[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 2204 § 1, 7-15-2002; Ord.
No. 2486 § 8, 10-15-2007]
The following shall be the general discipline policies of the
City:
A.
It shall be the duty of all City employees to comply with and to
assist in carrying into effect the provisions of the City's Personnel
Code. No regular employee shall be disciplined except for violation
of established Code provisions, and such discipline shall be in accordance
with procedures established by the Personnel Code.
B.
It is the duty of all employees to attempt to correct any faults
in performance when called to their attention and to make every effort
to avoid conflict with the City's Personnel Code.
C.
It is the duty of every supervisor to discuss improper or inadequate
performance with the employee in order to correct the deficiencies
and to avoid the need to exercise disciplinary action. Discipline
shall be whenever possible, of an increasingly progressive nature.
The steps of progression being:
D.
Except for appointed officers of the City or except as provided below,
the authority to undertake recognized forms of disciplinary action
rests with the department head for employees under that department
head and with the City Administrator (except for the Police Department).
A department head shall not dismiss an employee under the department
head until the department head first has consulted with both the City
Administrator and the City Attorney to ensure that the proposed dismissal
will be in accordance with this Personnel Code.
In the case of the Police Department, a Police Sergeant or Lieutenant may give an immediate suspension to an employee under his or her authority without approval of the Chief of Police when that employee is jeopardizing the health and safety of that employee or others. The suspension in this instance is of a temporary nature in order to provide time for the Police Sergeant or Lieutenant to consult with the Chief of Police regarding further action. A Police Sergeant or Lieutenant also may give a verbal warning without advance approval from the Chief of Police. Appointed officers of the City (set forth in Section 2-25) may only be dismissed as provided in Section 2-27 or other ordinance pertaining to that particular appointive officer.
E.
The disciplinary procedure should be taken as a whole. Nothing in this Chapter shall be taken as conferring any right of continued employment to an "at will" employee or officer, nor should an individual Section be taken to confer any specific rights to an employee or officer except those consistent with the entire procedure. See also Section 22-4.
[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 2204 §§ 2
— 3, 7-15-2002; Ord. No. 2486 § 9, 10-15-2007]
Disciplinary actions should be implemented in the following
manner:
A.
The type of disciplinary action selected to be imposed shall reflect
the severity of misconduct of the employee and shall be imposed only
after an investigation of the action is completed by the department
head, the City Administrator or the City Administrator's designated
representative. All reasonable efforts shall be made to insure due
process to the employee.
B.
In all cases except the issuance of a verbal warning to any employee,
a written notice of the action, signed by the department head, the
City Administrator, the Mayor or their designated representative stating
the reasons for the disciplinary action, shall be given to the employee.
A copy also shall be delivered to the personnel office for inclusion
in the employee's personnel file.[2]
C.
The following are types of disciplinary actions officially recognized
by the City:
1.
Verbal warning. An oral reprimand given by the employee's
supervisor. A record of the warning shall be kept by the supervisor
in the employee's file.
2.
Reprimand. A written notification of the employee's
unsatisfactory performance. Supervisors shall counsel each employee
on every reprimand placed within the employee's file.
3.
Special probation. The trial period of a specified
length of time during which the employee is required to fulfill a
set of conditions or to improve work performance or on-the-job behavior.
Failure to meet these probationary requirements will result in additional
disciplinary actions. A special probationary period may be placed
upon the employee in conjunction with another form of disciplinary
action. The written notice of probation shall include specific actions
taken, and the length of time of probation.
4.
Suspension. The removal of an employee from a position
for a specified period of time without pay. The length of suspension
shall reflect the severity of the employee's misconduct, but at no
time shall the suspension exceed thirty (30) days in one (1) calendar
year.[3]
5.
Demotion. The assignment of an employee from one
(1) class to another which has a lower pay range, lower pay step or
lower maximum rate of pay.
6.
Dismissal. The permanent removal of an employee
from City employment.
D.
Special conditions or additional required actions by the employee
may be imposed by the department head or City Administrator in conjunction
with recognized forms of disciplinary actions.
E.
Changes in pay or employment status as a result of a disciplinary
action shall become effective after the appropriate personnel forms
are signed by the City Administrator or his designated administrative
officer. An employee may file a grievance on the action after it has
become effective.
