In order to establish standards of conduct and work performance for employees that are consistent with the efficient and effective delivery of public services, and to maintain the integrity of employment where public interest is vital, the city hereby sets forth those circumstances under which disciplinary action may be required and the procedures under which such actions may occur, which will afford employees fair treatment and due process.
To ensure equitable processing of disciplinary actions, the director shall be responsible for the proper handling of such matters, including the assurance that employee rights are protected and that appropriate action is taken when circumstances warrant. Officers of the city who are responsible for recommending or implementing disciplinary action shall do so based on the procedures prescribed herein.
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012)
No discipline will be proposed or implemented on a management employee that would violate the Fair Labor Standards Act, e.g., there will be no disciplinary suspensions for increments of less than a week, except for major safety violations or a violation of a workplace conduct rule imposed pursuant to a written policy applicable to all employees. (29 CFR Section 541.602.)
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012)
The following may be causes for the city to initiate disciplinary action including demotion, reduction in pay, reduction in leave balance, suspension, or dismissal of any employee, pursuant to these rules and regulations. The causes cited below are examples and are listed to alert employees to the more commonplace types of disciplinary issues. However, because human conduct is unpredictable, there may arise instances of unacceptable behavior not included in the list given below, in which the city may find it necessary and appropriate to initiate disciplinary action. In such cases, the rules governing discipline shall prevail as if the unlisted cause, issue or infraction were listed, as follows:
A. 
Attendance.
1. 
Improper or unauthorized use or abuse of sick leave;
2. 
Excessive absenteeism regardless of reason;
3. 
Being absent without authorized leave, repeated tardiness to assigned work station, or leaving assigned work without authorization.
B. 
Behavior.
1. 
Willful or negligent violation of the personnel rules and regulations, administrative regulations, resolutions, ordinances, and departmental rules, regulations, and policies;
2. 
Insubordination (failure to carry out a direct order from a supervisor);
3. 
Acceptance of gifts or gratuities in connection with or relating to the employee’s duties, except as provided in Section 3.15.030;
4. 
Conduct that is unbecoming a city officer or employee which tends to discredit the city or city service, including the wearing of city-identified uniforms off duty into a public or private establishment, the nature of which may adversely reflect upon the city, or willful misrepresentation of the city;
5. 
Conviction of a crime, the nature of which reflects a possibility of serious consequences related to the continued assignment or employment of the employee;
6. 
Falsifying information related to an employment application, payroll, or any work related record or report;
7. 
Soliciting outside work for personal gain during the conduct of city business; engaging in outside employment for any business under contract by the city; participating in any outside employment that adversely affects the employee’s city work performance; or engaging in unauthorized outside employment;
8. 
Discourteous treatment of the public or city employees;
9. 
Conduct interfering with the reasonable management and discipline of the city or any of its departments or divisions;
10. 
Engaging in any political activity prohibited by Section 3.15.010 or state law;
11. 
Violation or neglect of safety rules;
12. 
Theft;
13. 
Physical altercations;
14. 
Any act or conduct that is discriminatory in nature towards another person’s race, color, religion, ancestry, national origin, age, sex (including sexual harassment), sexual orientation, marital status, political affiliation, family care leave status, pregnancy, physical or mental disability, medical condition, or legally protected characteristic;
15. 
Dishonesty.
C. 
Work Performance.
1. 
Inefficiency, incompetence, or negligence in the performance of duties, including failure to perform assigned tasks of training, or failure to discharge duties in a prompt, competent, and reasonable manner;
2. 
Refusal or inability to improve job performance in accordance with written or verbal direction after a reasonable trial period;
3. 
Refusal to accept reasonable and proper assignment from an authorized supervisor;
4. 
Intoxication, or incapacity on duty due to the use of alcohol or drugs; or illegal possession of drugs for use or sale or open container of an alcoholic beverage while on duty;
5. 
Driving under the influence of alcohol or drugs while on duty or revocation, suspension or nonrenewal of driver’s license where job duties require driving;
6. 
Careless, negligent, or improper use of city property, equipment or funds, including unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property;
7. 
Unauthorized release of confidential information or official records;
8. 
Participation in an unlawful strike, work stoppage, slowdown, or other job action against the city.
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012; Ord. 5674 § 27, 2016)
Depending on the nature and circumstance(s) of an incident, discipline shall generally be progressive and shall bear a reasonable relationship to the violation. The types of discipline that may occur are as follows in general order of increasing seriousness:
A. 
Oral Reprimand. An oral statement by the supervisor to a subordinate employee, usually pointing out an unsatisfactory element of job performance, and is intended to be corrective or cautionary. An oral reprimand informally defines the area of needed improvement, sets up goals for the achievement of improvement, and informs the employee that failure to improve may result in more serious actions.
1. 
The oral reprimand shall, when reasonably possible, be delivered confidentially and not in the presence of other persons. The supervisor will record the date and content of the oral reprimand, but no record shall be placed in the employee’s personnel file.
2. 
The employee receiving an oral reprimand shall be given the opportunity, at the time of the reprimand, to voice objections to the reprimand and/or offer evidence in mitigation of the actions leading to the reprimand.
B. 
Written Reprimand. This is the first level of formal discipline. The written reprimand is issued by the supervisor with approval of the department head and copies are sent to the city manager and director. The director’s copy shall be placed in the employee’s personnel file.
C. 
Salary Reduction. A department head may recommend a salary decrease of one or more steps within the limits of the pay range established for a class as a disciplinary measure, for a period of at least one pay period and not more than one year. The city manager’s approval is required. Salary reductions shall be processed in accordance with Sections 3.16.050 and 3.16.060 of this chapter.
