Suspension or Disciplinary Action. When a member is to be suspended or disciplined, the Fire Chief/Director shall have the charges reduced to writing with two (2) copies to be delivered to the member within fifteen (15) days of the occurrence or knowledge thereof. If an extensive investigation is required, the parties may mutually agree to extend the timelines to forty-five (45) days. In the event of pending civil or criminal matters, the time frames may be extended until the conclusion of such litigation. For the purpose of this section, days are defined as official office days, Monday through Friday, exclusive of weekends and holidays. There shall be no press release by the City or the TFCA regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged. Any member called to the Chief/Director's office for disciplinary action or where such action shall be discussed shall be afforded the right to have union representation and/or union legal counsel. A hearing shall be held on a date and time mutually agreed upon not more than three (3) work tours after the charges have been served on the member. Where the employee is unable or unwilling to attend the hearing, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of a Union Representative. Failure of the employee to respond to the offer or phone call shall result in the hearing proceeding without his/her presence. Any action resulting from said hearing shall not be challengeable on the basis of the employee’s absence or lack of participation. The Fire Chief/Director or his designee shall hear the evidence in support of the charges and the evidence in defense of the employee charged and shall endeavor to ascertain the truth of the charges. The Chief/Director shall take whatever disciplinary action is merited based on the evidence he has heard. If the Chief/Director has suspended a member of the Association, then he shall forthwith, in writing, certify to the Director of Public Safety the fact of such suspension. Within fifteen (15) days from 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 the City of Toledo. The Director of Public Safety may conduct a hearing on the suspension and the member shall be represented at such hearing as is provided above. The Director of Public Safety shall render judg...
Suspension or Disciplinary Action. When departmental charges are to be filed against an employee, the Chief of Police or his designee shall have the charges against the employee reduced to writing with two (2) copies of the charges to be served on the employee. The employee may request a hearing with the Chief of Police to be conducted by the Chief or his designee not sooner than seven (7) work days and not more than fourteen (14) work days after the written charges have been served upon the employee. Requests for hearings shall be made in writing within five (5) work days after the charges have been served on the employee. If a hearing is not requested, the Chief/designee shall render his decision without a hearing within said fourteen (14) work day period. If the Chief or his designee recommends the suspension of an employee, then he shall forthwith, in writing, certify to the Director of Public Safety the fact of such suspension. Within five (5) days from the receipt of such certification the Director of Within five (5) days 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 the City of Toledo. The Director of Public Safety at his discretion may conduct a hearing on the suspension as provided in the Charter and the employee shall have the right to be represented at such hearing. The Director of Public Safety shall render judgment in the matter and take action as he deems suitable and as is provided for in the Charter. The decision of the Safety Director with regard to the 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.