[Ord. No. 1425 § 1, 3-21-1988]
The following are the types of circumstances constituting cause
for disciplinary action, although it is not intended that this listing
be all inclusive, but merely suggestive of certain areas which would
be considered misconduct or impairment and subject to disciplinary
action up to and including immediate dismissal, and is intended to
include other actions when they directly reflect discredit upon the
municipal service of the City or directly hinder the effectiveness
of the City's operations:
A.
Commission of a criminal act and the subsequent finding of guilt
by a court of law when the criminal act:
B.
Introduction, possession, or use on City property or in City equipment
of intoxicating liquor or illegal drugs, or proceeding to or from
work under the influence of intoxicating liquor or illegal drugs.
C.
Refusing to work when called back for an emergency by the Department
head or an authorizing supervisor, or failing to appear when scheduled
for emergency work.
D.
Offensive conduct or language toward the public, City officers or
officials, or other employees.
E.
Insubordination, or the violation of any lawful and reasonable official
regulation made by the employee's supervisors.
F.
Violation of any of the provisions of the City Code or the Rules
and Regulations of the City of Centralia Police Department.
G.
Inducing or attempting to induce any City official, officer, or employee
to commit an illegal act or to act in violation of any lawful and
reasonable department or official regulation, or to participate therein.
H.
Willfully or corruptly deceiving or obstructing any person in respect
to that person's right to take part in any examination for admission
or promotion as a City employee.
I.
Furnishing special or confidential information for the purpose of
either improving or injuring the prospects or chances of a person
tested or to be tested or to be appointed.
J.
Damage of City property either intentionally or as a result of negligence.
K.
Taking leave without authority, failure to notify the supervisor
of intended absence, walking off the job without permission, tardiness,
excessive absenteeism, or any absence in excess of two (2) consecutive
days not specifically covered by authorized leave or excused by the
employee's supervisor.[2]
L.
Refusal or neglect to pay just debts. Maintenance of efforts to pay
debts must be shown to clear employee of neglect; a garnishment or
sequestration of wages is viewed with disfavor. As provided in Section
525.030(5.) of the Revised Statutes of Missouri, the City will not
terminate an employee for the sole reason that his earnings have been
subjected to garnishment or sequestration for any one indebtedness.[3]
[3]
State Law Reference — See RSMo. § 525.030.
M.
Repeated conviction while employed by the City on misdemeanors and/or
traffic charges.
N.
The willful bypassing of the chain of authority concerning personnel
matters or conditions of employment.
O.
Publicly exhibiting a poor attitude that adversely affects team effort,
morale, and attainment of City goals.
P.
Employee subsequently becomes physically or mentally unfit for the
performance of his duties.
Q.
Solicitation or receipt from any person of, or participation in,
any fee, gift or other valuable thing that is given in the hope or
expectation of receiving a favor or better treatment that given to
other persons or firms.
R.
Knowingly falsifying information on job application or other required
personnel forms.
S.
Failure to properly report accidents or personal injuries.
T.
Engaging in a physical fight with a supervisor, co-worker, or other
person during regular hours (with the exception of police officers
in the proper conduct of their duties).
U.
Harassing, molesting or otherwise bothering other employees to the
extent the employees are unable to complete their assigned tasks,
or the effective operation of City services is impaired.
W.
Engaging in activities which disrupt or which are intended to hinder
or interfere with the regular work activities of other City employees,
including concerted action with others to not report for duty or not
work at usual capabilities in performance of normal duties.
X.
Using official position with the City government or using City equipment
for personal gain.
Y.
Theft or misappropriation of City property.
Z.
Acts of incompetency.
AA.
Commission or omission of acts by an employee which makes the taking
of a disciplinary action necessary or desirable for the efficient
conduct of the business of the City or for the best interest of the
City government.
[1]
Cross Reference — Also see § 22-160(A) regarding
general harassment.
[Ord. No. 1425 § 1, 3-21-1988]
A written notice shall be given to each employee stating the
reason for the disciplinary action and the date it is to take effect.
The notice preferably shall be given to the employee at the time such
action is taken, and in any event not later that forty-eight (48)
hours from the date of the action. A copy of the notice signed by
the employee in the employee's file shall serve as a prima facie evidence
of delivery.
