(a) Discipline procedures exist to prevent or correct situations which may jeopardize the employee's welfare and the welfare of other employees or the City through incompetency, inefficiency, dishonesty, bribery, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other act of misfeasance, malfeasance or nonfeasance in the performance of duty, or misconduct. The following indicates the City's approach toward discipline:
(1) Warnings. Warnings may be oral or written. The objective of the initial contact with any employee who has apparently violated a rule or regulation, or in some way engaged in unacceptable conduct, is to gather all the facts relevant to the situation prior to making a judgment. If a rule or regulation has been violated, an oral warning is normally sufficient for the first offense, unless the seriousness of the case demands stronger action. A written warning normally will be given for a repeated violation.
(2) Suspensions. If an employee repeatedly engages in a rule or regulation violation, or if the nature of such violation is serious, the employee will be suspended without pay for a period of time commensurate with the offense. Such suspension may be progressively longer if repeated unless discharge is warranted.
(3) Discharge for cause. When an employee's action is of a very serious nature the above procedure may be disregarded and immediate dismissal instituted. If an employee is asked to leave, the employee will receive his final pay according to the scheduled normal pay plan period as defined elsewhere in this chapter.
(b) When the Mayor has reason to believe that a member of the police service has been guilty of incompetency, inefficiency, dishonesty, bribery, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other act of misfeasance, malfeasance or nonfeasance in the performance of duty, he shall take such action as is required, and the hearing and disposition of such charges shall be made as provided in Ohio R.C. 737.171.
(c) When the Mayor has reason to believe that a member of the fire service has been guilty of incompetency, inefficiency, dishonesty, bribery, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty or any other act of misfeasance, malfeasance or nonfeasance in the performance of duty, he shall take such action as is required, and the hearing and disposition of such charges shall be made as provided in Ohio R.C. 733.35 through 733.39.
(d) Employees other than those covered by subsections (b) and (c) hereof, may be removed at any regular meeting of Council. At such meeting, the employee subject to removal shall have the right to be heard in person or by counsel, and to present evidence and to examine and cross examine any witness. Removal of employees under this subsection shall be without cause and at the discretion of Council.
(Ord. 19-85. Passed 9-3-85.)