[Amended 11-13-2014 by Ord. No. 14-17]
Disciplinary action in the City service is necessary from time
to time in order that the City government operate in an effective
manner. Disciplinary action may take the following recognized forms:
oral reprimand, written reprimand, suspension, demotion or dismissal.
No City employee shall be disciplined for political or religious reasons
or for any other unjust or arbitrary cause. The City of Colonial Heights'
disciplinary procedure shall be progressive in nature, wherever practical,
in an effort to correct any employment deficiency; provided, however,
that there are instances in which it is impractical to impose discipline
in a progressive manner, resulting in the imposition of a more serious
disciplinary action, including dismissal from employment, as the initial
disciplinary action taken against an employee.
[Amended 6-14-1994 by Ord. No. 94-12; 8-12-2008 by Ord. No. 08-21]
An obligation rests with every employee of the
City of Colonial Heights to render honest, courteous and efficient
performance of duties. Employees will, therefore, be responsible and
held accountable for adhering to all City policies, rules, directives,
and procedures prescribed by the City or as directed by supervisory
or management personnel. Failure to comply with City policies, or
any action or inaction which in the sole discretion of the City is
harmful to the City or its employees and public, as well as the City's
reputation, may result in discipline, including immediate termination.
The following list has examples of some reasons for disciplinary action,
including termination; although it is impossible to state all the
specific types of conduct or action that may lead to disciplining
an employee. Conduct that may result in disciplinary action includes,
but is not limited to:
A. Insubordination or refusal to comply with the proper
order of an authorized supervisor.
B. Intentional abuse or destruction, or negligence, in
the care and handling of City property.
C. Unauthorized use of City property.
D. Theft and stealing of City property or another employee's
property.
E. Violation of or refusal to comply with pertinent laws
and regulations, and conviction of a felony or other charge involving
moral turpitude.
F. Disgraceful conduct, dishonesty or misconduct related
to employment.
G. Misappropriation of City funds.
H. Willful, wanton, unreasonable, unnecessary or grossly
negligent acts constituting brutality or cruelty to a person in custody;
which shall not include acts done necessarily and lawfully in self-defense
or to protect the lives of others or unreasonably to prevent the escape
of a person lawfully in custody.
I. Disclosure of confidential information to any person
unless directed to do so by the City Manager.
J. Discourtesy to the public while on the job or the
use of profane or discourteous language toward a supervisor, another
employee or a member of the public.
K. Unauthorized or excessive absenteeism or patterns
thereof, including tardiness without a reasonable explanation and
sick leave abuse.
L. Acceptance of money or other valuable consideration
given/received with the intent of influencing the employee or actually
influencing the employee (either actual or the potential to influence)
in the performance of his/her official duties.
M. Intentional falsification of an official City document,
including falsification of application papers and time cards, or of
any written report or oral testimony required under any circumstances.
N. Evidence of continued unsound judgment in performing
official duties, including deliberate or careless conduct endangering
the safety of oneself or others.
O. Failure to meet the prescribed standards of work or
performing incompetently or inefficiently.
P. Any attempt to sell materials, goods, services, etc.,
to the City so as to receive direct financial gain or remuneration,
or which is detrimental to the City; vending or soliciting merchandise
or services during working hours without permission.
Q. Engaging in any action which constitutes a conflict
of interest between the employee and City government, including the
use or attempted use of political influence or one's official authority,
to affect one's employment with the City.
R. Any action which is harmful to the City, its employees,
or its citizens, or any action or inaction which harms the City's
reputation or is likely to harm the City's reputation with the public.
S. Job abandonment involving absence from the job or
inability to report for work due to reasons unacceptable to the City,
including incarceration.
T. Indifference toward working, including, but not limited
to, inattention, loafing, sleeping, wasting time, carelessness, or
negligence.
U. Leaving jobsite area without permission, failure to
remain at one's workstation or taking excessive time or more time
than allowed on breaks or meal periods.
V. Performance of other forms of employment during working
hours.
W. Failure to work with co-workers that leads to performance
inefficiency or ineffectiveness.
X. Provoking, instigating or participating in a fight
on duty.
Y. Physical violence against another employee or a member
of the public.
Z. Unauthorized carrying of a concealed weapon.
AA. Failure to pay or make reasonable provisions for future
payment of debts that negatively affects job performance or create
unduly burdensome demands on a co-employee.
BB. Refusal to participate or failure to adequately perform,
as required under any health and fitness program mandated by the City
of Colonial Heights.
CC. Gambling on City property, including acts performed
with the aid of City-owned computers, electronic devices, Internet
connections, and telephones.
DD. Workplace harassment, including sexual harassment,
based on race, color, religion, sex, national origin, disability,
or age in violation of Title VII of the Civil Rights Act of 1964.
EE. Violation of the City's Substance Abuse Policy; its
Workplace Violence Policy; its Regulation for the Use, Maintenance
and Operation of City Vehicles; or any written City rule, procedure,
or policy on workplace safety.
FF. Violation of any rule, procedure, or policy specified
in this Chapter or any other City rule, procedure, or policy.
An official oral reprimand will be given when
appropriate. In order to officially record that an employee's action
necessitated such reprimand, the fact and subject of the oral reprimand
made shall be entered into the employee's official personnel file.
Where a more serious form of discipline is appropriate,
a formal written reprimand will be prepared and presented to the employee.
A copy of the formal written reprimand shall be inserted in the employee's
official personnel file.
[Amended 11-13-2014 by Ord. No. 14-17]
A department director may, for just cause, suspend any City
employee with or without pay for a period not to exceed 15 workdays.
Each suspension and a statement of reasons therefor shall be inserted
in the employee's official personnel file. With the approval of the
City Manager, an employee may be suspended for a longer period pending
the investigation or trial of any charge against him. An employee
shall not be suspended until he is given notice of the suspension
and the reasons for the suspension.
Any City employee who shall be suspended shall
be furnished with written charges within 24 hours from such suspension,
specifically stating the offenses with which he is charged, which
shall be signed by the department head. A copy of all written charges
will be placed in the employee's personnel file.
[Amended 11-13-2014 by Ord. No. 14-17]
With prior approval of the City Manager, a department director
may reduce the salary of an employee within the ranges provided in
the pay plan or demote the employee to a lower grade, for just cause.
An employee shall not have his salary reduced or be demoted to a lower
grade until he is given notice of the salary reduction or demotion
and the reasons for such action.
Any City employee who shall be demoted shall
be furnished with written notice within 24 hours of such action, specifically
stating the reason or reasons for which the demotion is to take place;
such notice shall be signed by the employee's department head, and
a copy of charges will be placed in the employee's personnel file.
[Amended 11-13-2014 by Ord. No. 14-17]
No City employee shall be dismissed until he is given written
notice of the dismissal and the reasons for such action. Also, a dismissed
employee shall be advised in writing of his right to contest the dismissal
by invoking the City Grievance Procedure. Such notice shall be signed
by the employee's department director, and a copy of the notice shall
be placed in the employee's personnel file.