[1]
Cross Reference — Also see §§ 22-56(B),
22-108 of this chapter.
[Ord. No. 1425 § 1, 3-21-1988]
If an employee is warned or reprimanded, but does not receive
another reprimand for the same violation within one (1) year, the
original reprimand shall be removed from the employee's personnel
file.
[Ord. No. 1425 § 1, 3-21-1988]
Any probationary employee may be suspended, reduced in pay or
class, or removed at any time by the appropriate authority. Probationary,
temporary, seasonal, or part-time employees shall not have the right
of appeal from such action.
[Ord. No. 1425 § 1, 3-21-1988]
Often, the deterioration of an employee's conduct or performance
is a progressive problem and every effort should be made by the Department
Head to reverse this trend as soon as it is apparent. Based on this
philosophy, sufficient evidence should be available in the employee's
personnel file to justify the action taken. This should not, however,
be interpreted to limit the stronger disciplinary actions for instances
of willful misconduct.
[Ord. No. 1425 § 1, 3-21-1988]
The Board of Aldermen and the Mayor of the City of Centralia
shall be the Personnel Board of Review for the purpose of hearing
employee appeals pursuant to this Chapter.
[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 2486 § 10, 10-15-2007]
Except as provided below, any permanent employee who is dismissed
for cause or suspended for more than three (3) consecutive days, or
disciplined in such a manner as to suffer a loss of compensation,
may appeal that action in writing to the Personnel Board of Review
within ten (10) calendar days after the effective date of action.
No later than ten (10) working days after the receipt of a written
appeal, the Personnel Board of Review shall fix a time and place for
convening a hearing. Upon appeal, the appealing employee, the City
Administrator and the disciplinary authority whose action is being
appealed shall have the right to be heard by and present all the facts
relating to the matter to the Board. The technical rules of evidence
shall not apply in the conduct of inquiry. A record shall be made
of the proceedings and made available to the employee upon payment
of the actual costs of reproducing the record. "At will" employees
or officers separated from employment with the City by the Board of
Aldermen or the City Administrator shall not have the right of appeal
described in this Section.
[Ord. No. 1425 § 1, 3-21-1988]
A Department Head may institute a nondisciplinary suspension
of an employee with or without pay:
1.
When the employee has been arrested for a serious crime and is imprisoned
pending trial or released on bail pending trial, or
2.
When the employee has been charged with misconduct while on the job
and the misconduct is being investigated. The employee shall receive
a written notice of the suspension.
[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1729 § 7, 3-15-1993; Ord.
No. 2486 § 11, 10-15-2007]
An employee may be separated from employment with the City for
the following reasons:
A.
When an employee has completed the employee's temporary appointment,
the employee shall be separated. Where the completion date has not
been fixed at the time of employment, the employee shall be notified
by the Department Head and/or the City Administrator at least fifteen
(15) days prior to the termination date.
B.
Department Heads, with the written approval of the City Administrator,
shall lay-off employees when necessary due to elimination of positions,
changes in organizational needs, organizational cutbacks, or lack
of work or funds. In determining who is to be laid-off, primary consideration
shall be given to the qualifications and experience of employees.
Secondary consideration shall be given to length of service of employees.
Whenever possible, the Department Head and/or the City Administrator
shall provide employees written notice at least ten (10) days in advance
of the effective date of lay-off. An employee laid-off for twelve
(12) full consecutive months shall be considered permanently separated
and not subject to recall back to work. An employee laid-off for less
than twelve (12) consecutive months shall be recalled back to work
if his former position, or a position with duties similar to those
of his former position, or a less skilled position becomes available.
Other Sections of this Article notwithstanding, if a laid-off employee
refuses any work offered to him by the City, the employee shall be
considered permanently separated. Notices of Recall to Work shall
be mailed to the last known address of the employee via the U.S. Postal
Service at least seven (7) days prior to the date the employee is
required to work. If, within five (5) days after the Notice of Recall
is postmarked, the employee being recalled does not respond to the
person specified by the Notice of Recall, the Department Head or the
City Administrator shall take appropriate actions as determined by
the Department Head or the City Administrator, to ascertain if the
employee intends to report to work. If a recalled employee fails to
report to work on the date and at the time specified in the Notice
of Recall, the employee shall be considered permanently separated
from the employment of the City. An employee laid-off from work shall
be eligible to collect wages from the time worked prior to lay-off,
and compensation for accrued vacation benefits at a rate commensurate
with employee's hourly wage or bi-weekly salary based on eighty (80)
hours of work. An employee laid-off shall not accrue any benefits
during any period between the time he is laid-off and the time he
is recalled. An employee wishing to retain his health and life insurance
benefits during periods of lay-off shall make such payments directly
to the City for the full amount of the premium for insurance coverage.
