(A) Disciplinary action. The city recognizes the following disciplinary actions:
(1) Oral reprimand;
(2) Written reprimand;
(3) Suspension with notice in writing;
(4) Demotion with notice in writing;
(5) Dismissal.
(B) Grounds for action.
(1) Grounds for disciplinary action shall include, but not be limited to, the following employee offenses:
(a) Group 1 offenses: infractions of a relatively minor nature and cause only a minimal disruption to the organization in terms of a decrease in productivity, efficiency, and/or morale.
(b) Group 2 offenses: infractions of a more serious nature than Group 1 offenses which cause a more serious and longer lasting disruption to the organization in terms of decreased organizational productivity, efficiency, and/or morale.
(c) Group 3 offenses: infractions of a very serious or possibly criminal nature, which cause a critical disruption to the organization in terms of decreased productivity, efficiency and/or morale. If left undisciplined, Group 3 offenses are likely to cause long-lasting and critically adverse consequences for the organization.
(2) The City Manager is hereby authorized to promulgate rules and regulations which further define and clarify the specifics of behavior constituting Group 1, Group 2, and Group 3 offenses.
(C) Manner of disciplinary action.
(1) Oral reprimand. An oral reprimand shall be given in a manner that will not unduly embarrass the employee before other employees or the public;
(2) Written reprimand. A written reprimand shall be prepared and signed by the department or division head or the employee’s immediate supervisor. The written reprimand shall be made in triplicate: the original shall go to the employee; one copy shall be sent to the City Manager; and the department or division head or supervisor shall retain one copy.
(3) Suspension. Pursuant to the pre- disciplinary hearing procedures outlined below in division (D), where the City Manager feels that there is just cause for suspension, he or she may suspend the employee for up to 30 days without pay.
(4) Demotion. Pursuant to the pre- disciplinary hearing procedures outlined below in division (D), where the City Manager feels that there is just cause for demotion, he or she may order the employee demoted. An employee may also be demoted due to lack of work.
(5) Dismissal. Pursuant to the pre-disciplinary hearing procedures outlined below in division (D), where the City Manager feels that there is just cause for dismissal, he or she may order the employee dismissed.
(D) Pre-disciplinary hearing.
(1) Whenever the City Manager or a supervisor feels that there may be just cause for discipline, including a suspension, demotion, or dismissal, the affected employee shall be granted a pre-disciplinary hearing before the City Manager or the City Manager's designee. The employee shall be notified 24 hours in advance of the nature of the charges which may be the basis for disciplinary action and the date, time and place of the hearing.
(2) The employee may present any oral or written statement, or documents which explain whether or not the alleged violation occurred. Representatives or witnesses may also present oral or written statements on behalf of the employee. The employee shall provide the hearing officer with a list of witnesses to present evidence at the pre-disciplinary hearing as far in advance of the hearing as reasonably possible. Failure to notify the hearing officer of the appearance of a witness may be grounds for continuance of the pre-disciplinary hearing. The employee is responsible for securing the attendance of a witness on his or her behalf. The employee may also waive, in writing, the opportunity to appear and be heard at the pre-disciplinary hearing.
(3) The City Manager, or his or her designee, may inquire of the employee to respond to allegations which are the basis of the potential disciplinary action. Failure to truthfully respond to such inquiry may be the basis for further disciplinary action.
(4) A written report will be prepared by the City Manager, or his or her designee, concluding whether or not the alleged violation occurred and what disciplinary action, if any, is appropriate. The employee shall receive a copy of this report and a notice of disciplinary action as determined by the City Manager.
(5) Whenever a supervisor has reason to believe that an employee has committed a violation of a municipal ordinance or a state or federal statute, he or she shall report the matter to the City Manager who may, in his or her discretion, suspend the affected employee pending a pre-disciplinary hearing before the City Manager.
(E) Appeal procedures.
(1) Any employee who has a grievance shall first make such grievance known to the appropriate department or division head. Grievances shall be heard in a manner prescribed by the City Manager.
(2) If the grievance cannot be resolved by the department or division head, the employee may request a conference by making a written request to the City Manager. The City Manager shall advise the employee and the department head of the time and place of the conference.
(3) The City Manager shall consider the grievance and within ten working days, render a written decision on the grievance to the aggrieved employee, if the employee so requests.
(4) (a) Any employee in the classified service who has been suspended, demoted or discharged for cause may also file an appeal with the Civil Service Commission of the city. Any such appeal must be filed in writing by delivering copies thereof to the Chairperson of the Civil Service Commission and to the City Manager within five working days of the date of notice to the employee of suspension, demotion or discharge.
(b) Upon receipt of an appeal as provided for above, the Chairperson of the Civil Service Commission shall set a time, place and date for a hearing and shall notify both the appellant and the City Manager thereof, such hearing shall be held not later than 15 working days after receipt of the employee’s appeal.
(c) Both the employee and the City Manager shall be allowed to present testimony either personally or through witnesses. In addition, the Civil Service Commission shall, within ten working days after such hearing, present to the city its recommendation in writing. The City Manager, after considering the recommendation of the Civil Service Commission, shall make a final determination in each case which has been appealed not later than ten working days after receipt of the Civil Service Commission's written recommendations.
(d) If no appeal is filed within the time specified, the original order of the City Manager shall be considered final.
(e) Appeals to the Civil Service Commission from employees of the Lebanon City School District who are covered by Civil Service shall be subject to the provisions of (D)(4) of this section except that wherever the words “City Manager” are used, it shall mean “Superintendent of the Lebanon City School District.”
(5) No employee shall be penalized in any manner for instituting an appeal under these procedures.
(6) A probationary employee shall not be entitled to an appeal before the Civil Service Commission as otherwise provided for regular employees under this section.
(7) Provisions of this section shall apply equally to part-time employees
(Ord. 6140, passed 11-24-87; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 9052, passed 12-14-04; Am. Ord. 2012-058, passed 6-26-12; Am. Ord. 2021-112, passed 12-14-21)