161.12   DISCIPLINE.
   (a)   Policies and Procedures.  The City's policies, procedures and guidelines for all employees are set forth in the Employee Handbook and are expected to be followed. The City may discipline an employee if necessary, be it progressive or general discipline, up to and including discharge as determined by the City in its discretion. The City maintains the discretion to classify offenses and violations of its policies, procedures and guidelines and to determine the level of discipline on a case-by-case basis. 
   (b)   Work Rule Examples.  In addition to violations of Laws and Ordinances, personnel rules and regulations, and departmental rules and regulations, examples of activities that may result in discipline include, but are not limited to, the following:
      (1)   Failure to follow the lawful orders of a supervisor or department head;
      (2)   Absence from work without permission;
      (3)   Continued absence or tardiness;
      (4)   Failure to perform assigned work in an acceptable manner;
      (5)   Waste of material, property or working time, including, but not limited to, abuse of City equipment or unauthorized use of City equipment;
      (6)   Inability to get along with fellow employees so that work is hindered or does not meet required standards;
      (7)   Drinking, possession, or using a drug of abuse (including, without limitation cannabis and its derivatives) on the job or appearing for work under the influence of alcohol or a drug of abuse;  (Ord. C15-18.  Passed 3-20-18.)
      (8)   Rudeness or disrespect in dealing with the public;
      (9)   Any conduct which adversely reflects on the professional reputation of the employee or the City, or which evidences a lack of fitness or ability of the employee to perform the duties of an employee of the City; or
      (10)   Any criminal offense.
   (c)   Progressive Discipline.  When in the best interest of the City, as determined by the City Administrator, the principles of progressive disciplinary action will be followed with respect to minor offenses.
   When in the best interest of the City, as determined by the City Administrator, disciplinary action shall first be reviewed by the employee's immediate supervisor. The failure of the immediate supervisor to take action shall not preclude any higher supervisory authority from initiating disciplinary action. At the City's sole discretion, such action may consist of, and in any order or step:
      (1)   Reprimand which shall become part of the employee's personnel file;
      (2)   Suspension from duty without pay;
      (3)   Dismissal.
   Any disciplinary action which affects the pay or status of an employee shall be reviewed and approved by the City Administrator prior to becoming effective.  Nothing in this Section shall be deemed to preclude an employee from being relieved of duty, with pay, if in the judgment of any higher supervisory authority such action is necessary.  In all cases of discipline, the procedure set forth in these chapters shall control, unless otherwise provided for by a collective bargaining agreement entered into by the City.
   Any classified employee whose actions make the employee subject to dismissal, demotion or change in pay status shall be provided with oral or written notice of the charges against the employee, an explanation of the City's reasons for the proposed termination, and an opportunity to present the employee's version of the facts relating to the charges.
   (d)   Supervisors.  The duty of maintaining discipline among employees shall rest initially with the immediate supervisor and finally with the City Administrator.
   (e)   Record of Actions. Whenever a disciplinary action is taken which results in a disciplinary action of record, the employee shall be given a copy of such record. The action may also be used in any performance assessment.
(Ord. C47-01. Passed 8-6-01; Ord. C10-09. Passed 2-17-09.)