Rule 222

                                                                                                                                                                      Employee Separation Procedure

                                                      Applicability:    Rule 222 shall apply to all classes of the Uniformed Ranks of the San Francisco Police Department.

     Article I:          Separation Procedures

     Article II:         Termination of Temporary Employee

    Article III:       Resignation - Services Unsatisfactory

     Article IV:       Absence from Duty Without Leave

      Article V:         Request to Remove Non-Permanent Ban

Rule 222

                                                                                                                                                                   Employee Separation Procedure

                                               Article I:  Separation Procedures

Applicability:    Rule 222 shall apply to all classes of the Uniformed Ranks of the San Francisco Police Department.

Sec. 222.1       Rules of Procedure Governing Separation Hearings

      222.1.1      This Article prescribes the procedures governing the separation of the

                        1)   Temporary employee from a list

                        2)   Dismissal of permanent employee

      222.1.2      A notice of termination on the form prescribed by the Human Resources Director from the appointing officer to the employee detailing the specific reason(s) for the termination, shall serve as official notice of such termination.  The notice of termination shall be sent by certified mail or personally delivered.  Copies of the termination form must be filed in the Department of Human Resources.

      222.1.3      The notice of termination must include the following information:

                        1)   The employee has the right to a hearing before the Civil Service Commission provided that a request for hearing is made in writing and is received by the Executive Officer within twenty (20) calendar days from the date of termination of appointment or from the date of mailing of the Notice of Termination whichever is later.  In the event the 20th day falls on a non-business day, the deadline shall be extended to the close of business of the first (1st) business day following the 20th day. 

                        2)   The decision of the Civil Service Commission may affect any future employment with the City and County of San Francisco. 

                        3)   Representation by an attorney or authorized representative of the employee's choice at the inquiry;

                        4)   Notification of date, time and place of inquiry a reasonable time in advance; and

                        5)   Inspection by the employee's attorney or authorized representative of those records and materials on file with the Executive Officer which related to the termination.

Sec. 222.1       Rules of Procedure Governing Separation Hearings (cont.)

      222.1.4      Any interested party may request a continuance of the inquiry.

      222.1.5      The stated reason(s) for the termination must be enumerated.  Records of warnings, reprimands and previous suspensions, if applicable to the reasons for termination, must be attached to the termination form.

      222.1.6      To the extent practicable, the departmental representative who has the most complete personal knowledge of the facts which constitute the basis for the termination shall appear when the matter is to be considered by the Civil Service Commission.  The matter will be heard in accordance with the procedures provided elsewhere in these Rules.  Interested parties may record the inquiry if they provide the necessary equipment.

Sec. 222.2       Eligibility Status Pending Civil Service Commission Action on Termination or Dismissal

                        Except as otherwise ordered by the Human Resources Director, pending action of the Civil Service Commission on termination of any appointment or upon preferral of charges for dismissal, the name of the appointee shall be placed under waiver for all appointment(s) on any eligible list on which the person has standing and shall be otherwise ineligible for any employment in the City and County service.

Sec. 222.3       Effect of Commission Approval of Termination or Dismissal

                        Unless specifically ordered otherwise by the Commission, approval of termination or dismissal shall result in the cancellation of all current examination and eligibility status, and all future applications will require the approval of the Human Resources Director, after completion of one year's satisfactory work experience outside the City and County service and by recommendation of the department head or Human Resources Director, the person shall be ineligible for future employment with the department from which separated.

Sec. 222.4       Effect of Failure to Request Civil Service Commission Review of Termination or Dismissal

      222.4.1      Failure to request a Civil Service Commission review within the twenty (20) day period as provided elsewhere within this Rule shall result in the following actions:

Sec. 222.4       Effect of Failure to Request Civil Service Commission Review of Termination or Dismissal

      222.4.1      (cont.)

                              1)   The adoption of the departmental recommendation as approved by the Human Resources Director; or approval of the separation, if such action is appropriate; and/or,

                        2)   Dismissal from the City and County service; and/or,

                        3)   The cancellation of all current examination and eligibility status; and/or,

                        4)   All future applications shall be subject to the review and approval of the Human Resources Director after satisfactory completion of one (1) year's work experience outside the City and County service; and/or

                        5)   By recommendation of the department head or Human Resources Director, the separated employee may not be employed with the same department in the future.

      222.4.2      This action shall be final and shall not be subject to reconsideration unless the person can present evidence in writing of being unable to communicate with the Civil Service Commission within thirty (30) days of being able to so communicate.  All requests for reconsideration shall be in writing and shall be processed in accordance with the procedure for reconsideration provided elsewhere in these Rules.

Rule 222

                                                                                                                                                                       Employee Separation Procedure

Article II:  Termination Of Temporary Employee

Applicability:    Rule 222 shall apply to all classes of the Uniformed Ranks of the San Francisco Police Department.

Sec. 222.5       Procedure for Termination of Temporary Employee

      222.5.1      A temporary employee may be terminated for cause by an appointing officer at any time.  The notification and hearing procedure shall be in accordance with the provisions of this Rule.

