19790220 1979-2 ORDINANCE NO. i979-2
AN ORDINANCE AMENDING SECTION 2-47.1 (d)
AND (e) OF CHAPTER 2, ARTICLE VIII OF THE CODE
OF THE CITY OF FAIRFAX, VIRGINIA,
PROVIDING FOR PROCEDURAL GUARANTEES
FOR LAW-ENFORCEMENT OFFICERS.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Article VIII of Chapter 2 of the Code of the
City of Fairfax, Virginia, be and it hereby is amended and
re-enacted in the following manner:
1. That section 2-47.1 (d) and (e) of the said Article
be and are hereby amended and re-enacted to read in their
entirety as follows:
"(d) Notice of Charges. Before any dismissal,
demotion, suspension without pay or transfer for disciplinary
reasons may be imposed, the following shall be complied with:
(1) The officer shall be notified in writing
of the charges, the basis therefor, and the action which may
be taken.
(2) The officer shall be given an opportunity,
within five (5) calendar days after the date of the written
notice provided for in subsection (1), to respond orally and in
writing to the charges. In making his response, the officer
may be assisted by counsel at his expense.
(3) The officer shall, within five (5) calendar
days after making a written or oral response to the charges,
be notified in writing of the intention of the Chief of Police
to take further action on the charges or to discontinue action
thereon.
(e) Hearing.
(1) Before any dismissal, demotion, suspension
without pay or transfer for disciplinary reasons may be imposed,
the officer charged may, within ten (10) calendar days following
the receipt of written notice of the charges (pursuant to
subsection (d) (1) above), or, if the officer has timely
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responded to the charges (pursuant to subsection (d) (2)
above), then he may within three (3) calendar days following
receipt of a written notice of the intention to take further
action on the charges (pursuant to subsection (d) (3) above),
request a hearing. Such request shall be filed with the Chief
of Police. If such request is timely made, a hearing shall be
held no earlier than five (5) calendar days but no later than
fourteen (14) calendar days following the date of the request,
unless an earlier or later date is agreed to by the officer and
the department. At the hearing, the officer and the department
shall be afforded the opportunity to present evidence and to
examine and cross-examine witnesses. The department and the
officer may be represented by legal counsel of their respective
choice. The officer is solely responsible for payment of compen-
sation to this attorney. The panel conducting the hearing shall
rule on the admissibility of evidence. A record shall be made
of the hearing."
This amendment shall become effective upon adoption
Introduced: February 6, 1979
Adopted: February 20, 1979
ATTEST:
~be~ty City Clerk
Mayor