Section 1. Reduction, Suspension and Dismissal: The tenure of every employee shall be during good behavior and efficient service and no such employee shall be reduced in pay or classification, suspended, or dismissed except for incompetency, inefficiency, dishonesty, substance abuse, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of the rules of the Commission, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office.
In any case of reduction, suspension of more than three working days, or dismissal, the appointing authority shall furnish the employee with a copy of the order of reduction, suspension or dismissal, which order shall state the reasons therefor. Such order shall be filed with the Commission. Copies of memoranda and written reprimands which demonstrate the reason(s) for disciplinary action must be maintained. Disciplinary action for inefficiency, failure of good behavior, and/or any other item(s) listed above can result in the following:
A. Reduction - an appointing authority may demote an employee from his classification to a lower related classification for purposes of discipline. An appointing authority may also reduce an employee's pay within the classification he is presently serving for purposes of discipline.
B. Suspension - an appointing authority may terminate an employee's employment and compensation for a fixed period of time for the purpose of discipline.
C. Dismissal - an appointing authority may terminate an employee's employment. Employees may be dismissed as a result of an accumulation of acts of lesser consequences.
Additional grounds for dismissal are:
1. Absence from duty without permission; or
2. Absence from duty by an employee for three consecutive days without any explanation within that period, or his failure to return from leave of absence after the leave has expired or been revoked.
The appropriate department shall immediately notify the employee of the dismissal by certified mail. Notice of such dismissal is sufficient if mailed to the employee's last known address as specified by Personnel Policies and Procedures Rule 2.8. The explanation referred to above must be made to the employee's crew leader, supervisor, or other official as specified by the department or division regulations. If within ten days after the last day of actual work prior to the unexplained absence the employee should furnish to the appointing authority a satisfactory explanation of his absence, an entry of dismissal may be set aside by the recommendation of the appointing authority with the approval of the Commission. Furthermore, an employee may request a hearing by his agency, during that same ten day period, to consider the charges against him and allow an opportunity to satisfactorily explain his absence.
The dismissal of an employee will not become effective until the appointing authority has held a hearing at the department/division level to permit the employee to present matters in his defense and has sent written notice of dismissal to the employee. The written notice must contain one or more of the statutory reasons or grounds for dismissal together with specifications and facts as will enable the employee to be placed fairly upon his defense. A copy of the notice of dismissal, including specifications must be filed with the Commission. Exception to the requirement for such a hearing are dismissals resulting from failure of probation and for reasons outlined in C (2) above.
Section 2. Appeal: Within ten calendar days following the filing of such order resulting in reduction, suspension of more than three working days, or dismissal, the employee may file an appeal, in writing, with the Commission. In the event such an appeal is filed, 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 its filing with the Commission, and it may affirm, disaffirm, or modify the judgement of the appointing authority.
In cases of dismissal or reduction in pay for disciplinary reasons, either the appointing authority or the officer or the employee may appeal from the decision of the Commission to the court of common pleas of Hamilton County.
In the case of the suspension for any period of time, or demotion, or dismissal of a chief of police or fire chief or any sworn, uniformed member of the Police or Fire Division, the appointing authority shall furnish such chief or member of a division with a copy of the order of suspension, demotion or dismissal, which order shall state the reasons therefor. Such order shall be filed with the Commission. Within ten days following the filing of such order such chief or member of a division may file an appeal, in writing, with the Commission. In the event such appeal is filed, 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 its filing with the Commission, and it may affirm, disaffirm or modify the judgement of the appointing authority. An appeal on questions of law and fact may be had from the decision of the Commission to the court of common pleas for Hamilton County. Such appeal shall be taken within thirty days from the finding of the Commission.
The Commission may appoint a Trial Board, consisting of one, two or three members, providing that at least one of the members shall be a member of the Commission who shall act as Chairperson. The Trial Board may hear appeals of
any matter within the jurisdiction of the Commission, and shall recommend its disposition to the Commission. Determination of an appeal is not final until reviewed and acted upon by the full Commission. The Commission may alter, amend, affirm or reverse the recommendation of the Trial Board, or may order a rehearing of the appeal.
