§ 2. Appeal  


Latest version.
  • Within ten calendar days following the filing of such order resulting in reduction, suspension of more than three working days, or dismissal, the employee may file an appeal, in writing, with the Commission. In the event such an appeal is filed, the Commission shall forthwith notify the appointing authority and shall hear, or appoint a trial board to hear, such appeal within thirty days from and after its filing with the Commission, or within such reasonable additional time as determined by the Commission and it may affirm, disaffirm, or modify the judgment of the appointing authority.

    In cases of dismissal or reduction in pay for disciplinary reasons, either the appointing authority or the officer or the employee may appeal from the decision of the Commission to the court of common pleas of Hamilton County.

    In the case of the suspension for any period of time, or demotion, or dismissal of a chief of police or fire chief or any sworn, uniformed member of the Police or Fire Division, the appointing authority shall furnish such chief or member of a division with a copy of the order of suspension, demotion or dismissal, which order shall state the reasons for such action. Such order shall be filed with the Commission. Within ten days following the filing of such order such chief or member of a division may file an appeal, in writing, with the Commission. In the event such appeal is filed, the Commission shall forthwith notify the appointing authority and shall hear, or appoint a trial board to hear, such appeal within thirty days or within such reasonable additional time as determined by the Commission from and after its filing with the Commission, and it may affirm, disaffirm or modify the judgment of the appointing authority. An appeal on questions of law and fact may be had from the decision of the Commission to the court of common pleas for Hamilton County. Such appeal shall be taken within thirty days from the finding of the Commission.

    The Commission may appoint a Trial Board, consisting of one, two or three members, providing that at least one of the members shall be a member of the Commission who shall act as Chairperson. The Trial Board may hear appeals of any matter within the jurisdiction of the Commission, and shall recommend its disposition to the Commission. Determination of an appeal is not final until reviewed and acted upon by the full Commission. The Commission may alter, amend, affirm or reverse the recommendation of the Trial Board, or may order a rehearing of the appeal.