[Ord. 42-1971 § 5, passed 6-30-1971]
An employee who has tenure may be granted a leave of absence,
without pay, by the Director of the Department of Public Safety for
a period not to exceed one year for any reasons determined by him
to be sufficient and in the best interests of the City.
When any employee returns from authorized leave, in accordance
with the provisions of these rules, he shall return to his original
position with full seniority as if he had not been on leave.
Except under unusual circumstances, leave of absence without
pay shall not be granted in order for an employee to take other employment
not in the City service. All employees on leave without pay are subject
to the provisions of these rules.
All positions vacated by authorized leaves of absence shall
only be filled by temporary appointment as provided by these rules.
[Ord. 42-1971 § 5, passed 6-30-1971]
Whenever a vacancy occurs by virtue of an employee taking a
leave of absence because of his enlistment or because he has been
ordered into the military force of the United States, the Board may,
based upon the anticipated duration of the leave, either fill the
vacancy by temporary appointment or through certification.
If the vacancy is filled by a temporary appointment, the duration
of any such appointment shall be for the period of such leave of absence,
and for not more than 60 days thereafter. Such leave of absence shall
be automatically terminated by the death or discharge of the employee
from the military service. Within 60 days of the termination of the
leave of absence by honorable discharge, the employee shall be restored
to his position, without a loss of seniority, provided he is otherwise
eligible. The person temporarily appointed shall, as much as possible,
be taken from an eligible list for the rank and any such temporary
appointment shall not prohibit the employee from being certified for
other vacancies and promoted.
In the case where the vacancy is filled by a promotion from
an eligible list, and the employee on leave is honorably discharged
from the service and, within 60 days thereafter, presents himself
to the Director of Public Safety for resumption of his duties on the
Police Bureau he shall, if a vacancy exists, be appointed to that
vacancy. If no vacancy exists, then the employee returning from an
authorized military leave shall have the right to bump the employee
in that rank with the least seniority in that rank, provided either
are not temporary or probationary employees who shall be bumped first.
In administering the bumping provisions of this section, the same
procedure as outlined under lay-off shall apply, except that no employee
shall be separated from the Police Bureau because of a returning military
serviceman and Council shall approve a new patrolman position if necessary.
No leave of absence shall be granted for military service to
exceed the period of time of the employee's original enlistment
period or to exceed the time of the employee's original call-up
period. Any employee who elects voluntarily to remain in the military
service after his initial period of enlistment or call-back shall
be deemed to have resigned from the Police Bureau.
[Ord. 42-1971 § 5, passed 6-30-1971]
Any employee in the classified service wishing to leave the
City service in good standing shall file with the Chief of Police,
at least two weeks before leaving, a written resignation stating the
date resignation shall become effective and the reason for leaving.
[Ord. 42-1971 § 5, passed 6-30-1971]
An employee who has resigned in good standing and who, within
30 days from the date of his resignation, has requested reinstatement,
may have his name placed on a reinstatement list and within 30 days
be reinstated.
This period of 30 days, or less, shall be considered as a temporary
separation from the Police Bureau. Any resignation from the Police
Bureau in excess of 30 days, shall not be considered to be a temporary
separation.
[Ord. 42-1971 § 5, passed 6-30-1971]
Any employee in the classified service who resigns without giving
the Chief of Police two weeks advance written notice of his resignation
shall be considered to have resigned not in good standing. An employee
resigning not in good standing shall not be eligible for reinstatement.
[Ord. 42-1971 § 5, passed 6-30-1971]
The Mayor may lay-off an employee in the classified service whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position in accordance with Section 133.44, or because of change in organization. No employee with tenure shall be laid off while there is a temporary or probationary employee in the rank from which the employee with tenure is to be laid off.
[Ord. 42-1971 § 5, passed 6-30-1971]
In a lay-off, each rank shall be considered separately. The
order in which employees shall be laid off within any single rank
shall be as follows: first, temporary employees; second, probationary
employees; third, employees with tenure.
The order of lay-off for any one of the three above kinds of
employees shall be in reverse order of total continuous service within
the rank in which the lay-off is occurring.
[Ord. 42-1971 § 5, passed 6-30-1971]
Any employee with tenure, who is laid off, shall displace an
employee in the next lower level rank. The determination of the employee
to be displaced shall be in accordance with the order in lay-off.
This bumping procedure shall be carried through the ranks so that
only the least senior employees in the lowest rank are actually separated
from the Bureau.
[Ord. 42-1971 § 5, passed 6-30-1971]
When the Mayor has determined that an employee with tenure is
unable to successfully perform the duties of his position, he may
demote that employee to a position in a lower rank, the duties of
which he is able to perform. The employee demoted shall have tenure
in the new rank.
Generally speaking, demotion should only be made when the employee
cannot perform the duties of his job for physical or mental reasons.
If the reasons are disciplinary in nature, then a proper form of disciplinary
action should be taken.
Every person so demoted, except those demoted in accordance with Section 133.55 of these rules, shall have the right to have his case investigated by the Board and to have a hearing in accordance with the provisions of these rules.
