133.14 DISCIPLINE.
(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 and upon specific written charges.
(b) Disciplinary Procedure. The Mayor, Director of Administration or a department or division head of the City may prefer charges and suspend, demote or dismiss a classified employee. Such person shall serve the employee with written notice of the charges preferred and written notice of the action taken. A copy of such charges shall also be filed with the Director and the Civil Service Commission.
The disciplined employee may request a hearing with the Director to appeal the action of a department or division head, which shall be scheduled within three days after the request for appeal. Upon hearing such appeal, the Director shall issue an opinion in writing within three days after the hearing that may affirm, deny or modify the disciplinary action. Upon receiving the written opinion of the Director, or at the date of mailing the letter containing the Director's opinion, the time period for appealing to the Commission shall commence.
(c) Appeal. A suspended, demoted or dismissed employee may appeal in writing to the Commission within ten days of the delivery of charges. The Commission shall hear the appeal not less than twenty days, or more than thirty days, after receipt of a written timely request for a hearing.
(d) Hearing. The hearing shall be conducted with at least two members of the Commission present. The hearing shall be in public unless waived in writing by the employee prior to the time of the hearing.
The Commission shall hear the evidence upon the specific charges as filed by the officer preferring charges. No material amendment s or addition to the charges may he considered by the Commission once the charges have been filed.
The proceedings shall be as informal as is compatible with the requirements of justice, and the Commission need not be bound by formal rules of evidence or procedure. The Commission may make inquiry in the matter through oral testimony and records presented at the hearing, which is calculated to ascertain the rights of the parties and to justly carry out the provisions and spirit of the Charter and these regulations.
The testimony taken at the hearing shall be under oath, administered by the Commission. The Commission shall have the power to subpoena and require the attendance of witnesses and the production of pertinent records. The Commission may continue the hearing as is necessary and required to receive all relevant testimony and evidence.
(e) Ruling. The Commission by majority vote may affirm, disaffirm or modify the disciplinary action, and may award retroactive pay and benefits or other relief as appropriate. It shall report its findings and decision lo the Director, who shall be required to have such decision implemented. The decision of the Commission shall be a final order, which may be appealed to the Court of Common Pleas of Wayne County within thirty days of the Commission's decision.
(f) Demotion for Causes Other Than Disciplinary Action. When an employee becomes physically or mentally incapacitated in the performance of the duties of a position, the Director, with approval of the employee and the Commission, may reduce the employee to a vacant position in a lower classification which the employee has the ability to fill, at a pay range assigned to such lower classification.
Such a demotion may also be made for any other reason upon the written request of the employee and consent of the Director.
(Ord. 2017-26. Passed 9-18-17.)