§ 39.11 DISCIPLINARY ACTION.
   Whenever an employee’s performance, attitude, work habits, or personal conduct at any time fall below an acceptable level, the supervisor and/or department head shall inform the employee promptly and specifically give counsel, guidance, and assistance. This will include any actions of employees which are in noncompliance with departmental rules and regulations, City policies, and ordinances. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating disciplinary action. In some cases, the circumstances may justify immediate action; the action to be taken depends on the seriousness of the incident and the employee’s past performance and conduct.
   (A)   The following shall be considered as offenses punishable by reprimand, suspension, or dismissal.
      (1)   Theft, negligence, or destruction of any City property or resources, including, but not limited to, vehicles.
      (2)   Incompetency, inefficiency, negligence, or misrepresentation in the performance of duty.
      (3)   Insubordination that constitutes a serious breach of discipline.
      (4)   Conviction of a criminal offense.
      (5)   Drinking of and/or possession of intoxicating beverages or use of and/or possession of controlled substances during working hours.
      (6)   Absence without leave.
      (7)   Physical violence.
      (8)   Conduct unbecoming a City official or employee.
      (9)   Violation of City ordinances or state or federal law.
      (10)   Noncompliance with departmental work rules and regulations.
   (B)   Reprimand. In situations where an oral warning has not resulted in the expected improvement or where more severe action is warranted, the employee’s supervisor or department head may issue a written reprimand. A copy of the written reprimand will be presented to the employee and a copy placed in the employee’s personnel record.
   (C)   Suspension. In situations where a written reprimand has not resulted in the expected improvement, or where more severe action is warranted, the department head may suspend the employee without pay for reasons of misconduct, negligence, inefficiency, insubordination, disloyalty, unauthorized absence, or any violation listed above in (A)(1) through (10). The employee shall be furnished with a written notice following this action stating the reason for the suspension. An employee not covered by a Collective Bargaining Agreement may appeal the decision of suspension as outlined in § 39.12. An employee covered by a Collective Bargaining Agreement shall follow the procedure outlined in such agreement for disputing the imposition of the suspension. Any suspension imposed, and the reasons therefor, shall be documented in the employee’s personnel record.
   (D)   Dismissal. A department head may seek the dismissal of any City employee. Reasons for dismissal may include, but shall not be limited to, reasons of misconduct, negligence, inefficiency, insubordination, disloyalty, unauthorized absence, or any violation listed above in (A)(1) through (10) where alternate personnel actions are not appropriate. The employee may appeal the decision of dismissal as outlined under § 39.12.
(Ord.6638, passed 3-6-79; Am. Ord. 8570, passed 2-5-08)