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(A) Leave of absence without pay. The Personnel Officer may grant an employee a leave of absence without pay for a period not to exceed six months. Any leave of absence for a period longer than six months may be approved at the discretion of the City Council. Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure of an employee on leave to report promptly at its expiration shall be cause for discharge. An employee on a leave of absence in excess of two weeks shall not receive or accrue any employee benefits.
(B) Attendance. Employees shall be in attendance at their work in accordance with rules regarding hours of work, holidays and leaves. Failure on the part of an employee, absent without leave, to return to duty after receipt of notice to return shall be cause for discipline. The preceding notwithstanding, an employee absent without leave for three consecu-tive work days shall be discharged unless the employee can present justification acceptable to the city for such absence.
(C) Additional employment. Any full-time employee desiring to accept employment in addition to his city employment shall secure the approval of the appointing authority and Personnel Officer. The employee may be required to furnish proofs that both he or she and the secondary employer will insure against all acts relating to the additional employment and hold the city harmless from liability arising out of the acts. Such approval shall not be given if the employment is incompatible with his or her city responsibilities. The incompatibility may arise from either the time or nature of the outside employment. In determining incompatibility, it shall be recognized that many city positions require employees to be available at times additional to their regular working hours.
('86 Code, § 2.48.130) (Ord. 3898, passed - - )
(A) Assignment of responsibility. Each depart-ment head shall be responsible for the provision of orientation, induction and on-the-job training and assisting in the continuing development of each employee in his department.
(B) Training time. Training to improve the quality of work of the employee in his or her present position shall be considered city business and may be conducted during or after regular working hours. Training to prepare an employee for promotion shall be on the employee's own time unless it is to the city's best interest to use work time, as determined by the respective department head with the approval of the Personnel Officer.
(C) Credit for training. Participation in the successful completion of training courses and activities may be considered in making advances and promotions. Evidence of such activity may be filed by the employee with the Personnel Officer.
('86 Code, § 2.48.140) (Ord. 3898, passed - - )
Acceptance of employment by an eligible candidate means that he or she has agreed to follow the city's safety rules and methods. It shall be the responsibility of the respective supervisors to promote safety consciousness among the employees and provide training of safe practices. The city's policy regarding safety incorporates the following considerations and conditions:
(A) Safety rules must be followed by all employees;
(B) The city shall provide all employees with safe working conditions and safety equipment deemed necessary by the city;
(C) Violators of safety rules are subject to discipline;
(D) An employee who is injured within the course and scope of employment must report for medical attention and notify his supervisor immediately.
('86 Code, § 2.48.150) (Ord. 3898, passed - - )
(A) Purpose of complaint and grievance pro-cedure. It is the city's purpose to provide an effective and acceptable system whereby employees can seek resolution of grievances or complaints on matters affecting their jobs. All levels of admini-stration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLAINT. An allegation or charge that a wrong has been committed.
COMPLAINT PROCEDURE. The process by which a determination is made whether or not a wrong has been committed.
GRIEVANCE. An expressed claim by an employee that the city has violated, misinterpreted or misapplied an obligation to the employee as such obligation is expressed and written in the charter, code or this personnel ordinance.
GRIEVANCE PROCEDURE. The process by which the validity of a grievance is determined.
REPRESENTATIVE. A person who, at the request of the employee or management, is invited to participate in grievance conferences and complaint conferences as specified herein.
(C) Complaint procedure.
(1) The employee should review any complaint with his supervisor. The supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.
(2) If the action taken by his or her immediate supervisor is not satisfactory, the employee may take his or her complaint to successive levels of supervision, as determined by the chart of administrative organization, up to and including the City Manager. The employee may have a representative at complaint conferences at the department head level and above.
(D) Grievance procedure.
(1) Step one. The employee shall inform his or her immediate supervisor, orally or in writing, of his or her grievance and relevant facts within ten work shifts or business days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his or her immediate supervisor within two work shifts or business days after the employee has expressed the grievance. The immediate supervisor shall advise the employee of his or her decision within two work shifts or business days following the conference.
(2) Step two. If the grievance is not resolved in step one, the employee shall put the grievance in writing and submit two copies to his or her immediate supervisor and department head not later than five work shifts or business days following completion of step one. The written grievance shall include a citation of the sections of the charter, code or this personnel ordinance alleged to have been violated and the remedy sought by the employee. The department head shall review the grievance and meet with the employee and give his or her written decision to the employee within five work shifts or business days from receipt of the grievance.
(3) Step three.
(a) In the event the grievance is not resolved in step two, the employee may submit his or her grievance to the City Manager, or his or her designee, not later than five work shifts or business days following completion of step two. The City Manager, or his or her designee, shall have five work shifts or business days in which to review the matter. At the completion of his or her review, the City Manager, or his or her designee, shall render a decision in writing to the employee and other concerned parties. The employee may be represented by anyone of his or her choosing at the City Manager's, or his or her designee's, hearing.
(b) The decision of the City Manager, or his or her designee, shall be final in all cases.
(E) General provisions.
(1) No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.
(2) Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the personnel officer and given appropriate distribution. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files.
(3) Failure at any step of this process to communicate the decision on the grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step.