D. 
Disciplinary Demotion. A department head may recommend the movement of an employee from one class to a class of work having lower responsibilities, skills, performance requirements and maximum rate of pay. However, no employee shall be demoted to a position for which the minimum qualifications are not possessed. The city manager’s approval is required. Disciplinary demotions shall be processed in accordance with Sections 3.16.050 and 3.16.060 of this chapter.
E. 
Suspension. A department head may suspend an employee without pay at any time for cause up to the equivalent of five consecutive working days or two and one-half work shifts for 24-hour assignments. Suspensions of a longer duration require prior approval by the city manager. Suspensions without pay shall not exceed 30 consecutive working days or 15 shifts.
1. 
Short Term. An employee suspended for up to five working days, or up to two and one-half shifts for 24hour shift employees, shall be notified in writing, by first class mail to the employee’s last known address or in person, at least three business days/shifts prior to the effective date of the action.
2. 
Long Term. An employee suspended for six or more working days or three or more 24-hour shifts, must be notified in writing at least five business days prior to the action.
3. 
Emergency Suspension. Under certain circumstances, it may be necessary to immediately restrict an employee from performing duties at the work site. The circumstances usually involve potential danger to the employee, coworkers, or the public, or the employee’s inability to discharge assigned duties satisfactorily. Because of the need for immediate action, the decision to suspend an employee is typically the responsibility of the supervisor. In these situations, the following procedure shall be followed:
a. 
The supervisor taking the action to suspend an employee will immediately notify the department head and, as soon as possible, prepare a written statement of the action taken and the reasons for such action.
b. 
The department head shall notify the director of the action, and schedule a conference for the purpose of evaluating and preparing the statement of charges and documenting supporting evidence.
c. 
As soon as possible after the initial action, but not later than three business days, the department head shall prepare written notification to the affected employee, pursuant to Section 3.16.050 of this chapter.
4. 
In no event shall the use of paid leave be allowed during a period of suspension without pay. Should a paid holiday occur during a period of suspension without pay, the suspension period shall be extended by the number of holidays occurring during the suspension period.
F. 
Leave Reduction.
1. 
A department head may reduce an employee’s vacation, compensatory time and/or holiday time for up to 40 hours, or 60 hours for 24-hour shift personnel, as a method of disciplinary action. Reductions of time in excess of the limits stated above may be imposed with the approval of the employee. Absent employee approval, the department head may choose another form of discipline to supplement the leave reduction.
2. 
An employee who has suffered a leave reduction may substitute other forms of accumulated time off to enable him or her to take any previously scheduled time off.
G. 
Dismissal. A department head may recommend the dismissal of a regular employee from city service at any time for cause. The city manager’s approval is required. Dismissal shall be processed in accordance with Sections 3.16.050 and 3.16.060 of this code.
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012)
A. 
The supervisor contemplating disciplinary action consisting of salary reduction, disciplinary demotion, suspension or dismissal against an employee shall consult with the department head and the director to determine the appropriateness, type and process for initiating discipline. The purpose of such conference is to evaluate the cause(s), charge(s), supporting evidence and, where appropriate, the recommendation to the city manager. The result of such conference may be the decision to abandon, modify or continue the proposed disciplinary action.
B. 
Where disciplinary action requires approval of the city manager, the recommendation of the department head and the charges and documentation shall be forwarded to the city manager after the department head has notified the employee in writing regarding the recommendation being made to the city manager.
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012)
Regular employees subject to discipline other than oral or written reprimands, or short-term suspensions, are entitled to prior notice of the intention to discipline and an opportunity to be heard.
A. 
Written Notice of Proposed Discipline. The person recommending that discipline be imposed shall give written notice of the proposed action to the affected employee at least five business days prior to the proposed date of implementation of discipline. Such notice shall, at a minimum, contain:
1. 
A statement of the discipline proposed and its effective date;
2. 
A statement of the reasons for imposing it and the particular personnel rule(s) or regulation(s) violated;
3. 
Any supporting material or documentation and a statement of the employee’s right to review all relevant documents and materials;
4. 
A statement of the employee’s right to respond verbally or in writing to the person who will actually determine whether or not to impose the discipline and an identification of that person.
B. 
Employee’s Right to Respond. The affected employee shall, within five business days of receiving notice of the proposed disciplinary action, respond verbally or in writing to the person who will actually determine whether or not to impose the discipline.
C. 
Review of Recommendation of Discipline. The person to whom the recommendation to discipline is made (normally either the department head or the city manager) shall review the recommendation and any materials, documents or arguments submitted on behalf of the affected employee in determining whether or not to impose discipline as recommended.
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012)
Following any predisciplinary procedure required by Section 3.16.050, the person imposing discipline shall serve the affected employee with notice of the imposition of discipline. Such notice shall, at a minimum, contain:
A. 
Discipline Proposed. A statement of the discipline proposed and its effective date;
B. 
Statement of Reasons. A statement of the reasons for imposing the discipline and the particular personnel rule(s) or regulation(s) violated;
C. 
Supporting Documentation. Any supporting material or documentation and a statement of the employee’s right to review all relevant documents and materials;
D. 
Employee’s Rights. A statement of the employee’s right, if such right exists, to appeal the imposition of the discipline to the personnel board.
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012)
Service of any notice required by this chapter to be given to an employee shall be deemed to have been made upon personal presentation of such notice or depositing such notice, postage prepaid, in the U.S. mail, addressed to the employee at the last address the employee has on file in the human resources office of the city.
(Ord. 3213 § 1, 1998; Ord. 5013 § 15, 2012)