Except as otherwise expressly provided for in a collective bargaining agreement or the Rules of the Civil Service Commission, as applicable, the following shall apply:
(a) Disciplinary action shall consist of one or more of the following:
(1) Informal reprimand;
(2) Formal written reprimand which becomes a part of the employee’s record;
(3) Suspension from duty without pay;
(4) Demotion in rank and salary; and/or
(5) Dismissal.
The head of the department concerned shall be primarily responsible for the discipline of employees within the department and he/she/they may take disciplinary action as provided in paragraphs (a)(1) and (2) hereof no later than fourteen calendar days after the date the department head becomes aware of the action or conduct which is the subject of such disciplinary action.
(b) The department head may recommend to the Appointing Authority that disciplinary action more severe than that provided for in paragraphs (a)(1) and (2) hereof be taken, and the Appointing Authority, with or without such a recommendation, shall have the ultimate duty and discretion to take disciplinary action provided for in paragraphs (a)(3), (4) and (5) hereof, and shall be the sole judge of its necessity, subject to the provisions for an appeal as provided in this chapter.
(c) Any disciplinary action provided for in paragraphs (a)(3), (4) and (5) hereof may be commenced by written recommendation from the department head to the Appointing Authority no later than thirty calendar days after the date the department head becomes aware of the action or conduct which is the subject of such recommended disciplinary action. A copy of such written recommendation shall be delivered simultaneously to the involved employee by the department head.
(d) Within ten calendar days after receipt of such written recommendation, the Appointing Authority may take whatever disciplinary action, as set forth herein, if any, is deemed appropriate under the facts and circumstances of the situation, and as provided in Section 256.12.
(e) However, in the event the Appointing Authority decides to take disciplinary action which is deemed appropriate under the facts and circumstances of the situation without such written recommendation from the department head, such action shall be taken as provided in Section 256.12 and no later than forty calendar days after the date the Appointing Authority becomes aware of the action or conduct which is the subject of such disciplinary action.
(Ord. 21-147. Passed 12-13-21.)