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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 1979-2 --2-- 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