An employee may be suspended or dismissed for cause, including but not limited to any of the following causes:
A. 
The employee is incompetent or inefficient in the performance of his or her duties.
B. 
The employee has been wantonly careless or negligent in the performance of duty.
C. 
The employee has been offensive in treatment of the public, fellow employees or other persons.
D. 
The employee has violated any lawful regulation or order or failed to obey any lawful direction given by the employee's superior.
E. 
The employee has taken a fee, gift, or other valuable thing in the course of his or her work or in connection with it, when such a fee, gift, or other valuable thing is given by any person or organization in the hope and expectation of receiving a favor or better treatment than that accorded other persons.
F. 
The employee has been convicted of a criminal offense.
G. 
The employee through negligence or willful conduct has caused damage to public property or waste of public supplies.
H. 
The employee has been late or absent from work on an excessive number of occasions without justifiable cause.
I. 
The employee's driver's license has been suspended or revoked and the employee's duties require his or her operation of a motor vehicle, or the employee has knowingly operated a motor vehicle while his or her driver's license was suspended or revoked.
J. 
The employee has been guilty of other misconduct or insubordination.
K. 
The employee has been guilty of abusing sick leave as that term is defined in Article IX hereof.
[Added 3-19-1985 by Ord. No. 85-08]
L. 
The employee has been guilty of a violation of Article XVIII hereof, relating to substance abuse.
[Added 8-4-1987 by Ord. No. 87-39]
[Amended 6-4-1980 by Ord. No. 80-29]
A. 
A department head may suspend an employee for cause for a period of not more than five days, provided that such suspension, together with all other suspensions imposed during the same calendar year, does not exceed 30 days.
B. 
Any suspension for cause other than a suspension falling within the limits of Subsection A hereof shall be imposed only by the City Manager.
C. 
Dismissal for cause may be imposed only by the City Manager or by the Council, provided that, with respect to a department head, a dismissal for cause by the City Manager shall be effective only if confirmed by the Council.
[Amended 6-4-1980 by Ord. No. 80-29]
A. 
Prior to suspending any employee, a department head shall give an employee notice of such proposed suspension and shall afford the employee an opportunity to be heard thereon, which notice may be verbal and which opportunity to be heard may be informal.
B. 
A full written report of such suspension, including the reasons therefor, shall be given to the employee and a copy thereof placed in the employee's personnel file.
C. 
An employee may appeal such suspension to the City Manager by filing a notice of such appeal with the City Manager, within two working days of receipt of written notice of such suspension.
D. 
Within seven working days of receipt of such notice of appeal, the City Manager shall hold a hearing thereon at which the employee and the department head shall have an opportunity to be heard and to present facts which they contend support their position.
E. 
Within five working days following the conclusion of such hearing the City Manager shall either affirm, reverse, or modify such suspension.
F. 
Pending resolution of such appeal to the City Manager, any suspension imposed by a department head shall be stayed unless the City Manager shall otherwise direct.
[Amended 6-4-1980 by Ord. No. 80-29]
A. 
A department head who proposes and recommends dismissal or suspension of an employee (other than suspension for the limited period described in § 56-61A hereof) shall prepare in writing a statement of the facts on which such proposed suspension or dismissal is based and shall deliver same to the City Manager and shall provide the employee involved with a copy of same; provided, however, that before doing so the department head shall give the employee notice of his intention to do so and provide the employee with an opportunity to be heard thereon, which notice may be verbal and which opportunity to be heard may be informal.
B. 
Within seven working days of receipt of a recommendation for such suspension or dismissal, the City Manager shall hold a hearing thereon at which the employee and the department head shall have an opportunity to be heard and to present facts which they contend support their positions. The employee shall have the right to be represented by counsel at such hearing.
C. 
Within five working days following such hearing the City Manager shall render his decision thereon which may consist of:
(1) 
Imposing the recommended dismissal or suspension, or imposing lesser discipline.
(2) 
Dismissing the charges against the employee.
D. 
The City Manager shall provide the department head and the employee involved with a copy of his decision and shall cause an additional copy thereof to be filed in the employee's personnel file.
E. 
If the employee involved is a department head, and if the discipline imposed by the City Manager consists of dismissal, then the City Manager shall transmit to the Council his findings and conclusions, together with any other relevant material, as soon as reasonably possible following the rendering of his decision, with a request for Council action to confirm such dismissal.
F. 
The Council shall act on such proposed dismissal as soon as reasonably possible following its receipt of the aforesaid material from the City Manager. The Council may, if it chooses to do so, give the employee an opportunity to be heard thereon and may, if it deems it advisable to do so, receive additional evidence which it considers necessary or advisable for resolution of the matter.
[Amended 6-4-1980 by Ord. No. 80-29]
A. 
If the Council determines to institute proceedings for the possible removal of an employee for cause, it shall first serve notice thereof on the employee, stating the grounds for the proposed removal and advising the employee that a hearing thereon will be held before the Council.
B. 
The aforesaid hearing shall be held not less than 15 nor more than 30 days after delivery of the aforesaid notice on the employee, and the said notice shall specify the date, time, and place of the hearing.
C. 
At the hearing before the Council, the employee may be represented by counsel and City Council may, if it chooses to do so, designate some person (who may, but need not be, a City official or an attorney at law) to present the charges against the employee.
D. 
Within 30 days following completion of the said hearing, the Council shall render its decision thereon and shall provide the employee and the City Manager with a copy of its decision, which shall be adopted by resolution.
A. 
If the City Manager determines that the seriousness of charges made against an employee calls for such action, or that for some other reason the best interests of the City requires such action, he may suspend an employee, with or without pay, pending any hearing on such charges and final resolution thereof; provided, however, that if any such suspension is without pay, all hearings thereon shall be held, and all decisions thereon shall be made, as expeditiously as possible.
B. 
If any employee is suspended without pay pursuant to the provisions of this section, and if such employee is thereafter exonerated of the charges against him or her, he or she shall be paid all salary which had been withheld as a result of such suspension.
[Amended 6-4-1980 by Ord. No. 80-29]
A. 
If a complaint has been filed with any court of competent jurisdiction charging an employee with a crime or if an employee has been indicted for a crime, the City Manager may suspend such employee, with or without pay, pending resolution of such charge or indictment; provided, however, that either before such suspension or as soon as possible after such suspension has become effective the City Manager shall afford the employee an opportunity to be heard with respect thereto, which opportunity to be heard shall include the right to be represented by and/or heard through counsel.
B. 
If any employee is suspended without pay pursuant to the provisions of this section pending resolution of any criminal charge or indictment and if such charge or indictment is thereafter dismissed or the employee is acquitted thereof, such employee shall be paid all salary which had been withheld as a result of such suspension.