City of Franklin, NH Article VIII Standards of Conduct and Discipline

§ 347-40 Use of property and services.

City employees shall not appropriate or use City-owned, -leased or -rented property or the City-related services of any City official or employee for other than official business. Further, City employees shall exercise all reasonable and prudent measures to preclude the same from any unauthorized possession or use.

§ 347-41 Investigations and hearings.

During the course of any investigation or hearing, the City Council, City Manager or his, her or its designee may request any employee to attend and give witness. Any City employee refusing to do so may be subject to appropriate disciplinary action up to and including termination. Employees shall not be subject to any disciplinary or other adverse administrative action for exercising their constitutional Fifth Amendment right against self-incrimination during the course of any investigation or hearing, unless the City Manager has granted full immunity from any adverse administrative action. Immunity from criminal prosecution shall not be granted, and employees fearing such prosecution shall retain all rights under the Fifth Amendment.

§ 347-42 Political activity and contributions.

A. City employees shall not be required to contribute to any political or religious purpose, nor shall they engage in improper political activity. "Improper political activity" is defined as any action by an employee acting in an official capacity which may cause or obligate a City official, or a member of a political party, to reward or benefit the City employee in any manner. Nothing is this or any other related section shall be deemed to in any way abridge or limit an employee's right to political free speech.

B. Appointed employees or officers may seek election or appointment to a municipal office or school district office except when that office is incompatible with their current employment or office by virtue of either position having supervisory capacity over the other or exercising discretion with regard to the other position's working conditions, compensation, benefits or similar considerations. Upon successful election of an appointed employee or officer to such position, such employee or officer shall be deemed to have resigned the prior appointment or office.

C. Except as permitted in Subsection B above, no appointed employee or officer in the City service shall solicit or receive assessment, subscription or contribution, whether voluntary or involuntary, directly or indirectly, for any municipal political purpose. A violation of this section shall be grounds for the discharge of any appointed employee or officer guilty of such a violation.

§ 347-43 Personal profit; acceptance of gifts.

City employees shall not personally profit or benefit from any agreement, purchase, contract, sale or service between the City of Franklin and any person or company, nor shall they accept any free or preferred services, benefits, gifts or concessions from any person, company or agency. An occasional nonpecuniary gift of insignificant value (less than $20) may be accepted. This section also does not prohibit the acceptance of awards which are publicly presented in recognition of public service, nor does it were not an official or employee of the City. Having lunch or dinner at someone else's expense is not prohibited, but may be subject to review by the applicable department head and/or the City Manager if abuse of gifts is suspected. All other forms of entertainment must be approved by the City Manager prior to acceptance. No City employee shall have any financial interest in the profits of any purchase, sale, contract or work performed by the City or for the City, unless the employee is an owner/employee of a legitimate company and the award is the result of a competitive public bidding process.

§ 347-44 Additional grounds for disciplinary action.

A. The following matters are not intended as an all-inclusive list of potential disciplinary situations, but these offenses, as well as others, may constitute grounds for appropriate disciplinary action:

(1) Acts of disobedience or insubordination.

(2) Acts of disrespect toward officials, City employees or the public, including uncivil or discourteous attitudes, or the use of indecent, lewd or slanderous language or actions toward the public or any City employee.

(3) Gross carelessness or neglect of duties or frequent incidents of simple carelessness or neglect of duties.

(4) Illegal use of drugs and the use of alcoholic beverages while on duty (including break periods); reporting for duty while under the influence of intoxicants; excessive use of intoxicants while off duty which results in discrediting the City of Franklin; or the consumption of intoxicants while off duty which prevents the employee from performing on duty in the prescribed manner.

(5) One or more violations of federal law, New Hampshire law or City ordinances, dependent upon circumstances, seriousness and frequency.

(6) Conviction of a felony or a crime involving moral turpitude.

(7) Misuse, misappropriation, destruction, theft or conversion to personal use or gain of City-owned/leased property, equipment, supplies, material or services.

(8) Frequent tardiness or unauthorized absence from work. An unauthorized absence from work for three consecutive days may be construed as abandonment of the job and grounds for termination and replacement.

(9) Accepting cash, gifts or other items of value for performing special favors through any municipal service.

(10) Disclosure of any confidential information which would not otherwise be made known to the public under the Right-to-Know Law.[1]

[1] Editor's Note: See RSA 91-A:1 et seq.

(11) Granting special consideration, advantage or treatment to any person beyond that which is available to every other resident of the City of Franklin.

(12) Failing to report to your department head or the City Manager a known violation of City policy by another employee.

(13) Failing to report to your department head or the City Manager a loss of, or damage to, City property as a result of accident, theft or misuse.

(14) Failing to keep a current contact information, including mailing address and phone number, on file in the department and the City Manager's office.

(15) Failing to follow established safety procedures in the conduct of City duties.

