A. Just Cause Discipline. Disciplinary actions for classified employees, full and part-time are based on just cause in order to promote the efficiency of the services rendered by the city and the operation of its respective departments and offices. Disciplinary actions shall be consistent with governing laws and regulations and shall be taken without regard to race, age, religion, color, national origin, sex, sexual orientation, physical or mental disability or serious medical condition, or any nonmerit factor. No employee shall be disciplined for refusing to perform an unlawful act.
B. Definition of Just Cause. Just cause is defined as any conduct, action or inaction arising from, or directly connected with the employee's work which is inconsistent with the employee's obligation to the city and reflects the employee's disregard of the city's interest. Just cause includes, but is not limited to: inefficiency; incompetence; theft; misconduct; negligence; insubordination; violation of city policy or procedure; unauthorized use of city funds, property, facilities, and materials; disruptive behavior; repeated tardiness and excessive absences; or unsatisfactory work performance which continues to be inadequate after reasonable efforts have been made to correct the performance problems; or for conviction of a felony or misdemeanor involving moral turpitude as described in the Criminal Offender Employment Act, NMSA 1978, § 28-2-1, et seq.
C. Disciplinary Action. Any department head may take disciplinary action against an employee pursuant to the department head's authority and consistent with departmental policies and this chapter. Copies of any documented disciplinary action shall be furnished to the city manager's office for placement in the employee's file with the signature of the recipient acknowledging receipt of the action.
D. Consultation with the City Manager and the City Attorney. Dismissal, involuntary demotion, and suspension require consultation with the city manager and/or the city attorney before implementation. Whenever such consultation is not practical because of urgent circumstances, the employee should be put on administrative leave with pay and the situation reviewed with the city manager as soon as practical. (Ord. 435 § 7.1, 2001)