§ 28-11. Disciplinary actions.

(a)

Intent. Effective supervision and good employee relations should reduce to a minimum those instances necessitating disciplinary action. The establishment of rules and regulations and the imposition of disciplinary action for a violation thereof are not intended to restrict the rights of any employee, but are for the purpose of ensuring the rights of all and for securing cooperation and orderliness throughout the classified service. The severity of the disciplinary action imposed should be related to the gravity of the offense, the employee's record of disciplinary action and the disciplinary action imposed in similar cases. Any disciplinary action imposed shall be for just cause. The city will not allow discrimination against any employee because of race, color, religion, sex, age, national origin, disability or political affiliation.

(b)

Conduct subject to disciplinary action. The following actions shall constitute just cause for disciplinary action but the imposition of disciplinary action shall not be limited to the offenses set forth:

(1)

The conviction of a felony, or of a misdemeanor involving moral turpitude.

(2)

Excessive absenteeism.

(3)

Absence without leave, or failure to report after the expiration of a leave of absence.

(4)

Excessive tardiness.

(5)

Abuse of sick leave.

(6)

Insubordination or serious breach of proper discipline.

(7)

Inefficiency or incompetency.

(8)

Abuse or theft of city property.

(9)

The borrowing of city equipment for personal use without prior official permission.

(10)

The loss of a job requirement, such as the loss of a necessary license, which prevents the adequate performance of the essential functions of the position.

(11)

The willful making of false statements to supervisors, officials, the public, boards, commissions or agencies.

(12)

The violation of city ordinances, administrative regulations, departmental rules, or these rules and regulations.

(13)

The consumption, sale or possession of alcoholic beverages and/or illegal substances while at work, or being intoxicated on the job, or being otherwise affected on the job because of the prior use of some illegal substance.

(14)

The discovery of a false statement in an application.

(15)

Acceptance of gratuities in conflict with state law or city ordinance.

(16)

Engaging in offensive conduct or using offensive language toward the public, supervisory personnel or fellow employees.

(17)

Harassment on the basis of race, color, sex, religion, national origin, citizenship, age, or disability.

(c)

Types of disciplinary action. A department head, subject to the employee's right of appeal, as provided in section 28-12, shall have the following alternatives when disciplining an employee:

(1)

Reprimand.

a.

Oral reprimand. An oral reprimand is a progressive disciplinary measure which may be issued for an incident, action or behavior which does not warrant more severe disciplinary action. In the oral reprimand, the supervisor will verbally and privately explain to the employee that he is being reprimanded, describe the problem and indicate what must be done to correct the problem.

b.

Written reprimand. Where the incident, action, or behavior of the employee is such as not to initially warrant a more severe type of disciplinary action, a written reprimand may be issued for first or second offences, including, but not limited to, unauthorized absence from duty (for less than three days), abuse of sick leave privileges, frequent unexcused tardiness, inattention to duty, insubordination, improper conduct, or loss or destruction of city property. Written reprimands shall be issued by the department head to the affected employee and a copy of same shall be forwarded to the city administrator and filed in the personnel folder of such employee.

(2)

Suspension.

a.

A department head may, with the approval of the city administrator, suspend without pay any employee under his supervision for a period of not less than one or more than ten working days.

b.

A written statement specifically setting forth the reasons for such action and the length of time of such suspension shall be furnished by the department head to the affected employee, and a copy of same shall be sent to the city administrator and filed in the personnel folder of such employee within one working day of the effective date of the action.

c.

An employee may be suspended for a period longer than ten working days upon the express approval of the city administrator. The city administrator shall, within one working day of the decision, furnish a written statement to the affected employee advising the employee of the length of and the reason for the suspension.

d.

When an employee has been accused of serious misconduct or criminal behavior, the employee may be suspended with pay for a period of five days, during which the city administrator will conduct or have conducted an investigation to determine whether the pending charges will affect the employee's job performance or whether the conduct which resulted in the arrest is the basis for disciplinary action. Where the city administrator determines that an employee's return to work would not be in the best interests of the city, the employee will be given notice of his proposed indefinite suspension without pay, including the reasons for the suspension, and the employee will be given an opportunity to respond to the city administrator concerning those reasons. After the employee has had an opportunity to respond, the city administrator will issue a decision on the indefinite suspension.

(3)

Demotion.

a.

For just cause, a department head may reduce the salary of a regular employee within the range provided in the pay plan or demote the employee to a lower graded position. The department head shall take such action only after approval by the city administrator.

b.

A written statement specifically setting forth the reasons for any such action shall be furnished by the department head to the affected employee, and a copy of same shall be forwarded to the city administrator and filed in the personnel folder of such employee within one working day of the effective date of the action.

(4)

Dismissal.

a.

When a regular employee is charged with misconduct that serves as just cause for dismissal, the department head shall place the employee on a three-day, paid administrative suspension with a recommendation for dismissal.

b.

A written statement specifically setting forth the reasons for suspension with a recommendation for dismissal shall be furnished by the person proposing the dismissal to the affected employee, and to the city administrator, prior to the suspension.

c.

The city administrator shall ensure that a written notice of the charges has been furnished to the affected employee and shall conduct an investigation to ensure that the charges are substantiated and that no errors relevant to the charges were made.

d.

Within three working days of the affected employee being notified of all charges, the city administrator shall hold a conference at which the employee shall be authorized to present information which is pertinent to the charges on his behalf.

e.

The city administrator shall render a decision on the proposal for dismissal based on all of the relevant information.

f.

The city administrator shall advise the employee of his right to appeal the decision under the grievance procedures.

(5)

Notification of right of appeal. Any written notification submitted to a regular employee who is being subjected to disciplinary action shall set forth the right of the employee to appeal such action to the city council in the manner set forth in section 28-12. Oral and written reprimands are not grievable actions.

(Code 1985, § 3-911)