(a) Guidelines. The director of human resources is authorized and directed to promulgate guidelines and procedures, consistent with the city charter, ordinances, and civil service rules and regulations, as are reasonably necessary and appropriate to implement the rules of employee conduct and discipline contained in this chapter.
(b) Departmental rules. Because of the variety of services performed by the city, it may be necessary for departments to establish codes of conduct, rules, orders, directives, and procedures to accomplish departmental responsibilities. An employee who violates a departmental code of conduct, rule, order, directive, or procedure is subject to disciplinary action. Departments may designate the level of supervisory or departmental authority at which disciplinary action may be taken or recommended. The provisions of this chapter and the procedures set forth in the administrative directives of the city take precedence over departmental rules.
(c) Pending investigations. When an employee is suspected of a violation of a city, state, or federal law, rule, order, directive, procedure, or regulation that, if proven, would justify disciplinary action, an investigation may be conducted to determine the exact nature and extent of the alleged violation, and the employee may be placed on administrative leave with pay pending the outcome of the investigation and the imposition of disciplinary action.
(d) Disciplinary action; procedures and notices.
(1) Formal disciplinary action includes reprimand, suspension, demotion, or discharge. Removal from a position as a result of a reorganization or reduction in force is not a disciplinary action. Letters of counseling or advice are not considered to be disciplinary action but are meant for the purpose of advising the employee of:
(A) deficiencies in the employee’s conduct or performance;
(B) possible violations caused by the employee’s conduct or performance; or
(C) ways in which the employee’s conduct or performance should be improved.
(2) The procedure for a formal disciplinary action of reprimand, suspension, demotion, or discharge includes the following:
(A) Written notice must be given to the employee stating:
(i) the type of disciplinary action taken, i.e., reprimand, suspension, demotion, or discharge;
(ii) the specific rule violated;
(iii) the specific incident causing the action; and
(iv) the employee’s right to appeal, if applicable, to a specific office within a specified time.
(B) Before an action of demotion or discharge is taken, an employee who has an internal right of appeal to a civil service trial board or to an administrative law judge must be given an opportunity to respond to the allegations, both in writing and orally, before the person having authority to take the action.
(3) The disciplinary procedures set forth in Paragraph (2) of this subsection do not apply to:
(A) a department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter;
(B) a permanent appointee who has not completed an initial probation, if applicable, as described in Section 34-11(d) of this chapter; or
(C) a non-civil service employee.
(4) A suspension imposed under this subsection may not exceed 45 working days for a single disciplinary action. Any employee who merits a suspension longer than 45 working days should be discharged. This subsection does not imply that a discharge that, upon appeal, has been reduced to a suspension cannot exceed 45 working days. (Ord. Nos. 19340; 19562; 21304; 22026; 24873; 26182; 28425)