(a) Just Cause. No classified employee shall be reduced in pay or position, suspended, removed or reprimanded except for just cause. Prior to undertaking any such disciplinary action, the appropriate supervisor/superior most afford the employee the opportunity to present his response to the alleged misconduct or other alleged charges, at a pre-disciplinary hearing, which should be scheduled for the purpose; unless such hearing is waived by the employee. In addition to violations of law and ordinances, this chapter, or departmental/divisional rules and regulations, examples of just cause include, but are not necessarily limited to, the following:
(l) Falsification, misstatement, exaggeration, or concealment of any material fact in connection with employment, promotion, investigation, or any other administrative proceeding or matter.
(2) Disrespectful conduct, use of insulting, abusive or obscene language to or about other City personnel or the public while on the job.
(3) Gambling or unlawful betting on City property.
(4) Unlawfully manufacturing, distributing, dispensing, possession or using controlled substances in the work place; reporting for work under the influence of controlled drugs or with any residual effect from illegal drug use (e.g., impaired judgement, sickness, impaired reflexes, and the like).
(5) Consuming alcohol while on duty or during an employee's lunch break/meal period; reporting for work under the influence of controlled drugs or with any residual effect from illegal drug use (e.g., impaired judgement, sickness, impaired reflexes, and the like), or where there is any evidence of alcohol consumption (e.g., odor on the breath); consuming alcohol off-duty anytime an employee is in City uniform or is wearing any apparel which distinguishes that individual as an employee of the City.
(6) Off-duty, illegal conduct/behavior unbecoming a City employee emanating from the consumption of alcohol, or the use of illegal drugs, which, in the judgement of the City Manager, detracts from the image or reputation of the City as an organization, or which, in the judgement of the City Manager, erodes the public confidence in the City as an organization (e.g., disorderly conduct, assault; fighting, criminal trespassing, criminal menacing, disturbing the peace, OMVI, and the like, or other criminal acts).
(7) Failure to submit to drug and/or alcohol testing when required by the City; failure to adhere to conditions with regard to a drug or alcohol rehabilitation program, as offered by the City and as agreed to by the City and the employee.
(8) Reporting for duty or being on duty while under the influence of medication legally prescribed by a physician, or the purchase of "over-the-counter" medications, which may impair the employee's judgement, work performance, or physical/mental capabilities; operating City vehicles or equipment under the influence of medication legally prescribed by a physician, or the purchase of "over-the-counter" medications, which may impair the ability of the employee to safely and effectively operate such vehicles or equipment.
(9) Failure to start work at the designated time, quitting work before the proper time, or leaving work during working hours without the permission of the appropriate supervisor.
(10) Failure to observe precautions for personal safety, posted rules, signs, safety instructions, or failure to use protective clothing or equipment.
(11) Unexcused or unauthorized absences on one or more scheduled days of work or failure to report for work without giving proper advance notice; unless such advance notice was impossible to render.
(12) Deliberate discrimination against an employee or applicant because or race, color, religion, sex, national origin or disability, or any reprisal action against any employee or applicant based on such criteria.
(13) Insubordination, deliberate refusal to carry out any proper order from any supervisor having responsibility for the work in which an employee is engaged.
(14) Contributing to the poor condition of City equipment or property either through misuse, abuse or similar activity.
(15) Vending, soliciting or collecting contributions on the employer's time without authorization of the City Manager.
(16) Posting, removing or defacing any matter on the employer's walls, doors or bulletin boards without authorization of the City Manager.
(17) Permitting any unauthorized person to enter into or ride in a City vehicle without express, written authorization from the employer unless such action is taken in the direct interest of the health, safety and welfare of the public.
(18) Failure to report a personal injury accident in the performance of job duties. Such report must be in writing and submitted to the Department/Division Head.
(19) Failure or unnecessary delay in carrying out orders, work assignments or instructions.
(20) Unauthorized possession of, use of, loss of, or damage to City property/equipment or endangering same through carelessness.
