[Ord. No. 320 §23.150, 8-9-1990]
A.
It
shall be the duty of all City employees to comply with and to assist
in carrying into effect the provisions of the City's personnel rules
and regulations. No permanent employee shall be disciplined except
for violation of established rules and regulations, and such discipline
shall be in accordance with procedures established by the personnel
rules and regulations.
1.
Employee's and supervisor's responsibilities.
a.
It is the duty of every employee to attempt to correct any faults
in his/her performance when called to his/her attention and to make
every effort to avoid conflict with the City's rules and regulations.
b.
It is the duty of every supervisor to discuss improper or inadequate
performance with the employee in order to correct the deficiencies
and to avoid the need to exercise disciplinary action. Discipline
shall be, whenever possible, of an increasingly progressive nature,
the step of progression being:
2.
Grounds for action. The following are declared to
be grounds for demotion, suspension or removal of any permanent employee:
a.
Conviction of a felony or other crime involving moral turpitude.
b.
Acts of incompetency.
c.
Absence without leave.
d.
Acts of insubordination.
e.
Intentional failure or refusal to carry out instructions.
f.
Misappropriation, destruction, theft or conversion of City property.
g.
Employee subsequently becomes physically or mentally unfit for the
performance of his/her duties.
h.
Acts of misconduct while on duty.
i.
Willful disregard of orders.
j.
Habitual tardiness and/or absenteeism.
k.
Falsification of any information required by the City.
l.
Failure to properly report accidents or personal injuries.
m.
Neglect or carelessness resulting in damage to City property or equipment.
n.
Repeated convictions during employment on misdemeanor and/or traffic
charges.
o.
Introduction, possession or use on City property or in City equipment
of illicit drugs, intoxicating liquors, or proceeding to or from work
under influence of same.
3.
Employee notice. A written notice shall be given
to each employee stating the reasons for the disciplinary action and
the date it is to take effect. The notice is to be given to the employee
at the time such disciplinary action is taken and in any event not
later than three (3) working days from date of the action. A copy
of notice signed by the employee in the employee's file shall serve
as prima facie evidence of delivery.
4.
Probationary employee. Any probationary employee
may be suspended, reduced in pay or class, or removed at any time
by his/her supervisor or the Mayor. Probationary, temporary, seasonal
or part-time employees shall not have the right of appeal from such
action.
5.
Permanent employees. All permanent employees holding
positions in the service of the City may be suspended for a period
of not more than thirty (30) working days, reduced in pay or class,
or removed for just and reasonable cause by the employee's department
head. Permanent employees shall be dismissed only after having been
given written notice of the contemplated action.
6.
Evidence. Normally, the deterioration of an employee's
conduct is a progressive problem and every effort should be made to
reverse this trend as soon as it is apparent. Based on this philosophy,
sufficient evidence should be available in the employee's personnel
file to justify the action taken.
7.
Right of appeal. All permanent employees are granted
the right of appeal. Within ten (10) days after effective date of
disciplinary action, the employee may file a written appeal to the
Board of Aldermen.
8.
Investigation. The Board of Aldermen shall hear
appeals submitted by any permanent employee in the City relative to
any suspension, demotion or dismissal and shall submit a written statement
of facts, findings and recommendations to the Board of Aldermen whose
actions shall be final and conclusive.
9.
Appeal hearing open to public. The appeal hearing
shall be open to the public at the discretion of the Board of Aldermen,
subject to all requirements of law.
10.
Informal nature. The hearing shall be conducted
in an informal nature and the Board of Aldermen shall make every effort
to avoid the appearance of conducting a trial in a court of law.
11.
Scheduling of appeal. No later than ten (10) working
days after receipt of the written appeal, the Mayor shall fix a time
and place for convening of a hearing.
12.
Right to representation. The appellant shall have
the right to appear and be heard in person or by counsel.
13.
Appellant fails to appear. Appellant's failure to
attend nor notify the hearing officer of his/her inability to attend
at the hearing will constitute just cause of dismissal of the appeal
and imposition of the disciplinary action.