(16) Reporting illness as the reason for absence from the appointed place and time of duty when not ill; knowingly accepting sick leave pay for an absence which occurred when the employee was not ill.

(17) Failing to adhere to established policies of acceptable attire for the assigned workplace. When a uniform is prescribed, it must be worn properly and in its entirety. Nonuniformed employees shall not work in attire or be groomed in such a manner that, given the nature of their duties, the public can perceive that City employees are slovenly or uncaring about performing their duties in a professional manner.

B. This section may be supplemented, in writing, by department heads when necessary to ensure appropriate application to their departments, but in no case shall department heads establish policy which invalidates any of the above policy statements. Department heads are in no way precluded from establishing other standards of conduct and regulations for their departments.

§ 347-45 Disciplinary actions.

A. It is City policy to impose disciplinary action at the lowest supervisory level and with the most appropriate form of discipline necessary to correct the undesirable behavior and attempt to ensure that it does not reoccur. The goal is to correct and redirect an employee's actions, not to punish.

B. City policy anticipates that most employees who commit minor offenses will respond well to an oral (verbal) admonishment and a discussion of how to perform more appropriately the next time a similar situation occurs. Occasionally, however, repeated minor offenses or a more serious singular offense requires stronger action. City policy permits application of the disciplinary actions listed below and no others. They are listed in order of severity, from lowest to highest. Ordinarily, this sequence of actions should be followed as progressive or "stairstep" discipline for each occurrence. The sequence need not be followed in cases of serious infractions that warrant immediate suspension, demotion or discharge.

C. Oral admonition or reprimand is not to be confused with counseling an employee who is trying to do well and simply needs guidance. It is applied to employees who knowingly violate established policy or procedure in a minor way. It is normally administered by the immediate supervisor. The supervisor administering an oral reprimand must make a written record of the action, including the employee's name, date, time, nature of the problem and the admonishment. The spot performance appraisal may be used for this purpose.

D. Written reprimand or warning is done on the spot performance appraisal form or by a letter to the employee. It must be completed in its entirety and must include the statement "This SPA/letter will be placed in your official personnel file" or words to that effect. Written reprimands will become permanent records in the personnel file. The term "performance probation" is a particular type of written warning for a specific period of up to six months during which the employee is formally placed on notice that the job performance is substandard and will result in suspension or termination if it does not meet standards within the prescribed time. Employees on performance probation do not forfeit any rights of regular employees.

E. Suspension without pay may be imposed for just cause for the remainder of a shift by the first-line supervisor. Department heads may impose suspension without pay for up to one week (five working days), subject to the City Manager's approval. The City Manager may impose suspension without pay for up to two weeks (10 working days). A spot performance appraisal shall be prepared to document the incident, and a personnel action request (PAR) shall be prepared to implement the suspension. These records become a permanent part of the personnel file.

F. Demotion may be imposed by the department head with the approval of the City Manager. Demotion is accomplished by moving the employee down one or more steps within the existing labor grade or by transferring the employee to a new position on a lower labor grade. Both a spot performance appraisal and a PAR are required to carry out a demotion.

G. Termination (discharge) is documented in the same manner as a suspension or demotion. The City Manager is the sole approving authority for discharge. In the event of termination, department heads will conduct an on-the-spot collection of City property (ID card, keys, safety equipment, etc.) in the employee's possession at the time of notification and provide a supervisor to oversee the employee's removal of personal items from City property. Severance benefits shall be determined by the Finance Director. New Hampshire law requires that a terminated employee receive all due wages within 72 hours of discharge, and department heads shall submit a special time sheet within 24 hours of the termination.

H. Suspended disciplinary actions. Any supervisor properly imposing disciplinary action has the right to suspend all or part of the discipline for a period not to exceed six months. Should the supervisor imposing the suspended discipline decide for any reason to vacate the suspension, he or she will do so on a second PAR and the disciplinary action will be immediately carried out. Although the original disciplinary action may be grieved within prescribed time periods, a subsequent vacation of a suspension is not subject to the grievance procedure. It is a completion of the original action, not a new punishment. Suspensions shall not be vacated simply because an employee filed a grievance of the original action.

I. Suspension with pay may be imposed when an employee has been accused or is suspected of a serious offense, and the employee should be relieved of all duties while an investigation is conducted. It is initiated with a PAR and is subject to approval of the City Manager. It may be imposed for an indefinite period, and the employee receives full pay and benefits during the suspension.

J. Search and seizure. The City of Franklin retains the right and privilege at all times to enter and search any and all City property, to include desks and other office furnishings, offices, lockers, vehicles or any personal property being used in the service of the City. Acceptance of employment with the City implies consent to said searches and seizure of any contraband or misappropriated property or funds found in the possession of an employee or in areas controlled by the employee. Employees who provide personal locks for property on City premises shall provide an extra key or the combination to the department head. Failure to comply may be grounds for disciplinary action.