§ 36.073 PROGRESSIVE DISCIPLINE.
   (A)   Rules of conduct.
      (1)   All employees are expected to perform their duties in a competent, efficient, and professional manner. Further, employees are required to act courteously and cooperatively with their fellow employees, supervisors, and the public. When employee conduct falls below these standards, disciplinary action may be warranted.
      (2)   In order to promote the common good and welfare of the city and its employees, the city has established rules of conduct. The commission of any of the acts listed below will result in disciplinary action, ranging from verbal or written warnings to suspension or to immediate discharge, depending on the act and the circumstances.
      (3)   Notwithstanding any provision contained herein, for the purpose of imposing discipline in accordance with the provisions set below, a disciplinary action that has occurred more than ten years prior to the event precipitating the current disciplinary action, shall not be considered in determining the nature and extent of the current disciplinary action to be taken, unless the prior disciplinary event is of a similar type and/or nature as the one being considered. This list is not exhaustive.
   (B)   Group I rules. If a violation of a Group I rule occurs, the department head/assistant will use the following procedures:
      (1)   Step 1. Corrective interview, confirmed in writing.
      (2)   Step 2. Continued violation of any Group I rule within a 12-month period may subject the employee to up to three days suspension without pay.
      (3)   Step 3. Continued violations of any Group I rule, following a disciplinary suspension may be subject to discharge. (Pending review by an executive officer and Board hearing.)
      (4)   Examples of disciplinary violations. The following list, which is not intended to be an exhaustive list, provides examples of disciplinary violations:
         (a)   Excessive tardiness or absence;
         (b)   Leaving city premises during working hours without permission;
         (c)   Failing to report absence within one-half hour of starting time;
         (d)   Unprofessional behavior while performing job duties;
         (e)   Neglect of duty and/or failure to perform assigned duties;
         (f)   Failure to follow established work procedure and policies;
         (g)   Horseplay or use of machinery, equipment, or tools in a hazardous manner;
         (h)   Creating or contributing to any unsanitary condition;
         (i)   Unauthorized use of bulletin boards;
         (j)   Posting notices in unauthorized places;
         (k)   Restricting one’s own production or interfering with the production of other employees;
         (l)   Conducting personal business on city time;
         (m)   Failing to make an immediate report of an occupational injury;
         (n)   Failure to report a traffic ticket while driving a city vehicle;
         (o)   Loafing, loitering, or sleeping on the job; and
         (p)   Smoking in restricted areas.
   (C)   Group II rules. Any violation of a Group II rule will result in the employee being relieved from duty with pay, and may be subject to discharge pending a Board hearing. Examples of Group II disciplinary actions include, but are not limited to, the following:
      (1)   Absence without notification for three or more consecutive workdays;
      (2)   Failing to return from leave of absence as scheduled; improper use of accident leaves or extended disability leave benefits;
      (3)   Insubordination;
      (4)   Possessing firearms, weapons, explosives, and so forth on the premises or in city vehicles (with the exceptions of authorized personnel);
      (5)   Disclosure of confidential city information to outsiders without proper authorization;
      (6)   Completing another employee’s time record or allowing another to complete one’s time record;
      (7)   Mistreatment of members of the public, fellow employees, or supervisory personnel or blatant disrespect of fellow employees, supervisor, or citizens;
      (8)   Using abusive or threatening language;
      (9)   Sexual harassment;
      (10)   Unwanted physical contact;
      (11)   Using, selling, or being under the influence of illegal substances or controlled substances not prescribed by a physician;
      (12)   Disorderly, offensive, or illegal conduct;
      (13)   Falsifying any city records or employment application;
      (14)   Stealing or committing any criminal offense on city property or while on duty;
      (15)   Damage to or improper use of city property, either willfully or through gross negligence;
      (16)   Intentional making of scrap or waste;
      (17)   Unauthorized use or possession of city property;
      (18)   In certain departments, felony conviction may lead to termination;
      (19)   Fighting or committing an assault;
      (20)   Violating safety regulations; and
      (21)   Failure to report an accident while on city time.
   (D)   At the discretion of the executive officer, Board, Police Board, and Fire Board, the employee’s disciplinary history may be considered when addressing disciplinary matters.
(Ord. 2013-7, passed 8-28-2013)