An employee may be disciplined for misconduct and/or incompetency and/or inability to perform the work of the position satisfactorily. Disciplinary action may take the following forms: oral warning, written reprimand, temporary removal from the job, suspension, demotion and/or dismissal.
In situations where an oral warning has not resulted in the desired improvement, or where more severe initial action is warranted, written reprimand may be sent to the employee, and a copy shall be placed in the employee's personnel record.
The department head may, for disciplinary reasons, order an employee off the job for not more than one working day and shall recommend further disciplinary action.
An employee (except probationary, temporary and seasonal employees) who is to be suspended shall be given at least 24 hours' written notice in advance of the suspension, and that notice shall state the reasons for the suspension. A copy of the notice shall be a part of the employee's personnel record.
During investigation, hearing or trial of an employee in any civil or criminal matter when suspension would be in the interest of the municipality, an employee may be suspend by the Manager for the duration of the proceedings. The suspension shall terminate within 10 days after completion of the case for which he was suspended, by resignation or dismissal of the employee, by reinstatement or by other appropriate action. If the employee is suspend and then found not to be liable or not guilty, as the case may be, he will be reimbursed in full for all lost pay after the suspension; and for the purpose of employee benefits, the suspension will be considered not to have taken place.
An employee may be demoted by the Manager for just cause in the interest of discipline or for the good of the service. In making a demotion, length of service shall be given due consideration. Demotion may be accomplished by reducing the employee's pay within the pay range of the job that he holds or by assigning him to a position in a lower class. At the time the employee is demoted, the Manager shall give him written notice of the demotion and the reasons for the action, and a copy of the notice shall be made a part of the employee's personnel record.
An employee may request or accept voluntary demotion when the position he occupies is allocated to a lower class or when assignment to less difficult or less responsible work would be to an advantage and in the interest of the service.
The Manager may dismiss any employee at any time when his service or conduct becomes unsatisfactory. An employee who is dismissed (except probationary, temporary and seasonal employees) shall be given written notice of the reasons for the action, and a copy of the notice shall be made a part of the employee's personnel record.
Any employee suspended, demoted or dismissed, in accordance with this article, may request a hearing before the Personnel Commission. The request shall be made in writing no later than 10 working days after the notification of his suspension, demotion or dismissal, and the procedures shall be in accordance with § 85-42 of this chapter. In addition, any employee shall have the right to appeal, as provided for by law or by any other ordinance applicable to the situation.