(A) Application of discipline policy. The following discipline policy shall not apply employees subject to a collective bargaining agreement when the collective bargaining agreement contains provisions contrary to this discipline policy. Employees not subject to a collective bargaining agreement are employees-at-will and can be discharged at any time at the sole discretion of the city. Notwithstanding any employment-at-will, the city adopts the following discipline policy as general guide for employees.
(B) Discipline philosophy. As a general rule, disciplinary measures shall be administered in an objective and constructive manner intended to motivate the employee toward proper conduct in the future.
(C) Classes of discipline. There are four basic classifications of disciplinary actions:
(1) Oral reprimand. Employee is counseled by the supervisor following a minor offense in an effort to eliminate possible misunderstandings and to explain what constitutes proper conduct.
(2) Written reprimand. Employee receives written notice of discipline following intentional or repeated minor offenses. The purpose of a written reprimand is to make certain that the employee is fully aware of the misconduct he or she has committed and what is expected, thereby enabling the employee to avoid a recurrence of the incident.
(3) Suspension. Employee receives disciplinary time off without pay following serious misconduct or further repeated minor offenses. A suspension should be considered as a final written warning that further misconduct will most likely result in discharge.
(4) Discharge. Employee is discharged as the result of a serious offense or the final step in the accumulation of minor offenses of the same nature.
(D) Supervisor discipline. A supervisor is responsible for the discipline of employees. A disciplinary conference should take place at a private location and at the request of the employee and the employee may be accompanied by a union representative or other person of their choice. The supervisor shall assure that the disciplinary conference is conducted in a professional and non-confrontational manner and shall terminate the conference to a later date or provide a written statement in the event that the disciplinary conference becomes confrontational. The supervisor shall place in an employee’s personnel file as maintained by the City Clerk a record of all discipline except as to an oral reprimand. An employee shall have rights as to their personnel file as are granted under the Personnel Record Review Act.
(E) Oral and written reprimands and suspensions. Any supervisor may reprimand any employee under his or her supervision for minor infractions of conduct that do not comply with the above required conduct of employees. Unless employee misconduct is very minor or occasional, such reprimand shall be in writing, and a copy of the reprimand shall be in the employee’s personnel file as maintained by the City Clerk.
(F) Serious violations. The following are examples of violations of employee conduct which may result in suspension or termination. The following list is for illustration purposes and not conclusive of conduct that may result in suspension or termination:
(1) Insubordination or failure to follow reasonable and proper directions.
(2) Failure to perform assigned work in a competent and efficient manner.
(3) Wasteful of material, property, or working time.
(4) Repeated or excessive discourteous behavior towards a supervisor or member of public.
(5) Workplace harassment or instigating disruptive behavior.
(6) Misuse of sick leave and/or other benefits.
(7) Habitual or excessive tardiness and/or absenteeism.
(8) Physical or mental unfitness for the performance of duties.
(9) Excessive conduct of personal business during working hours.
(10) Possession or use of intoxicating liquors or drugs during work time.
(11) Attendance at work while under the influence of liquor or drugs.
(12) Conviction of a felony or loss of required driving privileges.
(13) Repeated convictions of misdemeanors and/or traffic charges.
(14) Failure to properly report accidents, injuries or workplace abuse.
(15) False or recklessly inaccurate records, reports, or statements to supervisors or officials.
(16) Release of confidential information.
(17) Improper use, reckless use, unauthorized personal use or theft of city equipment.
(18) Engaging in outside business activities on city time.
(19) Improper political activity.
(20) Requesting or accepting bribes, gifts or favors in the course of or connected with it.
(21) Engaging in outside employment which conflicts with City employment.
(G) Suspensions. Any supervisor may suspend an employee without pay for not to exceed three days for any serious violation of employee conduct or for repeated violations of minor violations. No suspension shall be instituted without a written statement to the employee stating the reasons for the suspension with sufficient detail for the employee to understand the specific conduct for which the employee is being suspended. An employee shall not be suspended for more than three days without an opportunity for a hearing. An employee with a suspension not to exceed three days may within 14 days of receipt of a written notice of suspension appeal the suspension, but the appeal shall not delay the start of the period of suspension. If it is decided that the suspension was unjustified, the employee shall be paid their usual rate of pay (not including any usual and customary overtime pay).
(1) The hearing adjudicator for a suspension hearing shall be held be the Commissioner of his or her department unless the Commissioner requests that the hearing adjudicator be the City Council. An employee may request that the City Council be the bearing adjudicator upon significant allegations that the Commissioner has a conflict of interest preventing a fair hearing. Suspension hearings shall initially be set within three days of the notice of suspension. The hearing may be continued to a later date but if the city is the party requesting additional time for a hearing the employee shall be allowed to returned to work or directed not to return to work but paid their usual rate of pay (not including any usual and customary overtime pay). The hearing adjudicator may allow (discovery witnesses and the like).
(2) The term of a suspension shall not be for more than 30 days except in the case of an indefinite suspension pending action of an employee in which circumstance the hearing adjudicator may be extended the period of a suspension to a stated time not to exceed 90 days. Any suspension shall be considered a final notice that a further violation will likely result in termination.
(H) Terminations. Any supervisor may seek termination of an employee for any serious violation of employee conduct or for repeated violations of minor violations acts. No termination shall be instituted without a written statement to the employee stating the reasons for requesting termination with sufficient detail for the employee to understand the specific conduct for which the employee may be terminated. Unless an employee resigns or waives a termination hearing, a termination hearing shall be conducted by a hearing adjudicator. The hearing adjudicator and procedures shall be the same as for a suspension hearing. Termination hearings shall initially be set within seven days of the notice of termination. The hearing may be continued to a later date but if the city is the party requesting additional time for a hearing the employee shall be returned to work or directed not to return to work but paid their usual rate of pay (not including any usual and customary overtime pay). A terminated employee may not be rehired without the approval of the City Council. Unless otherwise identified in a termination agreement or unless an employee elects to pay for continued insurance, all insurance paid by the city will terminate the date the employee is discharged.
(Ord. 1451, passed 9-7-11)