Any person holding a position of employment in the competitive
service shall be subject to disciplinary suspension without pay for
a total of thirty days in a fiscal year. The appointing authority,
city manager or department head shall deliver a copy of the suspension
order to the employee and file a copy with the personnel board. The
appointing authority, city manager and department head shall exercise
the power of suspension as herein provided and further provided in
the rules and regulations. Any employee may, upon being suspended,
file an answer or objection to the action with the personnel board
and the board shall make an investigation, which shall include an
interview with the officer suspending the employee and the suspended
employee, with or without a hearing as it deems necessary. The board
shall render a decision within a reasonable time after the hearing
or investigation. The suspension action taken shall stand unless modified
or revoked by the board.
(Ord. 449 § 14, 1960)
Employees may be discharged or demoted for cause, and the rules
and regulations shall provide for the exercise of such powers by the
city manager, upon recommendation of the department head. A discharged
department head may be reinstated to the position in the competitive
service held by the department head immediately prior to appointment
as department head or to an equivalent position in the classification.
An employee discharged from a position not in the competitive service
to which the employee was advanced from a position in the competitive
service may be reinstated to the position in the competitive service
held by the employee immediately prior to the advancement or to an
equivalent position in the classification.
(Ord. 449 § 15, 1960; Ord. 477 § 1, 1962; Ord. 631 § 3, 1972; Ord. 469 § 1, 1973; Ord.
1011 § 5, 1987)
(a) The tenure of every employee holding a position in the competitive service shall be during good behavior and proved fitness for the position on the basis of duties and responsibilities, but any officer or employee may be removed or otherwise disciplined as provided by this chapter, Chapters
3.04 and
3.12 through
3.36, and in the rules and regulations established hereunder and departmental rules adopted by the city council.
(b) Any
permanent employee in the competitive service who has been:
(4) Subjected to any disciplinary act or order, relief from wrongful
imposition of which is not otherwise provided for, and appeal from
which is not prohibited or denied, shall have the right to demand
from the person or official who ordered the discharge, demotion, reduction
in pay or imposed the disciplinary act or ordered a written statement
of the reasons for such action by the close of the working day following
the day he received notice of same. The statement shall be mailed
or delivered to him within five days after the demand. The demand
shall be in writing and signed by the employee. A copy of the demand
and statement shall be filed with the personnel officer and forwarded
to the personnel board.
(c) The
employee may file an appeal with the personnel board for relief from
the demotion, discharge, reduction in pay or disciplinary act or order
provided the appeal is filed within fifteen days after receiving notice
of same.
(d) The
provisions of this section shall not apply to reduction in pay which
are part of a general plan to reduce salaries and wages as an economy
measure, or as part of a general curtailment program, nor to layoffs
when necessitated by inclement weather or other adverse working conditions,
shortage of work or funds, or material changes in duties or organization.
The name of every employee so laid off shall be placed on the appropriate
reemployment list or lists as provided in the rules established hereunder
and such layoffs shall be without the right of hearing or appeal.
(e) The
rules and regulations shall provide for the form of the appeal, official
with whom it is to be filed and the required notices.
(Ord. 449 § 16, 1960; Ord. 477 § 1, 1962)
(a) The
personnel board may make such investigation as it deems necessary.
The personnel board shall conduct a hearing within ten days after
the appeal is filed, and within ten days after concluding the hearing
shall make findings and a decision affirming, revoking or modifying
the demotion, discharge, reduction in pay, or disciplinary act or
order. The findings and decision of the personnel board shall be final.
(b) The
rules and regulations shall provide for the notices required, procedure
for conducting any investigation and hearing and for the certification
of the findings and decision. The hearing need not be conducted according
to technical rules relating to evidence and witnesses.
(Ord. 449 § 17, 1960; Ord. 477 § 1, 1962)