§ 36.158 EMPLOYEE CONDUCT.
   (A)   Employee job performance and personal conduct directly impact the city’s ability to achieve its mission of public service.
   (B)   Therefore, the following work rules and principles of job performance are adopted as guidelines for monitoring behavior and exercising disciplinary actions. City employees are expected to follow procedures and guidelines set forth by the city and the employee’s office/department policies and procedures.
   (C)   Behavior of Employees. In regulating the behavior of its employees, the city has classified offenses as first, second, and third level offenses based upon their seriousness. These classifications are provided only to illustrate the procedures that will generally be followed in respect to such conduct.
   (D)   This classification system should not be construed to in any way limit the city’s discretion in exercising discipline as it finds appropriate based on the severity of the misconduct or the totality of the circumstances.
   (E)   The following conduct is prohibited and will subject the individual involved to disciplinary action up to and including termination. This list of examples is merely illustrative of the kinds of conduct that will not be permitted. It is not intended to be all inclusive or to in any way limit rules, guidelines, and restrictions set out elsewhere in this manual.
   GROUP I OFFENSES
   (Examples of, but not limited to the following:)
1.   Failure to report for duty within a reasonable time after call.
2.   Reporting to work clothed or groomed in an unclean or inappropriate manner.
3.   Discourteous treatment of the public.
4.   Neglect or carelessness in signing in or out.
5.   Failure to cooperate with other employees as required by job duties.
6.   Distracting the attention of others, unnecessarily shouting, demonstrating or otherwise causing a disruption on the job.
7.   Malicious mischief, horseplay, wrestling, or other undesirable conduct, including use of profane or abusive language.
8.   Unauthorized use of telephone or mail for personal use.
9.   Failure to report accidents, injury or equipment damage.
10.   Unsatisfactory work or failure to maintain required standard of performance.
11.   Unauthorized breaks.
   GROUP I DISCIPLINE
   First Offense:   Verbal reprimand
   Second Offense:   Written reprimand
   Third Offense:   Three working days’ suspension without pay
   Fourth Offense:   Ten working days’ suspension without pay
   Fifth Offense:   Discharge
   GROUP II OFFENSES
(Examples of, but not limited to the following:)
1.   Leaving the job or work area during the regular working hours without authorization.
2.   Threatening, intimidating, coercing, or interfering with subordinates or other employees.
3.   Obligating the city for any expense, service, or performance without authorization.
4.   Unauthorized sleeping during working hours.
5.   Reporting for work or working while unfit for duty.
6.   Unauthorized use of city property or equipment.
7.   Performing private work on city time.
8.   Failure to report for overtime work without good reason after being scheduled to work according to overtime policy.
9.   Willful failure to make required reports.
10.   The making or publishing of false, vicious or malicious statements concerning employees, supervisors, the city or its operations. Making threatening remarks to supervisors or others.
11.   Refusing to provide testimony in court during an accident investigation, or during any type of public hearing.
12.   Giving false testimony during a complaint or grievance investigation or hearing.
13.   Unauthorized posting, removal, or alteration of notices or signs from bulletin boards.
14.   Distributing or posting written or printed matter of any description on city premises unless authorized.
15.   Unauthorized presence on city property.
16.   Willful disregard of department rules.
17.   Use of abusive or threatening language toward supervisors or other employees.
18.   Excessive absenteeism.
19.   Failure to give medical certifications and/or physician’s excuse in a timely manner.
20.   Failure to notify authorized personnel not later than one-half hour before regular work starting time when unable to report to duty.
   GROUP II DISCIPLINE
   First Offense:      Three working days’ suspension without pay
   Second Offense:   Ten working days’ suspension without pay
   Third Offense:      Discharge
GROUP III OFFENSES
(Examples of, but not limited to the following.)
1.   Being in possession of, or drinking alcoholic beverages on the job.
2.   Neglect in the performance of assigned duties or in the care, use or custody of any city property or equipment. Abuse, or deliberate destruction in any manner of city property, tools, equipment, or the property of employees.
3.   Punching, signing or altering other employees time cards, time sheets or unauthorized altering of own time card or sheet.
4.   Falsifying testimony when accidents are being investigated, falsifying or assisting in falsifying or destroying any city records, including work performance reports; or giving false information or withholding pertinent information called for in making application for employment.
5.   Making false claims or misrepresentations in an attempt to obtain any city benefit.
6.   Gambling as per Indiana law.
7.   Stealing or similar conduct, including destroying, damaging or concealing any property of the city or of other employees.
8.   The use of controlled substances or the sale of controlled substances.
9.   Fighting or attempting to injure other employees, supervisors, or persons.
10.   Carrying or possession of firearms on City property at any time without proper authorization.
11.   Knowingly concealing a communicable disease, which may endanger other employees.
12.   Misuse or removal of city records or information without prior authorization.
13.   Instigating, leading, or participating in any illegal walkout, strike, sit down, stand-in, refusal to return to work at the scheduled time for the scheduled shift, or other concerted curtailment, restriction or interference with work in or about the city’s work stations.
14.   Dishonesty or any dishonest action. Some examples of what is meant by “DISHONESTY” or “DISHONEST ACTION”" are: Theft, pilfering, opening desks assigned to other employees without authorization, theft and pilfering through lunch boxes, tool kits, or other property of the city or other employees without authorization; inserting slugs in vending machines without paying the proper charge therein; making false statements to secure an excused absence or to justify an absence or tardiness; making or causing to be made, inaccurate or false reports concerning any absence from work. The foregoing are examples only and do not limit the terms “DISHONESTY” or “DISHONEST ACTION.”
15.   Insubordination by refusing to perform assigned work or to comply with written or verbal instruction of the supervisors.
16.   An absence of more than one workday without notification of absence.
17.   Violating the city’s sexual harassment policy.
18.   Disclosure of confidential information.
19.   Failure to disclose at time of employment the past conviction of a misdemeanor and/or felony, if reasonably related to the employee’s duties or the public trust.
20.   Failure to submit to a blood test, urinalysis, or breathalyzer examination, pursuant to the drug-free workplace policy.
21.   Failure to maintain required certifications required of the position.
22.   Failure to follow safety regulations when safety of an employee or others is affected.
23.   Refusal to take or failure to pass any examination required for the job.
   GROUP III DISCIPLINE
   First Offense:   Any appropriate discipline, up to and including discharge.