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§ 36.147 ATTENDANCE AND PUNCTUALITY.
   (A)   To maintain a safe and productive work environment, the city expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on the city. Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, including termination of employment.
   (B)   In the rare instance when an employee cannot avoid being late to work or is unable to work as scheduled, he or she should notify the department head at least one-half hour before the time the employee would normally begin the shift or work day.
   (C)   Supervisors are to keep accurate records on city payroll forms of all employee absences, including designation of whether supervisor notification was provided by the employee.
   (D)   Excessive lateness and absence shall be considered to be three occurrences of unexcused absences in a six-month period; or three occurrences of lateness in a three-month period; or any combination thereof.
   (E)   An unexcused absence is defined as an absence for which the employee does not have any available earned benefit time to charge the absence against, or where applicable, the employee does not have the approval of the supervisor.
   (F)   Employees with an absence of more than one work day without notification of absence are subject to disciplinary action, up to and including termination.
(Ord. 2018-16, passed 1-7-19)
§ 36.148 PERSONAL APPEARANCE.
   (A)   Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image we present to our citizens and visitors.
   (B)   During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Employees who appear for work inappropriately dressed will be sent home and directed to return to work in proper attire.
   (C)   Under such circumstances, employees will not be compensated for the time away from work. Consult your department head if you have questions as to what constitutes appropriate attire.
(Ord. 2018-16, passed 1-7-19)
§ 36.149 COMMISSION OF A FELONY OR UNLAWFUL ACT.
   (A)   Any employee found guilty of a felony will be subject to immediate dismissal. An employee charged with a felony or found participating in felonious activity either during work hours or while off-duty will be subject to an unpaid leave of absence from work until a court of law establishes innocence or guilt.
   (B)   Any employee found guilty of a misdemeanor may be subject to suspension or discharge including not being legally qualified to operate assigned vehicles or equipment.
   (C)   Misdemeanors that involve city vehicles/property, or in which the associate behavior reflects poorly upon the employee and/or the city will be treated similarly.
   (D)   The city is committed to providing its citizens with qualified staff who possess good character and standards. This policy provides basic safeguards in maintaining a safe working environment for employees and citizens and in fulfilling this commitment.
   (E)   Whenever an employee is cited for an infraction while on duty or arrested for any misdemeanor or felony while on duty, the employee shall report this matter, in writing, to their department head within 24 hours of the arrest or citation. Failure to report in accordance with this policy shall be considered a violation of the personnel policies subject to disciplinary actions up to and including termination.
   (F)   Citations for moving traffic violations or arrests for misdemeanors or felonies which occur during an employee’s off-duty hours must be reported to the department head in writing within five calendar days of receiving the citation or the arrest.
   (G)   Unauthorized time away from work shall be subject to the city’s attendance and wage policies. Time spent under arrest or in jail is not considered a valid excuse for missing work.
   (H)   An employee who is cited for an infraction or arrested for any misdemeanor or felony, whether the citation or arrest happened while the employee was on duty or not, may be suspended without pay pending an administrative investigation and/or the disposition of any charges filed against the employee.
   (I)   The investigation will be used to determine if the accused employee is in violation of the personnel policies and to determine if disciplinary action is warranted, up to and including termination.
   (J)   The determination as to whether an employee shall be suspended will be based upon the nature and circumstances of the alleged offense and the impact the charges may have on the employee’s ability to adequately perform their job duties and/or remain in compliance with the city’s personnel policies.
   (K)   It is the responsibility of any employee with pending criminal charges to provide their department head written documentation such as a court record of the disposition of the charges within five calendar days after receiving notification. Failure to do so will be considered a violation of this policy and may subject the employee to discipline, up to and including termination.
   (L)   If the employee is on a leave of absence pending administrative investigation and/or the disposition of any charges, and the employee is not found to have been in violation of the personnel policies, he or she shall be returned from suspension.
   (M)   Factors to be used in determining appropriate discipline, which may range from no disciplinary action up to termination of employment, will include the employee’s assigned duties and responsibilities, the nature of the offense, sentences imposed, other convictions/infractions, relevant provisions of Indiana statutes, licensing requirements, risk of recidivism, reasonable inferences about problems with self control, propensity for violence, honesty, and damage to the reputation of the employee, the employee's department, and/or city government.
   (N)   Any employee found guilty, admitting guilt, or pleading no contest or nolo contendere of/to a felony will be subject to immediate dismissal.
(Ord. 2018-16, passed 1-7-19)
§ 36.150 GIFTS OR GRATUITIES.
   (A)   Employees are encouraged to maintain good relations with suppliers and others with whom the city may have business dealings. However, the practice of accepting gifts or gratuities maybe contrary to the public interest.
   (B)   Employees shall not accept gifts or gratuities from firms, organizations, agents, or other individuals soliciting business with the city in furnishing materials, goods, and services. A gift of nominal value shall not constitute a gift under this policy.
(Ord. 2018-16, passed 1-7-19)
§ 36.151 GHOST EMPLOYMENT.
   (A)   The city is committed to providing efficient and lawful services to its citizens and to maintaining public trust. Therefore, “ghost employment” is a violation of city policy and of IC 35-44-2-4. Ghost employment is a Class D felony.
   (B)   A public servant who knowingly or intentionally hires an employee for a governmental entity and fails to assign the employee any duties, or assigns duties not related to the operation of the governmental entity, is committing ghost employment.
   (C)   Additionally, a public servant employed by a governmental entity knowing that he or she has not been assigned any duties to perform for the entity and accepts property (compensation) from the entity, or a public servant who knowingly or intentionally accepts property (compensation) from the entity for the performance of duties not related to the operation of the entity, commits ghost employment.
Examples of violations of this policy include, but are not limited to, performing work on public property that is not job related, authorizing or receiving payment for time not worked, and authorizing or receiving payment for leave time not authorized by city paid leave policies. Violations of this policy shall result in disciplinary action up to and including termination, in addition to potential prosecution under IC 35-44-2-4.
(Ord. 2018-16, passed 1-7-19)
Editor's note:
   IC 35-44-2-4 was repealed by P.L. 126-2012, Sec. 53
§ 36.152 BUSINESS ETHICS/CONFLICT OF INTEREST.
   (A)   The city recognizes and respects the right of individual employees to engage in private activities outside of the organization that do not in any way conflict with, or reflect poorly on the city.
   (B)   The city also recognizes its right and obligation to determine when an employee’s activities present a conflict of interest with the city. At such times the city must take whatever action is necessary to resolve the situation, including but not limited to, terminating employment. This policy applies to all employees, as well as to former employees, where applicable.
   (C)   Employees having financial interest in a company or substantial investments in a corporation that might benefit from their dealings with the city must file a conflict of interest statement with the County Clerk of Decatur County and City Clerk-Treasurer. If deemed by said official to be in the best interest of the city, those employees shall either divest themselves of such interest or investments or be ineligible for continued employment with the city.
(Ord. 2018-16, passed 1-7-19)
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