(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMITTEE. The committee of the City Council which supervises the affairs of the particular city department within which the employee is employed.
DISCHARGE. The termination of an employee’s employment for cause.
DISCHARGING/DISCIPLINING OFFICER. The officer who discharges or disciplines an employee, such as the Mayor or department superintendent.
EMPLOYEES. All employees of the city, department heads, and the Chief of Police.
EVALUATION. Beginning in April, 1994, each employee shall be evaluated annually by each department head, and each department head shall be evaluated by his or her Council committee and the Mayor. The committees shall promulgate standards and forms for such purposes, approved by the Council.
REQUEST. Any application of an employee for a review of a discharge/discipline to the committee or Council. All REQUESTS shall be in writing and state the reasons for relief.
(B) Appointment of employees. The Mayor shall appoint, by and with the advice and consent of the City Council, all employees of the city. Whenever a vacancy shall occur, he or she shall, within 90 days after the occurrence of such vacancy, communicate to the City Council the name of his or her appointee to such employment. Department heads and the Chief of Police shall be appointed annually.
(C) Permanent employee position. Subsequent to appointment, all employees shall serve as city employees until:
(1) Their resignation or retirement as such employees;
(2) The elimination of their position or any reduction in work force by the City Council;
(3) Their discharge from employment, pursuant to division (D) below, or any discipline or temporary suspension;
(4) Failure to pass any evaluation; and
(5) As to department heads and the Chief of Police, until their failure to be reappointed at the beginning of each fiscal year.
(D) Discharge of employee from office. The Mayor shall have the right to discharge and remove any department head, superintendent, or employee for cause. The Chief of Police and superintendent of any department may discharge or remove any employee in their department for cause.
(E) Employee rights. Whenever any employee or department head is discharged from employment, they shall have the following rights.
(1) Within three days from the discharge, the person exercising the power of discharge shall deliver to the City Clerk and the removed employee a written statement of the reasons for discharge.
(2) Within three days from receiving written notice of discharge, the employee may request a hearing before the committee by delivering a request for relief to the City Clerk. The committee Chairperson shall schedule the hearing and notify the committee and the employee of the date, time, and place. At the hearing, the employee will have the right to be represented by counsel and present sworn evidence and testimony in his or her defense.
(3) The committee and the discharging officer may present any sworn evidence and testimony to sustain the discharge.
(4) Upon conclusion of the testimony, the committee shall make a decision whether or not to approve the discharge or to take other action.
(5) The hearing of the committee may be conducted in executive session. If so, the committee shall hear the testimony in executive session with only the discharging officer, the Committee members, and the employee and his or her counsel together with a City Attorney present. The hearing shall be conducted by the committee Chairperson who shall, with the advice of the City Attorney or, if necessary, a legal advisor appointed by the City Council, rule on procedural and evidentiary matters. Upon the conclusion of the testimony, the Committee shall deliberate in executive session with only the City Attorney present. The committee shall not vote on the matter in executive session, but may do so only in open session of the committee after the conclusion of the testimony and deliberations.
(6) In the event the action dismissing the employee is not approved by the committee, the employee shall be returned to full employment status without loss in pay or such other status as the committee may order.
(7) If the committee approves the discharge, the employee shall have three days to request the City Council to review the action of the committee.
(8) Upon review, the City Council shall review the transcripts of the hearing and examine any witnesses the Council or Mayor determines are necessary for clarification only and deliberate in executive session.
(9) The City Council may approve the committee’s action or grant the employee’s request or take other appropriate action. In the event the employee is reinstated by the Council, the employee shall be returned to full employment status without loss in pay.
(10) Upon dismissal and until final resolution, the employee’s pay shall be suspended.
(F) Other dismissal. There shall be no other discharge of covered employees except as provided herein or as is otherwise provided by state statute. No employee falling within the coverage of this section shall be dismissed except according to the terms hereof or as otherwise provided by statute.
(G) Persons covered. This section does not apply to any elected official of the city. This section does apply to the Public Works Director, the Building Inspector, the Animal Warden, the employees of the Water and Sewer Department, and the employees of the Street Department as well as the Water and Sewer Bookkeeper, the Water and Sewer Collector, the Chief of Police, and employees of the Police Department.
(H) Discharge for cause. Pursuant to the terms of this section, whenever discharge of any covered employee is initiated, the meaning of DISCHARGE FOR CAUSE includes:
(1) Conviction of a violation of any state or federal statute or regulation;
(2) Conviction of a violation of any ordinance of the city or the county;
(3) Failure to follow any lawful instruction, directive, or command of any superintendent or supervisor, the Mayor, or the Chairperson of the committee;
(4) Consuming alcohol or using illegal drugs or being under the influence of same during working hours;
(5) Intentionally or negligently damaging city property or equipment or property of others while on duty;
(6) Engaging in conduct unbecoming to the city or the employee or bringing embarrassment, humiliation, or disrepute to the city;
(7) Physical or mental disability or impairment causing inability to perform job functions; and
(8) Other improper or outrageous conduct while on duty.
(I) Application. From and after the passage and approval of this section, all covered employees, except department heads and the Chief of Police, shall henceforth not be subject to annual reappointment. Employees in service at the effective date of this section shall remain so until their employment otherwise terminates as provided herein.
(Prior Code, Chapter 4, Article 10A) (Ord. 9 (Series 1993-1994), passed 4-4-1994) Penalty, see § 31.99