(A) In general. City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules adopted by the Council. It is the policy of the city to administer disciplinary penalties without discrimination. Every disciplinary action shall be for just cause and the employee may demand a hearing or use the grievance procedure of § 33.15 of this chapter with respect to any disciplinary action which he or she believes is either unjust or disproportionate to the offense committed. The supervisor or department head shall investigate any allegation on which disciplinary action might be based before any disciplinary action is taken.
(B) Disciplinary action steps. Except for severe infractions, disciplinary action against any employee shall be progressive and follow the steps listed below in numerical order:
(1) Oral reprimand;
(2) Written reprimand. A written reprimand shall state the employee is being warned for misconduct; describe the misconduct; describe past actions taken by the supervisor to correct the problem; urge prompt correction or improvement by the employee; include timetables and goals for improvement when appropriate; and outline future penalties should the problem continue. The employee shall be given a copy of the reprimand and sign the original acknowledging that he or she has received the reprimand. The signature of the employee does not mean that he or she agrees with the reprimand. The reprimand shall be placed in the city’s file on the employee, but shall be removed from the file after one year from the date of issuance if there has been no subsequent reprimand and no other disciplinary action has been instituted;
(3) Suspension without pay. Prior to the suspension, or as soon thereafter as possible, the employee shall be notified in writing of the reason for the suspension and its length. Upon the employee’s return to work, he or she shall be given a written statement outlining further disciplinary actions should the misconduct continue. An employee may be suspended pending investigation of an allegation. A copy of each written statement shall be placed in the employee’s personal file, but if the suspension is for investigation and the allegation proves false, the statement shall be removed and the employee shall receive any compensation to which he or she would have been entitled had the suspension not taken place; and
(4) Dismissal. The Council may dismiss any employee after the employee is given a notice in writing at least five work days before the effective date of the dismissal. The notice shall contain the reasons for the dismissal; the employee’s rights under these rules and the Veterans’ Preference Law, being M.S. Ch. 197, as it may be amended from time to time, if he or she is a veteran; and a statement indicating that the employee may respond to the charges both orally and in writing and that he or she may appear personally before the Council.
(C) Other disciplinary actions. The following other disciplinary actions may be taken against any employee after the steps in divisions (B)(1) and (B)(2) above have been followed:
(1) Involuntary demotion. This step shall be taken only if the employee does not have the ability to function at the higher level;
(2) Forced transfer to a comparable position under a different supervisor. This step may be taken only if the problem is due to personal incompatibility between the supervisor and employee; and
(3) Withholding a salary increase or decreasing the employee’s salary. The employee shall be notified in writing of the action and the reasons therefore. A copy of the notice shall be placed in the employee’s file. In no case shall an employee’s salary be decreased below the minimum of the salary range of the class.
(D) Hearing. In any case of suspension, dismissal or demotion, the employee shall be granted a hearing before the Council if the employee submits a written request for such a hearing to the Council within five working days of notification of the action taken. The hearing shall be held within ten working days from the date the request is filed unless the city and the employee agree on an earlier or later date. If the disciplinary action involves the removal of a veteran, the hearing shall be held in accordance with M.S. § 197.46, as it may be amended from time to time.
(1978 Code, § 208.17)