[Ord. No. 92-16 § I — II, 6-8-1992]
A.
Definitions. Employee as described by this Section
shall be defined as any person employed by the City of Lexington or
as a paid volunteer for the City of Lexington.
B.
Initial Action. Whenever the performance or conduct
of any employee falls below a desirable level, supervisors shall inform
the employee promptly. The action to be taken depends on the seriousness
of the incident and the employee's past record. Typically, the first
step will be an oral warning.
C.
Written Reprimand. When appropriate, a written reprimand
may be issued any employee in question.
D.
Suspension. Any employee may be suspended with pay
or without pay by a department head or appropriate supervisor with
the City Administrator's approval. The department head or appropriate
supervisor shall notify the employee, as soon as practicable, of the
reasons for and the duration of the suspension.
E.
Appeal of Suspension. Any employee may appeal any
suspension of four (4) or more working days, or two (2) or more shifts,
to the City Administrator, in writing, stating the reasons for the
appeal. The appeal must be within ten (10) calendar days of the effective
date of the suspension and must be delivered to the City Clerk. The
City Administrator will review the appeal and the records of the action.
The decision of the City Administrator shall be final on matters involving
suspension. The employee shall be notified in writing of the decision.
F.
Demotion. Any employee may be demoted by a department
head or appropriate supervisor with the written concurrence of the
City Administrator and upon Council approval. A written statement
of the reasons for any such action must be furnished to the employee.
The employee being demoted must possess the qualifications for the
classification to which being demoted before such action can be affected.
G.
Appeal of Demotion. Any employee may appeal a demotion,
in writing, to the City Administrator within ten (10) days of the
effective date of the demotion. The appeal shall be delivered to the
City Clerk. The City Administrator shall review the appeal and the
records of the action. The employee shall be notified in writing of
the decision within ten (10) days of receipt of approval by the City
Administrator. Decisions of the City Administrator concerning demotions
shall be final.
H.
Dismissal. Any employee may be dismissed by a department
head, or appointed authority, with concurrence of City Administrator
and upon approval of the City Council, by delivering a written statement
to the employee. If the department head, because of the reasons for
the discharge, desires to make an immediate separation from the service,
a suspension with pay or without pay pending discharge shall be utilized.
The department head, or a supervisor under the department is vested
with the discretion to exercise such suspension pending discharge
without regard to prior practice or warning if in the judgment of
the department head or supervisor such action is warranted due to
aggravating circumstances, such as the offenses listed as "serious"
in Section 2-305(C).
I.
Pre-Termination Procedure. Prior to the final decision
to terminate a nonprobationary employee's employment, and when in
the City's discretion it is determined to be appropriate, the employee
will be given:
J.
Appeal of Dismissal. Any employee may appeal a dismissal,
in writing, to the City Administrator within ten (10) calendar days
of the effective date of dismissal. The appeal shall be delivered
to the City Clerk. The City Administrator shall review the appeal
and the records of the action. The employee shall be notified in writing
of the decision. Decisions of the City Administrator concerning dismissal
shall be final.
[Ord. No. 92-18 §§ I — III, 6-8-1992]
A.
Generally. Any action which reflects discredit upon
the municipal service or is a direct hindrance to the effective performance
of the City Government shall be grounds for disciplinary action against
any employee of the City. Whenever and wherever people work together,
people must conform to standards of reasonable conduct to maintain
an orderly efficient atmosphere. Accordingly, a City employee may
be disciplined up to and including dismissal in order to protect the
rights of others and to encourage correct conduct and cooperation.
B.
Classifications of Offenses. The offenses detailed
in Subsections (C) and (D) are listed in two (2) main categories to
provide City employees with an understanding of what can be expected
if certain policies or procedures are violated. It is not possible
to list every conceivable infraction; these lists are not all-inclusive.
The two (2) areas listed below, however, should provide guidance as
to what discipline may apply for situations not listed.
C.
Serious Offenses. The following offenses are extremely
serious and, due to their severity, will usually subject an employee
to immediate dismissal:
1.
Drinking, selling or possessing intoxicating liquor or non-intoxicating
beer on duty or on City premises except where authorized; reporting
for duty drunk or impaired by intoxicating liquor or non-intoxicating
beer; being on duty so intoxicated as to be unable to properly perform
assigned duties, or to be a hazard to self or others;
2.
Unauthorized use or possession of controlled substances, imitation
controlled substance or drug paraphernalia on City premises or while
on duty or while off duty; reporting for duty while under the influence
of a controlled substance;
3.
