[Amended by MC 1985-22, 1, December 2, 1985]
Whenever a member of the Police Division is served with a notice
of disciplinary action where the possible penalty is more than five
(5) days, the following procedure for selection of the Advisory Review
Board Panel will be followed:
(a) Composition of the Board.
(1)
When the member who is being charged is of the rank of Police
Officer, the Board shall be comprised of two (2) Police Officers,
one (1) Sergeant, and one (1) Lieutenant.
(2)
When the member being charged is of the rank of Sergeant, the
Board will consist of two (2) Sergeants and two (2) Lieutenants.
(3)
When the member being charged is of the rank of Lieutenant,
the Board will consist of two (2) Lieutenants and one (1) Captain.
(4)
When the member being charged is of the rank of Captain or above,
the hearing officers shall take the place of the Advisory Review Board
Panel.
(5)
Service on the Board is voluntary, and a member selected shall
be entitled to disqualify himself or herself from serving on the Advisory
Review Board Panel by notifying the Chief of Police via written report
requesting disqualification.
From the Advisory Review Board Panel, the Chief of Police and
the P.B.A. shall select, by lot, from the Advisory Review Board Panel
three Advisory Review Boards, to be referred to as Advisory Review
Board I, II and III. The composition of each Board shall be: One (1)
Lieutenant, One (1) Sergeant and Two (2) Patrolmen.
(a) Each of the foregoing Boards shall sit in accordance with the provisions
hereof on an alternate basis with Advisory Review Board I hearing
the first case.
(b) The Advisory Review Boards created under this section shall hear
and advise on cases involving any police officer below the rank of
Sergeant.
(c) In cases involving Sergeants and Lieutenants, a special board shall
be selected from the Advisory Review Board Panel by the Chief and
the P.B.A. consisting of four (4) members, two (2) of superior rank
and two (2) of the same rank as the charged officer.
The City Personnel Officer shall serve as non-voting Clerk to
the Internal Advisory Hearing Board and shall render such clerical
assistance and procedural advice as requested by the Board. The Clerk
shall not participate in the deliberation of the Board unless requested
to do so by a majority decision of the Board, which shall be determined
at the commencement of the deliberation.
[Amended by MC 1985-22, § 2, December 2, 1985]
(a) The Advisory Review Board shall have jurisdiction to hear all cases
where any officer of the Division of Police has been served with a
preliminary notice of disciplinary action and shall sit in attendance
with the Presiding Officers.
(b) The Advisory Review Board shall hear the evidence and make its recommendations
to the Hearing Officers. The recommendations of the Advisory Review
Board shall not be binding on the Presiding Officers, but shall be
taken into consideration by them when reaching their decision.
(c) The disciplinary hearing shall be held not less than fifteen (15)
days nor more than thirty (30) days after the employee is served with
notice of charges. The Police Officer shall be represented solely
by the PBA representative. Attorneys shall not be permitted to take
part in the hearing. The hearing shall be conducted informally. Witnesses
who appear at the hearing shall not be sworn in.
(d) If the Police Officer is found guilty, before the penalty is imposed,
the penalty shall be automatically reviewed by the Director of Public
Affairs and Safety or his designee within three (3) calendar days.
If the penalty is upheld or revised by the Director of Public Affairs
and Safety or his designee, such penalty shall be imposed immediately
after the Director of Public Affairs and Safety's or his designee's
decision. If the Police Officer chooses to appeal the decision of
the Director of Public Affairs and Safety or his designee, such appeal
shall be through the grievance procedure commencing at Step 5, the
City Administrator's level. The Department Director may overturn findings,
but may not increase the penalty.
The City Administrator and the Director of Public Affairs and
Safety shall sit as the Presiding Officers and conduct the hearing
in accordance with provisions of sec. f hereof. Any decision of guilt
must be unanimous, if both officers are presiding, or a "not guilty"
decision is mandated.
(a) Disqualification of Presiding Officer: The charged officer shall
have the right to petition for the removal of a presiding officer
for good cause shown.
1. Removal of City Administrator: If the charged officer desires to
petition for the removal of the City Administrator, he shall file
a verified petition setting forth his reasons for removal with the
Mayor and serve a copy on the Chief of Police. The Chief of Police
shall have 24 hours to file and serve a reply to the petition for
removal, a copy of which shall be served on the charged officer. The
mayor shall review the verified petition and reply, and in the event
he shall find that the charged officer will be prejudiced if the petition
is not granted, then he shall direct that the City Administrator be
removed as a presiding officer, and the case shall be heard by the
Director of Public Affairs and Safety.
2. Removal of Director of Public Affairs and Safety: Petition for removal
of the Director of Public Affairs and Safety shall be done in the
same manner as provided for in Sec. 5 (a) hereof except that the petition
shall be directed to the City Administrator who shall make the determination
in accordance with the provisions of this section.
[MC 1976-1, adopted February 2, 1976]
The officer charged shall have the right to appeal to the Civil
Service Commission or Superior Court, Law Division, in accordance
with rules governing appeals from actions of municipal agencies.