161.08 DISCIPLINARY ACTION.

   (a)    General Policy. 

      (1)    Whenever work habits, attitude, production, infraction of regulations or personal conduct of any employee fall below a desirable standard, supervisors should point out the deficiencies at the time they are observed. Written warning, with sufficient time for improvement, should precede formal discipline whenever possible, but nothing herein contained shall prevent immediate action whenever the interests of the service require it.

      (2)    Supervisors at all levels, upon direction of the Mayor or Council shall conduct an inquiry into any incident, act, infraction of rules, etc., whenever it is necessary to maintain good discipline and shall also record all pertinent information.

      (3)    To insure that supervisors do not use these devices capriciously and for reasons other than for the good of the service, employees who are suspended, demoted, laid off, or dismissed shall be given written notice of the reason for the action and a copy thereof shall be forwarded to the Mayor for approval or disapproval and shall be made a part of the employee's personal history record. They shall also have the right to appeal to Council if they feel subject to unfair practices.

      (4)    Those employees in the classified service shall have all rights of hearing before the Civil Service Commission as are fixed by law and regulations of the Civil Service Commission.

   (b)    Penalties. 

      (1)    Suspension. Suspensions constitute a disciplinary action intermediate between a reprimand and an outright dismissal. Suspensions are of two types: disciplinary and non-disciplinary.

         A.    Disciplinary suspension. In the interest of good discipline a department head may for just and reasonable cause suspend an employee without pay for a period of not to exceed thirty working days for any one offense. An employee under suspension will not be permitted to exchange suspension time for vacation time or be entitled to sick leave during the period of suspension. Approval of the Mayor shall be required in all cases involving suspensions of employees for disciplinary causes.

         B.    Non-disciplinary suspension. During investigation, hearing or trial of an employee for any civil or criminal charge, when suspension would be in the best interest of the City, an employee may be suspended for the duration of the proceedings. The suspension shall terminate after completion of the case for which he was suspended by resignation or dismissal of the employee, by reinstatement with full recovery of any benefits lost during the period of suspension, or by other appropriate action based on the outcome of the charges. Approval of the Mayor shall be required in all cases involving suspensions of employees for non- disciplinary causes.

         C.    Those employees in the classified service shall, in the event of suspension, have all rights fixed by law.

      (2)    Demotions. Demotions consist of two kinds: disciplinary and voluntary. Demotions are a method of disciplining an employee for an offense that does not warrant outright dismissal. They are also used in order than an employee whose work has been satisfactory but who does not deserve outright dismissal maybe retained and given an opportunity to perform less difficult work. Demotions may also be on a voluntary basis when requested by an employee.

         A.    Disciplinary demotion. A department head may, with approval of the Mayor, demote an employee for disciplinary purposes when the actions of the employee do not justify dismissal, or where the work of an employee has not been satisfactory, he may demote the employee to less difficult work with an opportunity to make good. Salaries and wages of employees demoted will be reduced to those of the lower classification. No demotion shall be made as a disciplinary action unless the employee to be demoted is eligible and qualified for reemployment in a lower classification, and shall not be made if any regular employee in the lower classification would be laid off by reason of such action. Under such circumstances the demotion shall be automatically changed to a temporary lay-off until such time as a vacancy becomes available in a classification to which the employee was to have been demoted.

         B.    Voluntary demotion. An employee may request or accept voluntary demotion when assignment to less difficult or responsible work would be to his advantage and to the best interest of the service. Such demotion shall not be granted if it causes the lay-off or demotion of a regular, full-time employee. Voluntary demotion may also occur in the event of the elimination of a job in a higher classification, when the employee chooses to accept a job offered to him in the City with a lower classification.

      (3)    Terminations.

         A.    Dismissal. Dismissals are separations for dishonesty, drunkenness, recklessness on the job, inefficiency, habitual tardiness, misconduct, attitudes which constitute an unwholesome influence on other employees, unwillingness to perform adequate quality or quantity of work, failure to obey any reasonable order, the use of abusive language toward his superior, conviction of criminal acts, fraudulently obtaining sick or injury leave, or any other action or conduct that materially affects or impairs the efficiency of the City's service or brings the City into public disrepute.

   A department head may, with approval of the Mayor, dismiss any employee in his department at any time for any of the above causes. However, no dismissal shall be made for political, religious or personal reasons. A department head requesting approval of the Mayor for dismissal of an employee shall at the time of making such request make a detailed report in writing containing all the pertinent facts in connection with the cause for the requested dismissal. The Mayor, before approving the request, will make or cause to be made such investigation as he deems necessary to verify the facts.
(Ord. 14-1977. Passed 5-12-77.)

         B.    Lay-Offs. A Department Head with permission of the Mayor may lay-off an employee when it becomes necessary to reduce the number of employees because of a lack of work, shortage of funds or materials, and/or the completion of a project. Lay-offs shall not be considered to be a disciplinary action.

            1.   Order of lay-off. In determining the order of a lay-off, the following factors shall be taken into consideration: efficiency of the employee as demonstrated on the job; needs of service; nature of work to be curtailed; length of service. Unless it is determined that two or more employees in the department in which a layoff is to be made possess substantial differences in their respective qualifications to perform the work to be done, the order of lay-off shall be in the reverse order of the date when the employees first entered service with the City of Macedonia.

            2.   Job transfers. In addition to such factors, in determining lay-off order, the advisability of demoting employees in higher to lower classification for which they are qualified and laying off those in the lower classification may also be considered and paid according to classification in the salary ordinance.

            3.   Probationary employees first. No regular, full-time employee shall be laid-off from any position while a probationary employee is still employed in the same department.

            4.   Notice of lay-off. A Department Head shall give written notice to the employee or employees of any proposed lay- off with reasonable time given before the effective date of layoff whenever feasible.

            5.   Re-employment/recall. Regular, full-time employees laid- off shall be placed on a re-employment list for a period of one year, and shall be returned to work in the reverse order of their lay-off, provided that the employee is qualified and has the necessary skill for the position to be filled. An employee who has been laid-off shall keep the Department Head notified of his/her address. Failure to do so will cause the employee’s name to be removed from the recall list.

         C.   Resignation. An employee resigning his position shall, whenever possible, give two weeks advance notice to the City to allow for proper provisions for the filling of his/her position. All resignations must be in writing and shall include that date the employee plans to leave together with the reasons. An employee whose date of separation falls between regular established pay dates will be paid on the first regular pay day of his department following the date of his separation. Under extreme circumstances, or if the employee is leaving the City permanently, immediately following separation, he/she may appeal to the Department Head for an earlier payment of his wages.
(Ord. 109-2004. Passed 12-9-04.)