(A) The city believes in the philosophy of progressive, corrective discipline. The methods of disciplinary action shall include only the following:
(1) Oral warning. An oral warning consists of a conference between the employee and the employee's supervisor or other city official issuing the warning. The purpose of the conference is to express disapproval of misconduct or poor work performance, to clarify applicable rules or standards of performance, policies, and procedures, and to warn that repetition of the misconduct or failure to improve work performance may result in more severe discipline. Records of oral warnings will be maintained in the employee's personnel file indefinitely.
(2) Written warning. A written warning consists of a conference between the employee and their supervisor or other city official who issued the discipline, accompanied by a letter or notice expressing disapproval of the misconduct or poor work performance, clarifying applicable rules, policies, and procedures, and warning that repetition of the misconduct or failure to improve work performance may result in more severe discipline. Written warnings may be used for repeated misconduct of a minor nature or for more serious misconduct that does not warrant suspension or discharge from employment.
(a) The employee will be given an opportunity to review the written disciplinary letter and respond to it.
(b) The employee will receive a copy of the disciplinary notice and copies of the notice shall be maintained in the employee's personnel file.
(c) Records of written warnings will be maintained in the employee's personnel file indefinitely.
(3) Suspension. A suspension is a temporary removal from employment, accompanied by a temporary loss of the privileges of employment, including, but not limited to, wages or salary. Suspensions may be used to discipline employees for serious misconduct and performance issues or for repeated misconduct or performance issues of a less severe nature. Suspensions may be imposed for not less than one but no more than ten days.
(a) Employees may be suspended without pay. The immediate supervisor or departmental director shall give written notification of the suspension to the employee, specifying the reason, duration, and effective date. The written notice may be given to the employee after the fact, as in the case of an immediate suspension by a supervisor. Copies of the written notice of suspension shall be maintained in the employee's personnel file indefinitely.
(b) Suspended employees shall not be allowed to use any paid leave, including vacation leave, sick leave, or personal leave during the suspension.
(c) In the event that any order of suspension is reversed or reduced, the employee shall be paid any lost wages, salary, or benefits and such a reversal or reduction shall be documented in the employee's personnel file.
(4) (a) Discharge. Discharge, or termination of employment, is the permanent removal from employment and the permanent loss of all privileges of employment with the city. Employees may be discharged for any improper or inappropriate conduct without ever having received an oral warning, written warning, or suspension.
(b) An employee may be discharged by the departmental director, with the approval of the City Manager and/or City Council when necessary. Written documentation of the discharge shall be maintained in the employee's personnel file indefinitely.
(B) Conduct or behavior identified below shall constitute a violation of the policies and other work rules in this chapter and may subject employees to disciplinary action, ranging from oral warning to discharge, as deemed appropriate. These work rules are examples and do not limit the city's right to discipline or terminate an employee for reasons not specifically identified as this list is not all-inclusive. The city may revise or modify work rules found in this chapter as it deems appropriate. Employees will be subject to disciplinary action for the following. Disciplinary action may be imposed on an employee only for a just, reasonable cause. Examples of such causes include, but are not limited to:
(1) Incompetent, inefficient, negligent, or unsatisfactory performance of assigned work.
(2) Being absent without proper notification to the city. Excessive, unreported, or unexcused absences from work. Abuse of sick leave privileges.
(3) Excessive tardiness or early departures from work.
(4) Insubordination or refusal of a direct work order or assignment or other breaches of conduct.
(5) Bribery.
(6) Failing to report to work at any time when so directed, including during emergencies.
(7) Leaving the assigned place of work during work hours without authorization. Sleeping, loitering, or loafing on duty.
(8) Improper dress while at work.
(9) Failure to report on-the-job injury.
(10) Misconduct away from the job, which adversely affects the city.
(11) Any act which endangers the safety, health, or well-being of an employee or citizen, or which is of sufficient magnitude that the consequences cause or act to cause disruption of work or city operations.
(12) Disruptive attitude or abusive language, which is detrimental to the services, programs, and operations of the city.
(13) Violating the equal employment opportunity policy, Americans with Disabilities Act, Age Discrimination in Employment Act, sexual harassment or other employment policies.
(14) Violating the city's alcohol and substance abuse policy, smoking policy, sexual harassment policy, or workplace violence policy.
(15) Violating any of the provisions of the ethics standards.
(16) Creating or contributing to an unsafe condition on city premises or failing to adhere to safe operating practices. Failure to report an accident involving city personnel or equipment.
(17) Sexual misconduct or immorality.
(18) Engaging in fighting, horseplay, or reckless conduct on city premises or while on city business.
(19) Using vile, intemperate, offensive, or abusive language or acting in a disrespectful manner towards any resident, citizen, municipal officer, fellow employee, or member of the general public.
(20) Physically abusing, intimidating, offending, or coercing through verbal threats any resident, citizen, municipal officer, fellow employee, or member of the general public.
(21) Unauthorized possession of a weapon of any kind on city premises or while on city business. This does not apply to sworn officers carrying weapons pursuant to Police Department policies.
(22) Falsifying or altering of time sheets, personnel records, employment applications, attendance, or any other city records or documents.
(23) Providing false information or information the employee should have known to be false to a departmental director, supervisor, City Manager, or any other city representative.
(24) Refusing to cooperate with the city during an investigation of a city or employment-related incident.
(25) Removing from city premises, being in the unauthorized possession of, or using for personal or any other inappropriate use, any city vehicle, equipment, supplies, tools, material, or other property or using such property of a resident, business, city official, or fellow employee without authorization.
(26) Destroying, damaging, defacing, abusing, wasting, or misusing city property, equipment, supplies, or materials or such property owned by a resident, business, city official, or fellow employee.
(27) Allowing the political affiliation of the employee or a resident or member of the general public to affect or influence whether a resident or member of the general public receives city services or in any way affect the type or quality of city services available or provided to the resident or member of the general public.
(28) Allowing or conducting political activities during work hours.
(29) Assaulting or threatening an elected official.
(30) Revealing confidential city information without proper authorization.
(31) Outside employment which adversely affects the city.
(32) Other violations of city policies or procedures.
(C) The city reserves the right to initiate progressive discipline at the level that is determined to be the most commensurate with the severity of the offense. Discipline shall be imposed as soon as possible after the city becomes aware of the event or action that has warranted a disciplinary decision and after the city has a reasonable period of time to investigate the matter. If the city has reason to discipline an employee, all efforts shall be made to issue the discipline in a manner that will not embarrass the employee in the presence of other employees or members of the public.
(Ord. 1061, passed 4-5-21)