[Ord. 42-1971 § 5, passed 6-30-1971]
Suspensions shall be authorized and given for proven infractions of the Bureau's discipline code. Any authorized suspension shall be noted in the offending officer's service record and may result in a loss of points as indicated in Section 133.13 when that officer is considered for promotion or demotion and formal police training is a part of the examination. Suspensions of more than one day but less than 11 days may be recommended by any immediate superior officer of the rank of sergeant or higher, but may not be imposed without the approval of the Director of the Department of Public Safety.
A suspension of more than three days or an accumulation of five
or more days of suspensions in a sixty-day period may be appealed
within 30 days of the date of suspension to the Board which shall
have the authority to overrule any suspension determined to be capricious
or unjust, to order the officer in question reinstated with or without
loss of pay, and to order or not to order the suspension removed from
the officer's service record. Any suspension in excess of 10
days shall be governed by the provisions of the Third Class City Code.
[Ord. 42-1971 § 5, passed 6-30-1971]
Any employee, with or without tenure, may be dismissed by the
Director of the Department of Public Safety for good cause which shall
be clearly stated in writing by the Director. With regard to an employee
with tenure, no dismissal shall take effect until at least 10 days
from the day a written statement of reasons therefore is submitted
to the Board and to the employee in question. Hearings on charges
for discharge shall be held in accordance with the provisions of the
Third Class City Code.
Although dismissals and other disciplinary actions may be based
on other causes, any one or more of the following shall be sufficient:
(a)
Incompetency or inefficiency in the performance of duties.
(b)
Conviction of a criminal offense or of a misdemeanor involving moral
turpitude subsequent to his original appointment.
(c)
Willful violation of any of the provisions of the rules and regulations
of the Bureau of Police or of these rules.
(d)
Willful violation of any lawful and meaningful regulation, order
or direction made or given by a superior officer, where such violations
have amounted to insubordination or serious breach of proper discipline
or have resulted in a loss or injury to the public or injury to a
fellow employee.
(e)
Wantonly offensive conduct or language toward the public or fellow
officers, or abusive public criticism of a superior or public official
without first taking up such complaints through proper channels.
(f)
Carelessness or negligence in the use of City property.
(g)
Repeated failure to pay or make reasonable provisions for the payment
of just debts.
(h)
Attempting to induce any officer or employee of the City to commit
an act in violation of any lawful or reasonable regulation.
(i)
Hindering the regular operation of the Police Bureau or its divisions
because of excessive absenteeism or by falsely claiming to be sick
when physically able to work.
(j)
Failure to notify the Chief of Police, within one working day, of
any suspension or the revocation of the employee's valid operator's
or chauffeur's licenses.
[Ord. 42-1971 § 5, passed 6-30-1971]
Any employee with tenure may make an appeal to the Board and
request a hearing if he:
(b)
Feels that any other provisions of these rules have been interpreted
or administered to his detriment.
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Any such appeal or request for hearing to the Board shall be
in writing and shall set forth the action complained of and the remedy
sought by the appellant. Such request shall be filed within 10 working
days of the date the action causing the grievance took place.
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Any employee with tenure appearing before the Board may be represented
by counsel or by a member of a recognized employee organization and
may present witnesses and such other testimony to the Board as may
support his case.
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The President of the Board shall have the right to administer
oaths and to subpoena records and require the attendance of witnesses
at such hearings. Technical rules of evidence shall not apply at such
hearings.
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All decisions of the Board as to matters properly appealed to
them shall be final.
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These hearings shall in no way be construed to include the hearings
on charges for discharge before Council, as set forth in the Third
Class City Code.
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[Ord. 42-1971 § 5, passed 6-30-1971]
The Board shall convene a hearing within 15 days of receiving
a written request, therefore, except that by mutual consent of the
parties involved, hearing dates may be postponed beyond 15 days.
The Board shall deliver its final decision to the Director of
the Department of Public Safety within 10 days after the conclusion
of the hearing.
[Ord. 42-1971 § 5, passed 6-30-1971]
Job performance rating reports, relative to conduct, capacity
and performance of all Police Bureau employees, shall be made no later
than 1-1-1975, by the Police Bureau at least once a year on forms
and in the manner prescribed by the Board.
In the case of probationary employees, the job performance rating shall be made approximately two weeks before the end of the probationary period and shall be a basis for the Chief of Police certifying to the Board the probationer's suitability or lack of suitability for the rank, in accordance with the provisions of Section 133.94.
Job performance ratings shall be administered under the general
direction of a Division Inspector. The employees of each division
shall be initially rated by their immediate supervisor, with such
ratings reviewed by the Division Inspector. No ratings made by the
employee's immediate supervisor shall be changed by the Inspector,
except with the concurrence of the supervisor. All differences of
opinion between the employee's immediate supervisor and the Division
Inspector shall be resolved by the Chief of Police in a conference
attended by both.
The final job performance ratings shall be shown to the employee
concerned and there shall be a conference between the employee and
his immediate supervisor to discuss the ratings.
Any sworn employee of the Bureau shall have the right to appeal
his job performance rating within 30 days of receipt of such rating.
All such appeals shall go to the Division Inspector who shall review
the appeal and then make a recommendation of the disposition of the
appeal which shall be forwarded to the Chief of Police within 10 days
of the receipt of such appeal. The decision of the Chief of Police
shall be final on all appealed job performance ratings and such decisions
shall be rendered within 10 days of receipt of the recommendation
from the Division Inspector.
