[Ord. No. 545, 3-16-2023]
One (1) of the primary objectives of supervision is to ensure prompt, efficient and courteous service to the public. To meet this goal supervisors are responsible for training, assisting, motivating, directing and correcting behavior of staff. In any organization it is essential that certain standards of personal conduct and work performance be maintained. Most people prefer to work in an orderly environment and will readily conform to reasonable rules of conduct and standards of performance as long as they understand what is expected of them. Supervisors are responsible for informing their subordinates of management's expectations. Where problems with employee behavior or performance arise, a supervisor should seek to correct the problem with the least amount of disruption to the work environment. Discipline is a means to correct employee behavior and performance. This information addresses both progressive discipline and summary discharge.
[Ord. No. 545, 3-16-2023]
A. 
Violation of any of the provisions of the policies and procedures set forth in this Manual is a basis for disciplinary action.
B. 
In addition, the following are declared to be grounds for disciplinary action including; demotion, suspension, or termination of any employee:
1. 
Conviction of a felony.
2. 
Acts of incompetence.
3. 
Absence without leave.
4. 
Acts of insubordination.
5. 
Intentional failure or refusal to carry out instructions.
6. 
Misappropriation, destruction, theft, or conversion of City property.
7. 
Employee subsequently becomes physically or mentally unfit for the performance of his/her duties.
8. 
Acts of misconduct while on duty.
9. 
Habitual tardiness and/or absenteeism.
10. 
Falsification of any information required by the City.
11. 
Failure to properly report accidents or personal injuries while on duty or operating City property.
12. 
Neglect or carelessness resulting in damage to City property or equipment.
13. 
Repeated convictions during employment of misdemeanor and/or traffic charges.
14. 
Possession or misuse of non-prescription controlled substances.
15. 
Failure of a drug or alcohol test.
16. 
Loss of license or qualification for position.
17. 
Discourtesy to a customer, provider, or the general public resulting in a complaint or loss of good will.
18. 
Accepting money or favors or gifts for personal gain for work done as a City employee.
19. 
Off-duty conduct of such major import that the employee is unable to fulfill job responsibilities.
20. 
Off-duty misconduct of such significance that there is an adverse effect upon the City.
[Ord. No. 545, 3-16-2023]
A. 
Only the Board of Aldermen has the authority to terminate an employee. An employee may be suspended by the Mayor pending a decision by the Board of Aldermen, with or without pay.
B. 
Personnel actions less than termination may be taken by the supervisor with the approval of the Mayor.
[Ord. No. 545, 3-16-2023]
A. 
Progressive discipline is utilized for employees who are not in a probationary period, and may include oral warning, written warning, suspension, and ultimately discharge.
B. 
The goals of progressive discipline are to: inform the employee of inadequacies in performance or instances of improper behavior; clarify what constitutes satisfactory performance or behavior; instruct the employee on what action must be taken to correct the performance or behavior problem; and inform the employee of what action will be taken in the future if the expectations are not met.
C. 
There are several levels of disciplinary action, each progressively more serious, which may be used to correct employee performance and behavior. While it is desirable to follow progressive discipline, the City is not required to follow such progression and may impose such discipline as may be deemed appropriate.
1. 
Oral Warning. An employee may be issued an oral warning for a performance or behavior problem. Oral warnings are typically issued during a private conference between the supervisor and the employee where the supervisor explains the problem and what the employee must do to return to satisfactory status. Supervisory notes to the file are permissible and, in most cases, appropriate. The employee should be informed that the conference is being conducted for the purpose of issuing an oral warning. This ensures that the employee is aware that disciplinary action is taking place.
2. 
Written Warning. Employees may be issued a written warning as a letter or memo which contains the following information: a description of the specific problem or offense; the most recent incident and when it occurred; previous actions taken to correct the problem (if applicable); expectations and acceptable standards of performance; and warning that further unsatisfactory behavior or performance may result in further disciplinary action. Typically, the written warning is issued and discussed with the employee in private conference with the supervisor. A copy of the written warning should be given to the employee and a copy placed in the employee's official personnel record. The written warning may also specify a review period, if appropriate, in which the employee's behavior or performance will be reviewed. If prior oral warnings have been given on the same subject these should be noted in the written warning.
3. 