(21) Disorderly conduct; fighting; threatening or attempting to inflict bodily injury to another; engaging in horseplay; resisting competent authority; triggering false alarms of fire or emergency preparedness systems.
(22) Conviction of a felony while an employee of the City.
(23) Abusive, threatening or coercive treatment of another employee or the public while on the job.
(24) Inability to get along with fellow employees so that work is hindered or does not meet required standards.
(25) Conduct unbecoming an employee; illegal conduct, whether on or off duty, which, in the judgement of the City Manager, detracts from the image or reputation of the City as an organization, or which, in the judgement of the City Manager, erodes the public confidence in the City as an organization (e.g., immoral or indecent conduct, disorderly conduct, assault, fighting, criminal trespassing, criminal menacing, disturbing the peace, OMVI, and the like or other criminal acts).
(26) Making irresponsible statements which are slanderous or misrepresent the position of the City or City officials.
(27) Sleeping or 1ounging during working hours; except for those employees expressly permitted to do so such as on-duty firefighters during approved hours and periods.
(28) Excessive, unexcused tardiness after verbal reprimands have failed to correct employee's behavior.
(29) Disobedience to or noncompliance with any directive, policy or administrative order of the City Manager.
(30) Any other offense of equal magnitude to those listed herein or for which disciplinary action is warranted.
(b) Progressive Discipline.
(1) The principles of progressive disciplinary action will be followed with respect to minor offenses. For minor offenses, an oral reprimand, a written reprimand and a suspension shall be given prior to demotion or dismissal.
(2) The primary responsibility for the administration of discipline shall rest upon the immediate supervisor of the employee to be disciplined, although if he fails to take action, which in the opinion of his superior is justified, such superior himself may impose the discipline. Such disciplinary action may consist of any action which is appropriate to the offense, including:
A. Informal (oral) reprimand;
B. Formal, written reprimand which becomes part of the employee's personnel file;
C. Suspension from duty without pay;
D. Demotion in rank or reduction in salary; or
E. Dismissal.
(3) Disciplinary action taken against an employee, which is other than in the nature of a minor first offense warning, shall be in writing and made a part of the employee's permanent personnel file.
(4) A suspension from duty without pay for a period exceeding three days must be reviewed and approved by the City Manager prior to becoming effective. Informal reprimands, formal reprimands and suspensions from duty without pay for three days or less shall not require prior approval by the City Manager. However, it is suggested that the Department/Division Heads notify the City Manager whenever an employee is suspended for three days or less. All demotions in rank, reductions in salary and dismissals must be reviewed and approved by the City Manager prior to becoming effective. Nothing in this division shall be deemed to preclude an employee from being relieved of duty if in the judgement of his supervisor such action is necessary. In all cases of discipline, the grievance procedure set forth in Section 157.51 shall control. Disciplinary actions shall in all cases be dealt with in a confidential manner. Specifically, employees who are or who may be the subject of any disciplinary action and supervisors/superiors who take or are considering taking any disciplinary action shall refrain from discussing or otherwise disclosing such action to any persons except those who by this chapter or other law are entitled to such information. Whenever a written communication is transmitted to a higher supervisory authority in which matters are discussed which, if true, could become the basis of disciplinary action against an employee, whether or not such disciplinary action is subsequently taken, the employee who is the subject of such communications shall be given a copy of it at the time of its transmittal. This subsection does not apply to communications regarding a criminal investigation into activities of any employee.
(c) Responsibility for Discipline. The duty of maintaining discipline among employees shall rest initially with the immediate supervisor and finally with the City Manager. The City Manager has the power and duty, when he deems it necessary for the good of the service, to suspend, remove, or otherwise discipline all City employees and appointive administrative officers; with the exception of the Clerk of Council.
(d) Copy of Discipline Record. Whenever a disciplinary action is taken which rests in a disciplinary action of record as provided in subsection (b)(2)B. through E. herein, the employee shall be given a copy of such record.
(Ord. 20-04. Passed 2-23-04.)
(Ord. 20-04. Passed 2-23-04.)