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Eden, NC Code of Ordinances
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§ 10-9.6 PRE-DISCIPLINARY CONFERENCE.
   (A)   Before any disciplinary action is taken, whether for failure in personal conduct or failure in performance of duties, the Director of Finance and Personnel shall provide the employee with a written notice of proposed disciplinary action, which will include the nature of the proposed action, its recommended effective date, and a time for a pre-disciplinary conference.
   (B)   At this conference, the employee may be represented by private legal counsel. The city and the employee may present relevant witnesses and evidence. The employee may present any response to the proposed disciplinary action to the City Manager. The City Manager will consider the employee’s response, if any, to the proposed disciplinary action, and will, within three working days following the pre-disciplinary conference, notify the employee in writing of their final decision in the disciplinary procedure. The notice of the final disciplinary action shall contain a statement of the reasons for the action and the employee’s appeal rights.
   (C)   The decision of the City Manager in all disciplinary proceedings shall be final.
(Ord. passed 5-17-94; Am. Ord. passed 6-20-96; Am. Ord. passed 11-17-98; Am. Ord. passed 8-29-09)
§ 10-9.7 NONDISCIPLINARY SUSPENSION.
   (A)   During the investigation, hearing, or trial of an employee on any criminal charge, or during an investigation related to alleged detrimental personal conduct, or during the course of any civil action involving an employee, the department head with the written approval of the City Manager may suspend the employee for the duration of the proceedings as a non-disciplinary action, when suspension would be in the best interest of the city. In such a case, a pre-disciplinary conference is not required until a disciplinary decision is made. In such cases, the City Manager may:
      (1)   Temporarily relieve the employee of all duties and responsibilities and place the employee on paid or unpaid leave for the duration of the suspension, or
      (2)   Assign the employee new duties and responsibilities and allow the employee to receive such compensation as is in keeping with the new duties.
   (B)   If the nondisciplinary suspension is terminated with full reinstatement of the employee, the City Manager may authorize full or partial recovery of pay and benefits for the period of the suspension. If the employee is reinstated following the suspension, such employee shall not lose any benefits except pay to which otherwise employee would have been entitled had the suspension not occurred.
   (C)   If the employee is to be terminated following suspension, the employee shall not be eligible for any pay from the date of suspension; provided, however, all other benefits with the exception of accrued annual leave and sick leave shall be maintained during the period of suspension.
(Ord. passed 5-17-94; Am. Ord. passed 11-17-98; Am Ord. passed 8-29-09)
§ 10-9.8 SUBSTANCE ABUSE POLICY.
   The city has established policies and procedures related to employee substance abuse in order to insure the safety and well-being of citizens and employees, and to comply with any state, federal, or other laws and regulations. A copy of the substance abuse policy is in file in the Human Resource Department.
(Ord. passed 5-17-94; Am. Ord. passed 8-29-09)
ARTICLE X: GRIEVANCE PROCEDURE
Section
   10-10.1   Policy
   10-10.2   Grievance defined; disciplinary action excepted
   10-10.3   Purposes of the grievance procedure
   10-10.4   Procedure
   10-10.5   Grievance and adverse action appeal procedure for discrimination
   10-10.6   Grievances and adverse action appeal procedure for discrimination when the claim or compliant is against the City Manager
§ 10-10.1 POLICY.
   It is the policy of the city to encourage employees to bring to the attention of management their complaints about work-related situations. Employees may present their complaints through the grievance procedure set forth in § 10-10.4. The city will attempt to fairly and promptly resolve complaints and grievances.
(Ord. passed 5-17-94; Am. Ord. passed 6-20-96; Am. Ord. passed 11-17-98)
§ 10-10.2 GRIEVANCE DEFINED; DISCIPLINARY ACTION EXCEPTED.
   (A)   A grievance is a claim or complaint arising out of an employee’s expressed feeling of dissatisfaction with the way or manner in which the employee has been treated by such employee’s superiors or other employees.
   (B)   Matters arising out of or related to disciplinary actions are not subject to the grievance procedure, but shall be heard before the City Manager as provided for by § 10-9.6 of the City Code.
(Ord. passed 5-17-94; Am. Ord. passed 6-20-96; Am. Ord. passed 11-17-98)
§ 10-10.3 PURPOSES OF THE GRIEVANCE PROCEDURE.
   The purposes of the grievance procedure include, but are not limited to:
   (A)   Providing employees with a procedure by which their complaints can be considered promptly, fairly, and without reprisal;
   (B)   Encouraging employees to express themselves about the conditions of work which affect them as employees;
   (C)   Promoting better understanding of policies, practices, and procedures which affect employees;
   (D)   Increasing employees’ confidence that personnel actions taken are in accordance with established, fair, and uniform policies and procedures; and
   (E)   Increasing the sense of responsibility exercised by supervisors in dealing with their employees.
(Ord. passed 5-17-94)
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