When a laid-off employee is permanently separated from City employment,
notice of separation shall be sent by the City to the Local Government
Employees Retirement System (LAGERS).
C.
In order to resign in good standing and be entitled to payment for
accrued vacation benefits, an employee shall give the Department Head
at least ten (10) working days notice unless a shorter period notice
is permitted by the City Administrator. Resignations shall be made
in writing in a format prescribed by the City Administrator, and signed
by the employee.
D.
General employees shall have no fixed retirement date. General employees
may elect to retire at any age as permitted by the Social Security
Act or the City approved retirement plan. The employee approaching
retirement age shall contact the City Administrator or his representative
at least ninety (90) days in advance of retirement in order that retirement
applications can be processed in time for the employee to receive
retirement benefits during the employee's first (1st) month of retirement.
Employees retiring according to the guidelines established by LAGERS
shall be eligible to receive retirement pay as outlined in this Chapter.[2]
E.
An employee may be dismissed for unsatisfactory performance or conduct
as provided for in this Chapter.
F.
An "at will" employee may be separated at any time without cause
and for any reason or no reason, at the direction of the department
head, the City Administrator or Mayor and Board of Aldermen, whichever
is the appropriate authority.
[Ord. No. 1425 § 1, 3-21-1988]
Regular working hours for full-time employees shall be forty (40) hours each week which shall be the standard work week. Part-time employees shall work those hours assigned by their immediate supervisor. Permanent part-time employees shall work no less than twenty (20) hours per week and no more than forty (40) hours per week, except for members of the Police Department, where the work week shall be as scheduled and posted by the Chief of Police. See also Section 22-45.
[Ord. No. 1425 § 1, 3-21-1988]
A.
An employee may resign from the service of the City by notifying
the department head at least ten (10) working days prior to the effective
date. Administrative and supervisory officers are requested to give
thirty (30) days notice. The resignation notice shall be made in writing.
Failure of an employee to give at least ten (10) working days notice
of resignation shall result in the loss of payment for unused vacation
leave unless the City Administrator permits a shorter period of notice.
The resignation shall be forwarded to the City Administrator.
B.
A department head may approve the withdrawal of a resignation prior
to the effective date of such resignation, provided that an appointment
has not been made to fill the pending vacancy.
[Ord. No. 1425 § 1, 3-21-1988]
A.
A department head, with the consent of the City Administrator, may
lay off any employee because of lack of funds, abolishment of a position,
or change of organization after giving notice of at least two (2)
weeks to the employee. No permanent full-time employee shall be laid
off while there are part-time, temporary, or seasonal employees serving
in the same class of positions in the department. A reduction in work
hours may be offered to an employee in order to prevent or postpone
a layoff.
B.
A department head may offer the employee appointment to a vacant
position in a lower class for which the employee is qualified in lieu
of a layoff.
C.
Whenever a classified position is to be abolished or a reduction
in force is necessary, employees shall be retained on the basis of
merit and the recommendation of the department head.
D.
Laid off personnel with acceptable performance records shall have
priority for reinstatement when conditions permit reappointment. Priority
for recall shall be based upon length of service with the City. In
cases where an individual has taken a demotion in lieu of a layoff,
the employee shall be reinstated to the original position when it
is available.
[Ord. No. 1425 § 1, 3-21-1988]
A department head may declare a position abandoned if:
A.
The employee has been absent without leave for at least three (3)
consecutive work days.
B.
The department head or supervisor knows the employee will not be
returning to work.
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The City Administrator or his designated representative shall
be notified of such declaration. Information concerning the abandoned
position shall be placed on the appropriate personnel/payroll form
with a copy placed in the employee's permanent file.
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