[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:
(a) 
Has been suspended in accordance with the provisions of Section 133.120 of these rules.
(b) 
Feels that any other provisions of these rules have been interpreted or administered to his detriment.
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.
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.
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.
All decisions of the Board as to matters properly appealed to them shall be final.
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.
[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.