Common use of Suspension and Disciplinary Action Clause in Contracts

Suspension and Disciplinary Action. When departmental charges are to be filed against a Command Officer, the Chief of Police or the designated Deputy Chief Pro-Tem shall have the charges against the Command Officer reduced to writing with one copy of the charges to be served on the Command Officer and one copy to be served on the Association. Service to the Association shall be deemed to have occurred when the charges are "time stamped" and placed in the Association mail. A hearing shall be held on a date and time mutually agreed upon not less than seven (7) work days after the charges have been served on the Command Officer. In the event that a hearing cannot be held because of the absence of the Command Officer for any reason, then it shall be held not less than seven (7) or more than fourteen (14) work days after the return of the Command Officer. In the event that the City cannot locate the Command Officer for service of charges after reasonable efforts to do so, the Association agrees that this inability to serve the Command Officer shall not be a basis for dismissal of the charges. The Command Officer shall have the right to be represented at such hearings by the Association and parties of his choice. Such representation shall be limited to two (2) designees. If the Chief appoints a designee, said designee will be identified prior to the hearing. The Command Officer has the right to object to one designee only. All Deputy Chiefs Pro-Tem are eligible for consideration as the designee. The Police Chief or his designee shall hear the evidence in support of the charges and the evidence in the defense of the charges and shall endeavor to ascertain the truth of the charges. The Internal Affairs Section shall present all evidence both favorable and unfavorable that has been gathered during its investigation. The Chief of Police shall take whatever disciplinary action is merited based on the evidence he has heard. If the Chief has suspended a Command Officer, then he shall forthwith, in writing certify to the Director of Public Safety, the fact of such suspension. Within five (5) workdays from the receipt of such certification, the Director of Public Safety shall proceed to inquire into the cause of the suspension as provided in Section 143 of the Charter of Toledo. The Director of Public Safety may conduct a hearing on the suspension as provided in the Charter and the Command Officer shall be represented at such hearing. When a Command Officer has been suspended the Association and the City may within ten (10) work days submit briefs of no more than four (4) double spaced pages on each charge to the Director of Public Safety for his review. When briefs are submitted, the Director of Public Safety shall render his decision within fifteen (15) workdays of certification of the suspension. Notification that briefs are to be submitted must be made within two (2) workdays after the certification of suspension. The Association will provide such notification to the Chief of police. Coercion shall not be utilized to prevent an employee from appealing any decision rendered. The Director of Public Safety shall render judgment in the matter and take actions he deems suitable as provided in the Charter. The decision of the Safety Director with regard to suspension or dismissal of an employee may, at the request of the employee, be appealed to the Civil Service Commission as Provided in Section 144 of the Charter, or at the discretion of the Association, be submitted to final and binding arbitration. In the event that the procedure as set forth in this Section is not followed, the charges against the Command Officer will be dismissed without prejudice.