(4) The grievant shall be present at all steps of the procedure.
(5) Failure at any step of the procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.
(6) The time limits specified at any step in this procedure may be extended by mutual agreement.
('86 Code, § 2.48.160) (Ord. 3898, passed - - ; Am. Ord. 4216, passed - - )
(A) Disciplinary action. Disciplinary action refers to actions by management directed to the modification of employee conduct which is contrary to the best interests of the public service. It is primarily educational and corrective in nature and taken in response to acts or a failure to act on the part of the employee. Disciplinary action does not include demotions, pay reductions, and layoffs resulting from service modifications, general cost reduction programs, or organizational changes. The following disciplinary actions may be taken against any employee:
(1) Oral and written reprimands. Informal (oral) or formal (written) notification of performance or conduct deficiencies.
(2) Suspension. The temporary separation from the service of an employee for disciplinary purposes.
(3) Salary reduction. A reduction in pay from the employee’s current step within a pay range to a lower step within that same range as provided in the city’s salary ordinance and/or resolution and schedule of salary ranges.
(4) Demotion. Involuntary movement from a position in one class to a position in another class having a lower salary range.
(5) Dismissal. Discharge from the city service.
(B) Cause for disciplinary action. An employee shall be subject to discipline for misconduct, incompetency, inefficiency or failure to observe the rules and regulations of the department, or to cooperate reasonably with his or her superiors or fellow employees, or for violation of these rules, or for other reasonable causes. In addition to the foregoing, the following is a nonexclusive list of the more common causes for disciplinary action:
(1) Violation of city policies, ordinances, rules and regulations.
(2) Failure to maintain job performance standards.
(3) Failure to maintain adequate personal appearance.
(4) Lack of cooperation and courtesy.
(5) Insubordination.
(6) Carelessness.
(7) Failure to comply with these rules regarding attendance and working hours.
(8) Violation of a safety rule.
(9) Failure to prepare and/or maintain prescribed records (such as, falsifying, concealing, misusing, mutilating or removing).
(10) Willful concealment of pertinent information from supervisors.
(11) Physical abuse or threats directed at supervisors, co-workers, or the public.
(12) Willful damage of city property.
(13) Theft of city property or property of others.
(14) Under the influence of alcohol while on duty.
(15) Using, possessing, or being under the influence of illegal drugs or illegal narcotics while on duty.
(16) Conviction of a crime affecting job performance. However, conviction is not a prerequisite to disciplinary action.
(C) Notification of proposed disciplinary action. An affected employee shall be given prior notice of proposed disciplinary action, except reprimands. Notification shall include a statement of the proposed action and the reasons therefor, together with the right to request the materials upon which the action is based and to respond, either orally or in writing, to the authority initially imposing discipline.
(D) Records of disciplinary actions.
(1) Filing of records. Records of disciplinary actions will be filed in the confidential portion of an employee’s personnel file. This section shall not be open without the permission of the Personnel Officer.
(2) Records purging. Records of disciplinary actions shall be purged five years after the date of the action was taken unless there are subsequent disciplinary actions in the same or related areas.
(E) Administrative review.
(1) Right to administrative review. Any permanent employee in the classified service, shall have the right to an administrative review of a disciplinary suspension, salary reduction, demotion or dismissal. The administrative review, as hereinafter defined in division (E)(2) of this section shall be conducted prior to the effective date of the disciplinary action, unless unusual circumstances justify an effective date which makes prior review unfeasible. In this event, the review shall be conducted within a reasonable period of time after the effective date of the disciplinary action.
(2) Administrative review process. A department head considering disciplinary action subject to the administrative review process shall serve the affected employee with a written notice of the proposed action and the time period within which a written request for an opportunity to be heard orally or in writing may be filed by the employee. If the employee requests, he or she shall be provided copies of materials upon which the proposed disciplinary action is based.
(a) Upon receipt of the employee’s written request, the department head shall conduct any further necessary investigation and meet with the employee within five work shifts or business days. At the conclusion of this meeting and within five work shifts or business days after the meeting, the department head shall concurrently serve a written decision upon the employee and the Personnel Officer.
(b) When the dismissal of a permanent employee is under consideration, the appointing authority, or his or her designee, shall participate in the meeting and must concur in the decision of the department head, if the department head decides to terminate the employee before the employee is served with the written decision. The written decision of the department head shall be in the form of a notice of whatever action the department head has decided upon and shall be served upon the affected employee, with a copy of same being filed concurrently with the Personnel Officer and the Civil Service Commission.
(c) If the permanent employee is dissatisfied with the decision of the department head, and if such decision involves any of the disciplinary actions set forth in § 2.48.180(A) (Rule XVII) of this code, the employee may appeal the decision to the Civil Service Commission within 15 days after receipt of such decision.
(F) Firefighters. The procedures in § 2.48.170 (C) and (E) shall not apply to a firefighter, as defined in § 2.48.181, who is subject to the procedures set forth in § 2.48.181. A firefighter who is not subject to the procedures set forth in § 2.48.181 shall remain subject to the procedures in this § 2.48.170, including divisions (C) and (E).
(‘86 Code, § 2.48.170) (Ord. 3898, passed - - ; Am. Ord. 4671, passed 5-26-15)
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