Suspension. Non-exempt employees may be suspended without pay for incidents which are serious enough to warrant summary suspension, or after less severe disciplinary actions have been taken. The duration of the suspension should be commensurate with the offense. Typically, the employee is informed of the suspension in private conference with his/her supervisor. The employee is given a letter detailing the basis for the action which specifies: the length of the suspension (beginning and ending dates); a description of the specific problem or offense; the most recent incident and when it occurred; previous actions taken to correct the problem, if applicable; expectations and acceptable standards of performance; and a warning that further unsatisfactory behavior or performance may result in further disciplinary action, up to and including discharge. The suspension letter may also specify a review period, if appropriate, in which the employee's behavior or performance will be reviewed.
4. 
Discharge. Employees may be discharged for incidents which are serious enough to warrant summary discharge, or after less severe disciplinary actions have been taken. It is advisable to discharge an employee in private conference with his/her supervisor and other appropriate levels of supervision. During this conference the employee is usually given a letter or a memorandum clearly stating the effective date of discharge. When allegations are serious enough to merit summary discharge, the employee should be suspended pending investigation. This suspension is for the purpose of investigating the problem and conferring with appropriate officials regarding the decision to discharge and should be so communicated to the employee.
[Ord. No. 545, 3-16-2023]
A. 
Whenever a Law Enforcement Officer ("officer") is under administrative investigation or is subjected to administrative questioning that the officer reasonably believes could lead to disciplinary action, demotion, dismissal, transfer, or placement on a status that could leave to economic loss, the investigation or questioning as well as the due process hearing shall be conducted pursuant to Section 590.502, RSMo., which is generally set forth below.
1. 
Complainant (including employees of the City or employees in the Police Department) must file a written statement outlining the complaint, including personal identifying information of complainant (all personal identifying information shall be held confidential by the City).
2. 
Officer shall receive written notice (the "notice") of the existence and nature of the alleged violation and the individuals who will be conducting the investigation.
a. 
Officer receives the notice and copy of the complaint, at least twenty-four (24) hours prior to any interview.
3. 
Prior to the interview, the investigator shall advise the officer of the Garrity Rule (the officer is being ordered to answer questions under threat of disciplinary action and that the officer's answers to the questions will not be used against the officer in criminal proceedings).
4. 
Prior to the interview, the officer and his/her attorney shall have the opportunity to review the complaint.
B. 
Interview Of The Officer.
1. 
Interviews shall be conducted for a reasonable length of time and only while the officer is on duty, unless reasonable circumstances exist that necessitate questioning the officer while he/she is off duty.
2. 
Interviews shall be conducted at a secure location.
3. 
The officer shall be questioned by up to two (2) investigators and be informed of the name, rank and command of the investigator(s) conducting the investigation(s).
4. 
The officer shall not be threatened, harassed, or promised rewards to induce them into answering questions.
5. 
The officer under investigation is entitled to have an attorney or authorized representative present during any questioning.
6. 
The City will complete the investigation and render a disciplinary decision within ninety (90) days from receipt of the complaint.
7. 
Upon completion of the investigation, a copy of the entire record shall be provided to the officer within five (5) business days of the officer's written request.
8. 
All records compiled as a result of the investigation shall be held confidential and not subject to disclosure under the Missouri Sunshine Law (except for lawful subpoena or court order).
C. 
Disciplinary Appeal Hearing.
1. 
Officers who are suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss shall be entitled to full due process hearing. The components of the hearing include:
a. 
Right to be represented by an attorney or other person of their choice.
b. 
Seven (7) days' notice of the hearing date and time.
c. 
An opportunity to review the record, at least seven (7) days in advance of the hearing.
d. 
Right to refuse to testify at the hearing if officer is concurrently facing criminal charges in connection with the same incident.
2. 
Complete record of the hearing shall be kept by the City and a copy provided to the officer upon written request.
3. 
Entire record of the hearing shall remain confidential and not subject to disclosure under the Missouri Sunshine Law.
4. 
Any decision, order or action taken following the hearing shall be in writing and accompanied by findings of fact.
5. 
A copy of the decision along with the findings of fact, written action and right of appeal shall be delivered or mailed to the officer promptly after decision made.
6. 
Officers shall have the opportunity to provide written responses to any adverse materials placed in their personnel file.
7. 
Officers have the right to compensation for any economic loss incurred during an investigation if the officer is found to have committed no misconduct.
D. 
Civil Claims Against Officer.
1. 
City shall defend and indemnify the officer from and against civil claims made against them if the conduct arose in the course and scope of the officer's obligations and duties as a Law Enforcement Officer - this includes any actions taken off-duty; and
2. 
If convicted, or the officer pleads guilty to criminal charges, then the City is not obligated to defend and indemnify the officer in any related civil claims.