Persons in the unclassified service of the City other than members of Council, the Mayor and Vice Mayor, members of boards and commissions, the City Manager, Law Director, Assistant Law Director, Prosecutors or persons possessing professional, technical or scientific skills, knowledge or experience employed by Council by contract may be suspended, demoted or removed from office or employment for incompetency, dishonesty, drunkenness, discourteousness to the public, gross neglect of duty, insubordination, or conduct contrary to the best interests of the City or any other reasonable or just cause by:
(1) Summary action taken by the Manager subject to a hearing and review by Council if such hearing and review is requested in writing by the officer or employee within ten days of the Manager’s decision. After conducting the hearing and review at which the employee shall have the opportunity to be heard and present evidence on his/her behalf, the Council may affirm, modify or reverse the decision of the Manager and in taking such action, may impose lesser penalties than imposed by the Manager. Prior to any reduction, suspension or removal for any of the above stated reasons or in any case where allegations are made that may seriously damage the employee’s reputation and which would be likely to place a stigma upon said employee in seeking future employment, including allegations of fraud, theft, dishonesty in financial affairs, untruthfulness, mental illness, racism, felonious conduct, moral unfitness or any similar accusation, the Manager shall provide oral or written notice of the charges or allegations, including an explanation of the evidence against the employee and provide an opportunity for the employee to present his/her side of the story.
(2) Resolution of Council after investigation of charges presented to Council by any citizen, officer or employee. If Council determines after an investigation that such charges are meritorious, it shall give the employee or officer notice of the charge and the date for a hearing at which hearing the employee or officer shall have the opportunity to answer the charges and present evidence upon his/her behalf. After such hearing, Council shall make its determination, by resolution, as to the charges presented and impose such disciplinary measures as they may deem warranted.
(Amended November 5, 1996)