(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)