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.