      222.5.2      The Civil Service Commission shall take one or more of the following actions: 

                        1)   Declare the person dismissed from the service and remove the name of the person from the eligible list;

                        2)   Order the name of the person removed from any other list or lists on which the person has eligibility;

                        3)   Restrict future employment as it deems appropriate. 

Rule 222

Employee Separation Procedure

Article III:  Resignation - Services Unsatisfactory

Applicability:    Rule 222 shall apply to all classes of the Uniformed Ranks of the San Francisco Police Department.

Sec. 222.6       Procedure for Review of Resignation - Services Unsatisfactory

      222.6.1      Notice of Proposed Action

                        If the services of a resignee are to be designated as unsatisfactory, the appointing officer or designated representative shall notify the resignee of intention to so certify the resignation.  The resignee shall be informed of the reasons for this determination and shall be offered an opportunity for review by the appointing officer or designated representative.

      222.6.2      Action by Appointing Officer

                        As a result of review, if such review is requested by the resignee, the appointing officer may amend or sustain the certification of services.

      222.6.3      Notification to Employee

                        If the appointing officer amends the resignation, the resignee shall immediately be notified by copy of the resignation form with services clearly marked satisfactory.  If the appointing officer sustains the original determination, the appointing officer shall immediately notify the resignee on the separation form prescribed by the Department of Human Resources.

      222.6.4      Report Requirement

                        A resignation certified by the appointing officer as services unsatisfactory shall be accompanied with a statement of the reasons for this action and shall contain a statement that the notification and review procedure outlined above was completed.

Sec. 222.6       Procedure for Review of Resignation - Services Unsatisfactory (cont.)

      222.6.5      Civil Service Commission Review

                        The Civil Service Commission shall consider the resignations of persons whose services have been designated as unsatisfactory provided that a request for review is made in writing and is received in the Civil Service Commission office within twenty (20) calendar days of the date of mailing of the Notice of Separation designating the services as unsatisfactory.  In the event the 20th day falls on a non-business day, the deadline shall be extended to the close of business on the first (1st) business day following the 20th day.  The Civil Service Commission shall take one or more of the following actions:

                        1)   Accept the resignation as certified;

                        2)   Remove the name of the resignee from other eligible lists on which the eligible's name appears;

                        3)   Restrict participation in future examinations as it deems just;

                        4)   Restrict future employment as it deems just;

                        5)   Accept the resignation as certified and order that future employment be without restriction including the right to request reappointment; or

                        6)   Remand the resignation to the appointing officer for reconsideration.

      222.6.6      Failure to Request Review

                        1)   Failure to request a Civil Service Commission review within the (twenty) 20-day period provided above shall result in the adoption of the departmental recommendation as approved by the Human Resources Director; or the cancellation of all current examination and eligibility status; and all future applications shall be subject to the review and approval of the Human Resources Director after satisfactory completion of one (1) year's work experience outside the City and County service.

                        2)   This action shall be final and shall not be subject to reconsideration unless the person can present evidence in writing of being unable to communicate with the Civil Service Commission within thirty (30) days of being able to so communicate.  All requests for reconsideration shall be in writing and shall be processed in accordance with the procedure for reconsideration provided elsewhere in these Rules.

Sec. 222.6       Procedure for Review of Resignation - Services Unsatisfactory (cont.)

      222.6.7      Hearing Procedures

                        Hearings pursuant to this Rule shall be conducted in accordance with the procedures provided elsewhere in these Rules.

      222.6.8      Waiver of Employment

                        Pending final action, the resignee shall be ineligible for all employment.

Rule 222

Employee Separation Procedure

Article IV:  Absence From Duty Without Leave

Applicability:    Rule 222 shall apply to all classes of the Uniformed Ranks of the San Francisco Police Department.

Sec. 222.7       When Five Days or Less

                        Absence from duty without proper authorization for any period of time up to and including five (5) or less working days shall be cause for disciplinary action by the appointing officer.

Sec. 222.8       When Over Five Days - Automatic Resignation

      222.8.1      Absence from duty without proper authorization in excess of five (5) continuous working days shall constitute abandonment of the position and shall be reported to the Department of Human Resources and recorded as an automatic resignation.  The appointing officer shall notify the employee on the form prescribed by the Human Resources Director.  The employee shall be notified by certified mail.

      222.8.2      The automatic resignation shall be subject to appeal to the Civil Service Commission, if so requested by the person in writing, within fifteen (15) calendar days of the mailing date of the notice of automatic resignation.  The fifteen (15) days includes the date on which the notice was mailed.  The Civil Service Commission shall hear such appeal.  The decision of the Civil Service Commission shall be final and not be reconsidered.

      222.8.3      Failure to appeal within the fifteen (15) day period shall result in the adoption of the recommendation of the department head as approved by the Human Resources Director or the cancellation of all current examination and eligibility status; the review and approval of the Human Resources Director, of all future applications after satisfactory completion of one year's work experience outside the City and County service.

      222.8.4      If the person can present evidence in writing of being unable to communicate with the appointing officer within thirty (30) calendar days of being able to so communicate, the automatic resignation may then be subject to reconsideration by the Civil Service Commission.  All requests for reconsideration will be in writing and will be processed in accordance with the procedures for reconsideration provided elsewhere in these Rules.