(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Erlanger.
CITY COUNCIL. The Erlanger City Council
COLLABORATIVE PROGRESSIVE DISCIPLINE. Progressive discipline that has involved not only the employee and the direct supervisor thereof; but also the head of the department and the City Administrative Officer. COLLABORATIVE PROGRESSIVE DISCIPLINE shall apply solely to job performance and not an egregious act or omission as defined herein.
DUE PROCESS EVIDENTIARY HEARING. A hearing that conforms to the due process provisions of the federal and state constitutions, including, but not limited to, the right to a hearing, the right to counsel, the right to examine and cross-examine all witnesses and/or evidence presented against the employee and the right to written findings of fact.
EGREGIOUS ACT OR OMISSION. Any act or omission resulting in the death or serious physical injury of another person, or damage to the property of another person causing a pecuniary loss of $500 or more; violation of a city policy or procedure; being convicted of a felony or misdemeanor involving fraud/dishonesty; being convicted of an misdemeanor and/or other traffic offense, for which an employee’s driver’s license is suspended and a valid driver’s license is a job requirement.
EMPLOYEE. A full-time non-probationary employee of the city, including, without limitation, nonelected officers of the city; but excluding members of the Police or Fire Departments of the city.
FELONY. Has the same meaning provided for that word in KRS 500.080(5).
INADEQUATE JOB PERFORMANCE. A failure to adequately and efficiently engage in and perform the specifications, duties, functions and tasks of a position of employment.
MAYOR. The duly elected and qualified Mayor of the city and any subordinate officer or employee to whom the authority of the Mayor has been delegated by executive order pursuant to KRS 83A.139(7).
MISDEMEANOR. Has the same meaning provided for that word in KRS 500.080(10).
PROGRESSIVE DISCIPLINE.
(a) A process for dealing with inadequate or other job performance issues by an employee that does not meet the standards of the city that have been communicated to the employee. The primary purpose of PROGRESSIVE DISCIPLINE is to assist the employee to understand that a performance problem exists. The process features increasingly formal efforts to provide feedback to the employee so the employee can correct the problem. The goal of PROGRESSIVE DISCIPLINE is to improve employee performance. The process of PROGRESSIVE DISCIPLINE is not intended as a punishment to an employee; but as assistance to the employee to overcome performance problems and satisfy job expectations. PROGRESSIVE DISCIPLINE is most successful when it assists an employee to become an effectively performing member of the organization. Failing that, PROGRESSIVE DISCIPLINE enables the city to fairly and with substantial documentation terminate the employment of employees who are ineffective and unwilling or unable to improve.
(b) Without limitation, the progress of PROGRESSIVE DISCIPLINE may begin with verbal counseling about:
1. The requirements of the job;
2. Performance expected by the employer;
3. The employee’s understanding of the requirements of the job and the performance expected by the employer: and
4. The failure of the performance of the employee to meet the employer’s expectations; and then proceed from verbal counseling to a verbal reprimand that the job performance of the employee has continued to be inadequate; and then proceed from a verbal reprimand to a written verbal warning to the employee that the job performance of the employee has continued to be inadequate and that the continued failure of the performance of the employee to meet the employer’s expectations may result in suspensions from work, without pay and ultimately termination of employment; and then proceed from a verbal written warning to suspension without pay; and, finally, from suspensions without pay to termination of employment.
SUSPENSION WITH OR WITHOUT PAY. An employee may be subject to suspension, with or without pay, in the event of suspension without pay, due process shall be afforded.
(B) Employee discipline and punishment. An employee of the city may only be disciplined, terminated from employment or otherwise punished by the Mayor; for inadequate job performance or an egregious act or omission; and only pursuant to the procedures described herein.
(1) An employee of the city shall not be terminated from employment or otherwise disciplined or punished by the Mayor for inadequate job performance unless the personnel file of that employee includes documentation of collaborative progressive discipline in regard to that inadequate job performance.
(2) An employee of the city may be terminated or otherwise disciplined or punished by the Mayor for an egregious act or omission, without any documentation in the personnel file of an employee for any collaborative progressive discipline or without any other limitation.
(3) In the event of reasonable cause to believe that an employee of the city has engaged in any act or omission constituting inadequate job performance or an egregious act or omission, that employee may be subject to either suspension without pay and/or termination by the Mayor; but only after a due process evidentiary hearing in regard to the existence of such reasonable cause; and, when the Mayor is considering the suspension without pay and/or removal of an employee, that consideration shall be reported to the employee. The notice of charge shall include direction to the employee that they may request a due process hearing by providing written notice to the City Clerk within ten days. In the event that the employee does not seek to appeal within ten days, including weekends, the employee shall be deemed to have waived any due process rights and the suspension without pay and/or termination shall be final.
(a) If the employee timely requests a due process appeal, the Hearing Officer shall provide written notice of the time, place and date of the due process evidentiary hearing to the employee, with a copy to the Mayor and City Administrative Officer. The due process evidentiary hearing in regard to proposed suspension without pay and/or termination shall be conducted by a designee of the City Attorney, called the “Hearing Officer,” who shall be a member of the Local Government Section of the Northern Kentucky Bar Association, or any other attorney at law with experience in municipal law, any retired judge or any other attorney at law who has experience in conducting due process employment hearings. The hearing shall be conducted to insure due process is provided to the employee. The Hearing Officer shall be compensated on an hourly basis in the amount of $150 per hour.
(b) Within 30 days after the conclusion of the due process evidentiary hearing, the Hearing Officer shall prepare a written report and recommendation, with factual determinations to which the decision of the Mayor shall be limited. The Hearing Officer shall provide the employee and the Mayor and each member of the City Council through the City Clerk with the written report and recommendations, including all factual determinations in support of the recommendations and conclusions resulting from the due process hearing.
(c) The employee may not be terminated from employment by the Mayor without written conclusions by the Hearing Officer that the job performance of the employee was inadequate, or the employee engaged in an egregious act or omission.
(1996 Code, § 30.03) (Ord. 2419, passed 8-4-2015)