2.030 - Retirements & Separations

Effective Date: 05/01/2017

2.030-POL-1 Resignations & Retirements

1. Resignations Shall Be Made in Writing and Submitted to the Chief of Police at Least Two Weeks in Advance of the Final Day of Employment

The Public Safety Civil Service Secretary may permit the withdrawal of a resignation only upon a written request filed within 180 days from the effective date of the resignation, if the request for withdrawal bears the favorable recommendation of the Chief of Police (Public Safety Civil Service Rule 17.02).

a. A Former Employee Who Resigned May Request the Return of His or Her Name to the Proper Eligible Register for His or Her Class (Public Safety Civil Service Rule 10.05)

2. Employees Nearing the Date of Retirement Shall Notify the Human Resources Section at Least Two Weeks Prior to Their Last Day of Work

3. When any Employee Permanently Vacates His or Her Office, the Employee Shall Surrender all Department Equipment and Property to the Quartermaster

The Human Resources Section shall ensure that a separating employee has returned all Department-issued equipment and completed Return of Equipment (form 1.75)

4. The Human Resources Section Shall Notify a Separating Employee’s Supervisor When an Employee is Starting the Separating Process and Shall Notify the Supervisor of any Outstanding Equipment

Supervisors are responsible for ensuring that separating or retiring employees return all Department property.

Supervisors are responsible for making all reasonable attempts at recovering Department property that has not been returned. Efforts may include phone calls, letters, and in-person contacts. All efforts must be documented.

If, after reasonable efforts at recovery, Department property is still not returned, the supervisor shall complete a memo detailing the outstanding items and the efforts made to recover them. All documentation shall be attached to the memo, which shall be forwarded through the chain of command to the Human Resources Director, with a copy to the Quartermaster Unit.

5. In the Event of Death of an Employee, the Appropriate Captain/Manager Shall Make Proper Disposition of all Department Property That was in the Possession of the Deceased

6. Lieutenants and Above Must Return Badges and Cap Shields to the Fiscal, Property, and Fleet Management Section

2.030-POL-2 Discharges

1. Non-Sworn Employees May Be Discharged From the Department Only in Accordance With City Personnel Rule 1.3.2

2. Sworn Employees May Be Discharged From the Department Only in Accordance With Public Safety Civil Service Rule 5.01

3. Employees May Only Be Discharged for Good Cause Shown

Although a discharge may be made for any other good cause, the following are declared to illustrate adequate causes for discharge

1. False or fraudulent statements or fraudulent conduct as an applicant, examinee, eligible, or employee, or such actions by others with the applicant’s, examinee’s, eligible’s, or employee’s connivance.

2. Conviction of a criminal offense or misdemeanor involving moral turpitude.

3. Willful or intentional violation of any lawful and reasonable regulation, order or direction made or given by a superior officer.

4. Willful or intentional violation of any of the provisions of Civil Service law.

5. Incompetence or inefficiency in the performance of the duties of the position.

6. Improper or unauthorized use of City property or equipment.

7. Failure to pay or make reasonable provision for future payment of just debts.

8. Use of, or attempts to use, political influence or payment in securing appointment, promotion, transfer, leave of absence or increase in pay.

9. Aiding in assessment or collection from any employee of the City appointed under Public Safety Civil Service Rules for the purpose of securing the nomination or election of any person to municipal office.

10. An attempt to induce any employee of the City to commit an illegal act or act in violation of any lawful or reasonable Departmental regulation.

11. Taking or giving of bribes.

12. Abusive or improper treatment of a prisoner or one who is under arrest or sentence; provided, the acts committed were not necessarily or lawfully committed in self-defense, to protect the lives of others, or to prevent the escape of anyone lawfully in custody.

13. Unexcused absence from duty for three days.

- Discharge in such case is mandatory unless the employee is otherwise separated from the class to which probationary appointment has been made.

14. Other employment for which a Secondary Employment Permit was not obtained and which in any way conflicts with the City's interests or interferes with City employment.

15. Failure to successfully complete firearms qualification.

4. In the Event an Employee is Discharged for Good Cause Shown, the Employee Will Receive a Written Notification

The written notification shall contain the following:

1. The reason for the discharge.

2. The effective date of the discharge.

3. The status of any retirement, insurance or other benefit accounts.

5. A Regular Employee Who is Discharged or Demoted May, Within 10 Days After Receiving a Notice of Discharge, Make Written Appeal to the Public Safety Civil Service Commission for a Hearing

The Commission will proceed to conduct a hearing at which the Department and the employee involved will be entitled to the attendance of witnesses, and the employee may be represented by counsel.

After such hearing, the Commission shall make its finding and decision and certify the same to the Chief of Police, either sustaining the action or reinstating the employee (Public Safety Civil Service Rule 6.)