Sale or unauthorized transfer of controlled substances, imitation
controlled substances or drug paraphernalia on City premises or during
duty hours or off-duty hours;
4.
Insubordinate defiance of authority, refusal to comply with proper
orders, wanton disrespect to authorities, wanton disregard of directives
or insolence;
5.
Sleeping while on duty, except where authorized;
6.
Theft of City property or the property of another, actual or attempted;
7.
Dishonesty, deliberate misrepresentation; falsification, exaggeration
or concealment of a material fact in connection with any official
document; or withholding of material facts in connection with matters
under official investigation;
8.
Loss of, damage to, unauthorized use or destruction of City property
(including motor vehicles), records, or information;
9.
Fighting, threatening, or inflicting bodily harm on another, physical
resistance to lawful authority or indecent or immoral conduct while
on the job;
10.
Off-duty conduct of such major import that the employee is unable
to fulfill his job responsibilities; off-duty misconduct of such significance
that there is an adverse effect upon the City;
11.
Misuse or unauthorized use of City monies or property;
12.
Unauthorized possession or use of firearms, dangerous weapons or
explosives while on duty;
13.
Serious inefficiency or incompetency that severely hampers productivity,
safety or health of others;
14.
Absence from duty for two (2) consecutive working days without prior
notice to and approval of the appropriate supervisor;
15.
Falsification of records or the use of official position for personal
advantage, or the attempt to use official position to influence the
results of an official investigation;
16.
Criminal convictions for acts or conduct occurring on or off the
job that are plainly related to the job performance and are of such
nature that to continue the individual as an employee would impair
carrying out of the City's responsibility to the citizens or to other
City employees or if not related to job performance would place the
City's image in an unfavorable light;
17.
Failure to comply with department policies, special rules or instructions
established by a supervisor when such violation or a failure to obey
amounts to an act of insubordination or a serious breach of proper
discipline;
18.
Compromising an examination through unauthorized possession, use,
of furnishing to others examination information or materials;
19.
Participating in an unlawful work slowdown, sitdown, or similar concerted
interference with City operations;
20.
Harassment of other employees or supervisory personnel, including
sexual harassment of another employee, whether verbal or physical,
when submission to such conduct by an individual is used as the basis
for employment decisions affecting such individual, or when such conduct
has the purpose or effect of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile or offensive
work environment;
21.
Abuse of City's sick leave policies;
22.
Failure to report to work or to notify the appropriate supervisor
of absence for two (2) consecutive working days after the expiration
of an approved leave of absence;
23.
Excessive absenteeism or tardiness;
24.
Commission of acts or omission or other conduct prejudicial to the
interests of the City, such conduct reflecting discredit upon the
City or resulting in a direct hindrance to the effective performance
of Municipal Government functions.
D.
Other Offenses. The following list of offenses are
of the nature that generally will be handled by forms of minor discipline,
(such as verbal warnings or suspensions without pay). The failure
to correct the violation of these "other serious offenses" may, however,
result in disciplinary action up to and including discharge if warranted
by the circumstances.
1.
Delay or failure to carry out assigned work or instructions in a
reasonable period of time;
2.
Leaving job without permission;
3.
Failure to request leave according to established procedures;
4.
Loafing on duty while not on authorized rest periods;
5.
Careless workmanship or neglect of duty.
6.
Careless use of City property resulting in possible or actual damage
and disruption or possible disruption of City services;
7.
Failure to observe recognized or instructed safety practices, including
failure to use safety equipment such as eye protective devices or
safety shoes, and failure to follow established procedures;
8.
Rude, boisterous play which adversely affects production, discipline
or morale, use of abusive or offensive language, quarreling or inciting
to quarrel;
9.
Interfering with the production of others while on the job;
10.
Accepting money or favors or gifts for personal gain for work done
as a City employee;
11.
Excessive time at breaks or lunch hour;
12.
Failure to complete reports promptly and accurately;
13.
Horseplay;
14.
Failure to report work-related injury or accident or nonwork-related
injury or illness that may affect work performance immediately;
15.
Failure to report absence prior to beginning a shift;
16.
Failure to be courteous to a citizen;
17.
Switching schedules with another employee without prior approval
of management.
18.
Failure to follow department operating procedures or administrative
policies;
19.
Unauthorized use of City telephone;
20.
Unauthorized use or abuse of City materials or equipment or allowing
such use or abuse;
21.
Showing disrespect or disregard for authority.
