§ 2.48.170  RULE XVI: DISCIPLINARY ACTION AND ADMINISTRATIVE REVIEW.
   (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)