A classified employee shall be progressively disciplined for unsatisfactory work performance whenever practical. Each case of inadequate performance or act of misconduct shall be judged individually. The step of corrective action used depends on the severity of the infraction and the employee's previous work record. Under certain circumstances, as described below, suspension without pay or dismissal may be the appropriate initial disciplinary action.
A. Verbal Counseling. Verbal counseling is used for minor infractions such as informing the employee that his actions, behavior or conduct needs to change. Supervisors shall keep written notations of verbal reprimands. These shall be placed in the employee's personnel file. Verbal counseling is not grievable. Causes for verbal counseling include, but are not limited to:
1. Substandard work performance including failure to complete assignments or failure to complete them timely;
2. Inaccurate or unprofessional appearing work product;
3. Interrupting other employees and keeping them from completing their work;
4. Excessive use of the telephone for personal business;
5. Loud and disruptive conduct;
6. Conducting personal business while on duty; and
7. Tardiness or absences.
B. Written Reprimand.
1. An employee shall receive a written reprimand because the deficiency or infraction is of a greater degree than that for which a verbal reprimand may be used or if a verbal reprimand was not effective in correcting the employee's conduct. Causes for written reprimands include, but are not limited to:
a. The causes listed above for verbal reprimands;
b. Repeated absences or tardiness;
c. Failure to follow instructions;
d. Failure to follow city rules and procedures;
e. Solicitation of funds from citizens and other employees or the sale of products during work hours;
f. Using the city's postage meter, copy machine, computer, or other equipment for personal use or gain;
g. Writing personal letters on city letterhead and sending personal mail in city envelopes;
2. Written reprimands shall be placed in the employee's personnel file by the employee's supervisor after providing the employee with a copy of the statement. The employee shall be asked to acknowledge having read the comments by signing the statement. The employee's signature indicates the employee read the statement, but does not necessarily indicate concurrence with its content. If the employee refuses to sign, a witness must attest that the statement was presented to the employee. The employee may respond with a written rebuttal, which shall be placed in the employee's personnel file. The placement of a written reprimand in an employee's file is not subject to the formal grievance procedure.
C. Suspension. An employee may be suspended without pay for a single serious offense or for continued inadequate job performance or misconduct after previous attempt(s) to correct the conduct have failed or for misconduct. The employee's supervisor must discuss the decision to suspend an employee with the city manager. Such suspension shall not exceed fifteen working days. Suspension is not a necessary step in progressive discipline, and it may be eliminated if circumstances warrant. Suspension of a classified employee is subject to the formal grievance procedure. Causes for suspensions include, but are not limited to:
1. The causes listed for verbal counseling and written reprimands;
2. Continued instances of unsatisfactory performance.
D. Demotion. An employee may be demoted to a vacant position for which the employee is qualified when the employee would otherwise be terminated because the employee is unable to satisfactorily perform in the position presently held. Demoted employees shall receive a reduction in pay. A classified employee demoted due to an inability to render satisfactory performance in the position presently held is entitled to a grievance proceedings. Demotion is not a necessary step in progressive discipline.
E. Dismissal. Dismissal is the final consequence when progressive discipline has failed to change unacceptable behavior or performance or when the employee has engaged in behavior that is of a very serious nature and which is unacceptable for a city employee even though the employee has not been previously disciplined. The employee's supervisor must discuss the decision to dismiss an employee with the city manager and the city attorney. Causes for dismissal without progressive discipline include, but are not limited to:
1. Theft;
2. Conviction of a job-related felony and misdemeanor as described in the Criminal Offender Employment Act, NMSA 1978, § 28-2-1 et seq.;
3. Acts of negligence causing damage to persons or city property;
4. Falsification of information on the employee's job application or other city records;
5. Manufacturing, distributing, dispensing, possessing or using controlled substances or alcohol on the job or reporting to work under the influence of an unlawful controlled substance or alcohol;
6. Failure to meet the standards of the city's drug policy;
7. Intentional abuse or destruction of city equipment and/or property;
8. Refusal to carry out reasonable orders, or insubordination;
9. Discriminating against or harassment of employees or citizens based on race, color, religion, national origin, sex, marital status, sexual orientation, age, mental or physical disability or serious medical condition;
10. Bringing unapproved weapons on to city property;
11. Refusal or failure to comply with city policy or state and federal regulations;
12. Disruptive conduct interfering with the city's operation;
13. Unauthorized use of city property, facilities, equipment, including computers, materials, or other city assets for personal use;
14. Accepting gratuities;
15. Sleeping on the job, except as set forth in job description (firefighters); and/or
16. Any other conduct deemed not to be in the best interest of the city and its employees, such as fighting or causing harm to others.
The above examples are typical of the types of infractions sometimes encountered, but are not inclusive of all situations which may arise warranting dismissal without progressive discipline. The city reserves the right to exercise judgment and render disciplinary action or dismissal as determined appropriate based on the circumstances of each case. (Ord. 435 § 7.2, 2001)