Section 15-115. Rehearing of charges; reinstatement of members of department  


Latest version.
  • a.  Upon  written  application  to  the  mayor  by the person aggrieved,
      setting forth the reasons for demanding such rehearing, the commissioner
      may rehear the charges upon which a member or a probationary  member  of
      the  uniformed  force  has  been  dismissed,  or  reduced  from the rank
      theretofore held by him or her. Such person or persons shall be required
      to waive in writing all claim against the city for back  pay  and  shall
      obtain  the  mayor's  consent  to  such rehearing, such consent to be in
      writing and to state the reasons why such charges should be reheard.
        b. Such application for a rehearing shall be made within one year from
      the date of the removal or reduction in rank.
        c. If the commissioner shall  determine  that  such  member  has  been
      illegally  or  unjustly  dismissed  or  reduced,  the  commissioner  may
      reinstate such member or restore such member to the rank from  which  he
      or  she was reduced, as the case may be, and allow such member the whole
      of his or her time since such dismissal to be applied on his or her time
      of service in the department, or the commissioner may grant  such  other
      or  further  relief as he or she may determine to be just, or may affirm
      the dismissal or  reduction,  as  he  or  she  may  determine  from  the
      evidence.
        d.  If  the  applicant be a probationary member of the department, the
      commissioner may allow such probationary member the time already  served
      as  a  probationary  member to count as time served, but shall not allow
      the time between the date of his or her  dismissal  and  restoration  to
      count as service in the department.
        e.  Employees  of  the  department,  not  entitled  to  a trial before
      dismissal, and who were given an opportunity to explain  charges  before
      they were removed, may apply to the mayor, within one year from the date
      of the order separating them from the service, for a further opportunity
      to explain, setting forth the reasons for such action. The mayor, in his
      or  her  discretion,  may  grant  such  application.  The  commissioner,
      thereupon, shall afford a further opportunity to the dismissed  employee
      to  explain  the  charges filed against him or her, on which the removal
      was based. Thereafter the commissioner, in his or  her  discretion,  may
      reinstate the dismissed employee or reaffirm the previous removal. Prior
      to  any  reinstatement  hereunder,  such  former  employee  shall file a
      written statement waiving all  claim  or  claims  for  back  salary  and
      damages of any kind whatsoever.