To avoid arbitrary and unfair decisions in serious disciplinary matters, the following procedures shall be followed in disciplinary cases involving reduction in pay or position, suspension for more than five (5) working days or discharge or termination of employment. These provisions shall apply to all employees in the unclassified service of the City, except supervisory personnel and secretaries assigned to directors of departments.
(a) Notice of Disciplinary Action. When a supervisor determines that there are sufficient grounds for imposing any of the disciplinary actions listed above upon an employee under his supervision, the supervisor shall prepare a notice of disciplinary action on forms provided by the Personnel Officer of the City. The notice shall include the recommended disciplinary action to be imposed and the grounds upon which such action is based.
(b) Service of Notice of Disciplinary Action. One (1) copy of the notice of disciplinary action shall be personally served upon the employee involved, or mailed certified mail, return receipt requested, to his last known address. The last known address shall be that address most recently supplied by the employee to the Personnel Office. A second copy of the notice shall be forwarded to the Personnel Officer of the City on the same day a copy is served upon the disciplined employee.
(c) Hearing. If the employee wishes to contest the disciplinary action recommended the employee shall submit a written request for a hearing to the City's Personnel Officer within one (1) week of receiving his notice of disciplinary action. Within a reasonable time after receipt of a written request for hearing, the City's Personnel Officer or his representative shall schedule an informal hearing to consider matters pertinent to the disciplinary action. The hearing shall be conducted according to the procedures formulated by the Mayor. Within seven (7) days after the hearing the Personnel Officer shall render a decision either approving, disapproving or modifying the disciplinary action recommended. The Personnel Officer shall forward copies of his decision to the employee and supervisor involved and one (1) copy to the Mayor. The Mayor may approve, reverse or modify the decision.
(d) Uncontested Actions. If an employee fails to submit a timely written request for a hearing, as provided by subsection (c) hereof, the employee is deemed to have waived his right to contest the disciplinary action imposed under this chapter. In uncontested cases, the Personnel Officer shall review the notice of disciplinary action and take such measure as he deems appropriate upon approval thereof by the Mayor. In cases of termination or discharge, the Personnel Officer shall review the matter and make a written recommendation to the Mayor either approving or disapproving termination and discharge. The recommendation of the Personnel Officer shall be final, subject to approval of the Mayor.
(e) Effective Date of Disciplinary Action. A suspension for more than five (5) days, or reduction in rank or compensation shall be effective from and after the date of service of the notice of disciplinary action upon the employee involved. If a superior recommends discharge or termination of employment, the employee involved shall be suspended from and after the date of service of the notice of disciplinary action, pending final determination of the matter as provided by this chapter. (A.O.; Ord. 153-2021. Passed 12-6-21.)