§ 37.046 DISCIPLINARY ACTION.
   (A)   The following constitutes the disciplinary policy of the town. This policy is intended to be corrective action, attempting to correct deviations from the standard procedures and policies.
      (1)   This disciplinary policy is a progressive policy. Upon the first occurrence of a particular behavior or offense, the first column with a mark is the appropriate initial disciplinary action to take in that case. Offenses in the same category are cumulative. In the case of multiple offenses occurring in different groups, the disciplinary action for the more serious offense should be followed.
      (2)   All disciplinary actions must be written and prepared in triplicate with copies going to the immediate supervisor, the employee's personnel file, and the employee.
      (3)   Any employee disciplinary action that is two years old or older will be expunged from the employee's record and personnel file.
      (4)   In the case of a promotion or demotion, records of prior disciplinary actions which are less than two years old shall be retained in the employee's personnel file.
      (5)   An employee receiving five written reprimands, regardless of the category in which they fall, will be subject to immediate termination or demotion at the discretion of the ultimate supervisor (Clerk-Treasurer or Town Manager).
      (6)   An employee receiving three suspensions, regardless of the category in which they fall, will be subject to immediate termination or demotion at the discretion of the ultimate supervisor (Clerk- Treasurer or Town Manager).
      (7)   The guidelines in division (C) of this chapter are not inclusive of every infraction, behavior, or offense which may occur or be encountered. For those infractions, behaviors or offenses not listed in the guidelines, the employee's supervisor must exercise his or her best judgment in determining the appropriate disciplinary action.
   (B)   This section will not apply to members of the Police Department, who will be covered by the provisions of the Police Manual with respect to disciplinary policies and procedures.
   (C)   Guidelines for actions subject to discipline.
Behavior or Offense
Written Reprimand
Suspension
Demotion or Termination
1 Day
3 Days
5 Days
Behavior or Offense
Written Reprimand
Suspension
Demotion or Termination
1 Day
3 Days
5 Days
(1) Failure to notify authorized personnel before regular show-up time, when unable to report for duty.
X
X
X
X
(2) Tardiness.
X
X
X
X
(3) Late report for work without prior explanation.
X
X
X
X
(4) Excessive absenteeism.
X
X
X
(5) Conduct unbecoming a town employee
X
X
X
X
(6) Failure to perform preventative maintenance on equipment or vehicles.
X
X
X
X
(7) Littering or otherwise contributing to unsanitary conditions on town property.
X
X
X
X
(8) Participating in games, horseplay, or practical jokes during scheduled working hours, except when job related (that is, Park Department).
X
X
X
X
(9) Use of profane, insolent, or abusive language toward a supervisor, a fellow employee or the public.
X
X
X
X
(10) Loafing.
X
X
X
X
(11) Removing posted signs or posting signs without authorization.
X
X
X
(12) Failure to perform duties or fulfill job requirements in a satisfactory manner.
X
X
X
(13) Failure to report mechanically defective conditions of equipment.
X
X
X
X
(14) Leaving work area without authorization.
X
X
X
(15) Failure to perform duties as assigned.
X
X
X
X
(16) Disobeying a reasonable order of a supervisor.
X
X
X
(17) Fighting on town property or time.
X
X
(18) Failure to report immediately any accident or injury involving any town employee, equipment or property.
X
X
(19) Failure to follow safety regulations when safety of the employee or others is involved.
X
X
X
(20) Failure to secure town facility or equipment when responsible.
X
X
X
(21) Directing a subordinate or fellow employee to perform in a manner contradicting town procedures.
X
X
(22) Failure to produce a doctor's excuse when required to do so.
X
X
X
(23) Making false state- ments or supplying false information concerning any town employee.
X
X
(24) Abandoning or leaving unattended any town-owned vehicle, equipment or tools, anywhere away from shops, garages and authorized storage sites, except as directed by supervisory personnel. This does not apply to lawful parking of passenger cars in the course of discharge of duty or other authorized use of town vehicles.
X
X
X
(25) Unauthorized use or removal of town equip- ment, tools, facilities, supplies and/or furnishings.
X
X
X
(26) Abuse of town equipment or property.
X
X
X
(27) Off-duty employees at work site without authorization or without justification.
X
X
X
X
(28) Sleeping during working hours.
X
X
(29) Threats of violence to others.
X
X
X
(30) Unauthorized absences.
X
X
X
(31) Misuse or removal from town property (without authorization) of the town's records, documents, papers or copies thereof.
X
(32) Gambling on town property or time (excludes raffle tickets).
X
(33) Absent without calling for 3 consecutive work days.
X
(34) Theft or dishonesty of any kind.
X
(35) Unauthorized bearing of any deadly weapon on town premises.
X
(36) Falsification of any official records.
X
(37) Filing of false or incomplete employment application, with intent to conceal material information.
X
(38) Ringing another employee's time card.
-
X
(39) Making false or unfounded claims for injury, compensation, illness, leave or disability.
X
(40) Personal conduct at work dangerous to others or self.
X
X
(41) Selling or participating in the distribution of illegal goods or services.
X
(42) Unlawful or negligent handling of public monies.
X
(43) Having a personal interest in a business which supplies goods or services to the town, without written disclosure of such interest to the Town Council.
X
(44) Reporting for work under the influence of alcohol or controlled substances except if prescribed by a physician.*
(45) Being under the influence and/or using alcohol or controlled substances, except if prescribed by a physician, while on duty or on town property.*
(46) Possession of opened containers of alcohol or possession of controlled substances, except if prescribed by a physician, while on duty or on town property.*
(47) Opened containers of alcohol or controlled substances, except if prescribed by a physician, in or on town property under the employee's control.*
(48) Failure to submit oneself to a blood test, urinalysis or breathalyzer exam, when requested to do so by the ultimate supervisor, where a reasonable articulable suspicion exists to believe the employee's work performance is impaired as a result of the influence of alcohol or controlled substances.*
(49) Initiating, authorizing, sanctioning, encouraging, supporting or engaging in any organized strike, slow down, concerted job action, work stoppage or ceasing the performance of duties, where prohibited by law.*
(50) Conviction of a Class A misdemeanor and/or felony.
* Appropriate action may be taken, up to and including discharge.