Regular status employees may be disciplined for cause. Cause
for disciplinary action shall include but is not limited to unsatisfactory
work performance by an employee or undesirable conduct which would
prejudice the public interest. Disciplinary action shall be taken
for any of the following:
A. Violation of personnel or departmental rules and regulations or orders.
B. Insubordination.
(1) Failure to comply with the orders of a supervisor, including refusal
to work overtime.
(2) Failure or inability to perform adequately the assigned duties of
the job.
C. Misconduct: conduct or language toward the public or toward City
employees which discredits the public service.
D. Abuse or misuse of sick leave: claims of illness under false or misleading
pretenses.
E. Theft, destruction, or negligent use of City money or property.
F. Drug or alcohol abuse violating pertinent City drug/alcohol policies.
G. Driving while intoxicated pursuant to administrative regulation.
H. Gifts or gratuities: accepting gifts or gratuities in exchange for
the influence of the employee in the performance of his or her official
City duties and/or acceptance by the employee of a gift for preferred
consideration.
I. Use of official position or authority for personal profit or advantage.
J. Disclosure of confidential information from City records or documents
to any unauthorized source. Falsification, unauthorized destruction,
or unauthorized use of City records, reports or other data belonging
to the City.
K. Conviction of a felony or of a crime involving moral turpitude.
L. Distribution of literature, vending, soliciting or collecting contributions
on City time and in public areas without prior authorization of the
City Manager.
M. Other acts or omissions that adversely affect the welfare of citizens,
other employees, or the effective operation of the City.
N. Negligence and/or noncompliance with established procurement rules
and regulations.
O. Sexual harassment as contained in §
66-73A herein.
P. Any other cause inherent in/or related to the qualifications of the
employee or any failure to properly perform some essential aspect
of the employee's job function.
Consistent with the type and severity of cause for disciplinary
action, the disciplinary authorities herein designated may take the
following disciplinary actions:
A. Written warning. A supervisor shall provide an employee a written
warning for cause. The employee shall acknowledge receipt of written
warning. A copy of the written warning shall be kept in the employee's
personnel file in the Human Resource Department.
B. Reprimand. A supervisor may reprimand an employee. Such reprimand
shall be in writing and shall be provided to the employee, and employee
shall acknowledge receipt of such reprimand. A copy of the reprimand
shall be kept in the employee's personnel file in the Human Resource
Department.
C. Suspension. An employee may be suspended from employment without
pay. A supervisor may recommend and the department director or the
City Manager may suspend an employee without pay for a period of up
to 30 working days. The cause for such suspension shall be documented
and shall be provided to the employee immediately and a copy submitted
to the Human Resource Director within 24 hours of the suspension notice
being given to the employee. The employee shall acknowledge receipt
of suspension. A copy of the notice of suspension shall be kept in
the employee's personnel file in the Human Resource Department. Issuance
of a suspension shall require the employee to be removed from employment
for said period of suspension.
D. Demotion. A supervisor may recommend and the department director
or City Manager may demote an employee to a lower classification.
The cause for such demotion shall be documented in writing and shall
be submitted to the employee and to the Human Resource Director prior
to/or at the time of the demotion. The employee shall acknowledge
receipt of written demotion by signing off on written notice. A copy
of such notice of demotion shall be kept in the employee's personnel
file in the Human Resource Department.
E. Administrative leave without pay for DWI violation set forth pursuant
to administrative regulation. When an employee's driver's license
is revoked for driving while intoxicated, while on- or off-duty, the
employee shall be placed on leave without pay on the grounds that
he/she cannot perform the duties as required by job description until
the driver's license is restored, provided that such restoration occur
within one year from the effective date of the revocation or suspension
of the driver's license.
F. Dismissal. A supervisor may recommend and the department director
or the City Manager may dismiss an employee. The cause for such a
dismissal shall be documented in writing. The reason for dismissal
must be comprehensive and shall be provided to the employee and submitted
to the Human Resource Director within 24 hours of the date dismissal
notice was provided to the employee. The employee shall acknowledge
receipt of written demotion by signing off on written notice. A copy
of the notice of dismissal shall be kept in the employee's personnel
file in the Human Resource Department.
G. Right to respond to charges. (Loudermill.) Prior to taking any action
against an employee that will result in the loss of employment or
loss of pay or benefits, the employee will be notified of the action
that is contemplated and will be given an opportunity to respond to
the charges before any action is taken.