, discourteous treatment of the public, neglect of duty, violation of Sections 124.01 to 124.64 of the Ohio Revised Code or the rules of the Commission, or any other failure of good behavior, or any other actions of misfeasance, malfeasance or nonfeasance in office.
In any case of reduction, suspension for more than three working days, or removal of the Police Chief, Fire Chief or Assistant Fire Chief the appointing authority shall furnish such person with a copy of the order of reduction, suspension or removal, which order shall state the reasons for such reduction, suspension or removal. Such order shall be filed with the Commission.
In the event of an order of removal, the person may request, within three working days following the filing of such an order, an informal hearing before the appointing authority to present evidence or give reasons why the order of removal is not justified. Within three days following the hearing, the appointing authority's decision shall be filed with the Commission.
Within ten days following the filing of an order of reduction or suspension, or within ten days following the filing of the appointing authority's decision affirming or modifying an order of removal, the person may file an appeal in writing with the Commission. The Commission shall
forthwith notify the appointing authority and shall hear, or appoint a trial board to hear such appeal within thirty days from and after the date of its filing with the Commission, and may affirm, disaffirm or modify the judgment of the appointing authority.
In case of removal or reduction in pay for disciplinary reasons, either the appointing authority or the person may appeal the decision of the Commission to the Court of Common Pleas in accordance with the procedure provided by Section 119.12 of the Ohio Revised Code.
This Section was repealed on January 29, 2002 in its entirety. (The procedure established in the employee's applicable Collective Bargaining Agreement shall be followed for all discipline, including, suspension, demotion or removal.)
This Section was repealed on January 29, 2002 in its entirety. (The procedure established in the employee's applicable Collective Bargaining Agreement shall be followed for disciplinary suspensions.)
An employee who fails to return to duty within three working days after the completion of a valid cancellation of a leave of absence without pay without explanation to the appointing authority Department Head or applicable Chief may be removed from the service. An employee who fails to return to service from a leave of absence without pay and is subsequently removed from the service is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.
Falsification of any statement in the application for examination shall be considered dishonesty and sufficient cause for removal.