(A) In general. City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities. It is the policy of the city to administer disciplinary penalties without discrimination. Every disciplinary action shall be for just cause and the employee may demand a hearing or use the grievance procedure of § 208.13 of this part with respect to any disciplinary action which he or she believes is either unjust or disproportionate to the offense committed.
(B) Disciplinary action steps. Except for severe infractions, disciplinary action against any employee shall be progressive and follow the steps listed below in numerical order:
(1) Oral/written reprimand;
(2) A written reprimand shall state that the employee is being warned for misconduct; describe the misconduct; describe past actions taken by the City Administrator, Supervisor or City Council to correct the problem; urge prompt correction or improvement by the employee; include timetables and goals for improvement when appropriate; and outline future penalties should the problem continue. The employee shall be given a copy of the reprimand and acknowledge receipt of the same by employee’s signature. The signature of the employee does not mean that he or she agrees with the reprimand;
(3) Prior to the suspension or as soon thereafter as possible, the employee shall be notified in writing of the reason or reasons for the suspension. An employee may be suspended pending an investigation of the alleged violation of division (D) below. A copy of all written statements taken during said investigation shall be places in the employee’s personnel file. If, after investigation, the acts of the employee alleged to be in violation of division (D) below, or any part thereof, proves to be false, then, the employee shall be immediately reinstated, any written statement shall be removed from the employee’s file, and the employee shall receive any compensation to which he or she would have been entitled had the suspension not taken place. If, after investigation, it appears more likely than not, that the employee did commit the act or acts in violation of division (D) below or any part thereof, the, the Council shall, at its discretion:
(a) Reinstate the employee. Employee shall forfeit all right to back pay during the time of suspension. Then, upon the employee’s return to work, he or she shall be given a written statement outlining further disciplinary actions should the misconduct continue; and/or
(b) Dismiss the employee pursuant to division (B)(4) below.
(4) The Council may dismiss any employee after the employee is given a notice in writing at least five working days before the effective date of the dismissal. The notice shall contain the reasons for the dismissal; the employee’s rights under these rules and the veterans’ preference law if he is a veteran; and a statement indicating that the employee may respond to the charges both orally and in writing and that he or she may appear personally before the official having authority to make or recommend the final decision.
(C) Grounds for immediate dismissal.
(1) The following shall constitute grounds for immediate dismissal of an employee without notice:
(a) Repeated tardiness after warning;
(b) Three or more unauthorized absences after warning or abuse of leave privileges;
(c) Inducing or attempting to induce an official or employee of the city to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order;
(d) Theft or malicious destruction of public property;
(e) Proven dishonesty in the performance of an employee’s duties;
(f) No employee shall expect or accept compensation from any source outside of the city for any services rendered as a part of his or her official duties unless compelled by civil process or an order of the court to render such services; and
(g) No employee shall accept any compensation or gift for the purpose of influencing the action of such employee in any official matter.
(2) Grounds enumerated in division (C)(1) above are not exclusive. The City Council may immediately dismiss an employee with or without cause, and without notice whenever it is deemed to be in the best interests of the city.
(D) Other disciplinary actions. The following other disciplinary actions may be taken against any employee after steps above have been followed:
(1) Incompetence, inefficiency or negligence in the performance of duty;
(2) Insubordination, including, but not limited to, refusal to obey an order that a superior is entitled to give and expect to have obeyed;
(3) Public statements which are slanderous, libelous or which tend to discredit a city official of the city service;
(4) Under the influence of intoxicating beverages while on duty; drinking intoxicating beverages while on duty; or reporting to work while under the influence of intoxicating beverages; (The use of intoxicating beverages may be authorized by the City Administrator or City Council under some work related circumstances.)
(5) Under the influence of those drugs prohibited by municipal, state or federal law while on duty without authorization by a licensed physician and without written permission from the City Administrator; or reporting to work while under the influence of prohibited drugs without authorization of a licensed physician and without written permission from the City Administrator;
(6) Excessive use of offensive conduct or language toward the public or city officials or employee;
(7) Conviction of a criminal offense or misdemeanor involving moral turpitude;
(8) Physical or mental defect which in the judgment of the City Administrator incapacitates the employee for the proper performance in the duties of his or her position;
(9) Carelessness or negligence in the handling or control of city property;
(10) No city employee shall engage in acts of harassment, intimidation or “practical jokes” which might reasonably be expected to cause mental or physical injury or discomfort to another person or endanger public or private property;
(11) Violation of the provisions of law or of the city personnel ordinance; and
(12) Violation of these personnel rules and regulations or written departmental regulations.