Article XVII - Disciplinary Action
Last Modified: 09/01/2024 08:40
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Section 1
Complaints or statements concerning the conduct or actions of any Department member shall be handled by a Deputy Chief designated by the Chief. The Deputy Chief shall investigate, or cause an investigation to be made, to determine the facts in the matter. If it is determined that charges should be brought against a member, the Deputy Chief shall cause charges to be preferred and shall set a date and time for the Chief to hear the case. The Chie f shall hear the evidence in support of the charges and the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The Chief shall take whatever disciplinary action is merited based on the evidence they have heard. If the offender is found guilty of any of the offenses hereinafter set forth, they may be subject to dismissal, demotion, suspension, assignment of extra duty, withholding of certain privileges, or reprimand, as determined by the Chief.
Section 2
If any Department member should be dismissed, demoted, or suspended as a result of a hearing before the Chief, they shall have the right to appeal such action as set forth in the Civil Service Rules of the City of Toledo and/or otherwise stated in the applicable collective bargaining agreement.
Section 3
Pursuant to the Charter of the City of Toledo, the Chief or Acting Chief shall have the exclusive right to suspend members of the Department.
Section 4
In unusual circumstances, a Battalion Chief may temporarily relieve a subordinate from responding with fire apparatus for serious breach of discipline or violation of the rules, regulations, or orders of Department. Whenever a Battalion Chief relieves such member from duty, they shall immediately inform their immediate superior, both orally and in writing, of the member's name, the particular rule or order violated, specific information concerning the violation, the names and addresses of any and all witnesses, and all other information that may bear on the case. If relieved from such duty, the member so relieved shall continue on the payroll pending the investigation of the charge or until suspended by proper authority.
Section 5
Any Department member who has been suspended shall surrender their badge and any other City property in their possession upon demand of the Chief. They will not be permitted to wear any part of their uniform during any period of their suspension.
Section 6
Any Department member suspended by proper authority shall not be restored to duty pending investigation or hearing of charges except on orders of the Chief.
Section 7
For offenses committed or violations of any of these Rules and Regulations which do not warrant removal, suspension or demotion, the Chief may discipline members of the Department by reprimand, assignment of special duties, or withholding of certain privileges. An entry shall be made upon the official record of each member of all disciplinary action taken against them.
Section 8
Actions or conduct which shall be cause for disciplinary action are exemplified by, but not limited to, those listed in Article XIX, General Rules for All Members.