(a) Employee Relations Philosophy. The City Manager and his/her subordinate managers and supervisors at all levels (hereinafter referred to as "management") are responsible for the establishment and maintenance of an effective, efficient, and productive working relationship with City employees. As a matter of policy, management shall expect a high level of production; shall ensure that employees are aware of, and meet, their obligations; and shall respect the rights and dignity of individuals. Managers shall maintain a work environment which is conducive to a motivated and cooperative workforce. The mutually free exchange of information and ideas between management and employees is essential to the development and maintenance of a cooperative and productive workforce. Management is responsible for furnishing, through appropriate supervisory channels and appropriate communication media, all information needed by employees to do their work and to understand their rights and obligations. Management shall solicit and consider the opinions, ideas, and attitudes of employees in formulating and changing employment practices which affect their interest.
Management shall carefully evaluate and give prompt consideration to employee proposals, suggestions, and complaints. The informal daily on-the-job contact between supervisors and employees is the basic level of communication and shall be used to the maximum by management to develop the free exchange of information, ideas, and opinions. More formal methods such as bulletin boards, employee newsletters, employee handbooks, group meetings, etc., shall be developed by the City Manager based on the need of such methods to further the objective of open communication.
The City of Moundsville believes that the work conditions, wages, and benefits it offers to its employees are competitive with those offered by other employers in this area and in the industry. If employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to management. (Ord. 3/6/12)
(b) Standards of Conduct. Standards of conduct are designed to protect the well-being and rights of all employees; to ensure a safe, efficient government; to ensure compliance with the law; and to better ensure accomplishment of the City's personnel management program objectives. While it is impractical to list every aspect of behavior which is or is not appropriate, City employees are expected to be guided by standards typical of those that guide people anywhere in a business relationship. The following general rules of conduct shall apply:
(1) No employee shall engage in any outside employment or other activity (paid or otherwise) which interferes in any way with the full performance of his/her official duties and responsibilities with the city.
(2) No employee shall use or allow the use of City property of any kind (including motor vehicles) for other than official City business.
(3) No employee shall use or allow the use of official information gained through his/her employment for furthering his/her private interest.
(4) No employee shall participate in any gambling activity of any kind while on duty or while on City owned or leased property.
(5) No employee shall engage in criminal, infamous, dishonest, or other conduct prejudicial to the interests of the City of Moundsville (including but not limited to fighting, sleeping on job, etc.)
(6) No employee shall accept any gift, favor, service, or other thing of substantial value under circumstances from which it might be reasonably inferred that such gift, favor, service, or thing of value was given or offered for the purpose of influencing him/her in the discharge of his/her official duties. Refer to WV Ethics Commission Laws for explanation of acceptable gifts and guidelines.
(7) No employee or applicant shall make any false statements or perform any other fraudulent act in connection with any examination, certification, or appointment under the provisions of this article or any administrative instructions issued for its implementation.
(8) No employee or applicant shall give, render, pay, offer, solicit, or accept any money, service, or other valuable consideration for or on account of any appointment, promotion or proposed promotion or any advantage in employment with the City of Moundsville.
(9) All employees shall be present for duty and perform effectively during all of their regularly scheduled tours of duty, except when excused for reasons acceptable to their supervisor.
(10) All employees shall observe and comply with all safety rules (to include the use of required safety clothing, shoes, and equipment) prescribed by management for their job and/or work areas.
(11) All employees shall support their supervisors, and conduct themselves in a courteous and polite manner in all dealings with their fellow employees, their supervisors, and the general public.
(12) All employees shall observe and comply with any special rules established by their department head for their particular work situation.
(13) No employee shall report to work while under the influence of illegal controlled substances or alcohol. No employee may use, conceal or carry any illegal controlled substance or any type of alcohol while on duty for the City of Moundsville or while on City property.
(14) No employee shall engage in "horseplay" or practical jokes that may be considered harmful to other employees.
(15) No employee of the City shall demonstrate or engage in any act that may be considered, under normal standards, as an act of insubordination.
(16) No employee of the City shall engage in any act of sexual harassment toward any other employee or person.
(17) No employee shall engage in any type of sexual activity while on duty for the City of Moundsville or while on City property.
(18) No employee of the City may use, conceal, or carry upon their person any illegal or deadly weapon unless they are duly authorized by the City of Moundsville and by general law.
(19) Any employee that violates or breaches any "Standard of Conduct" of the City of Moundsville may be discharged immediately or otherwise disciplined appropriately by his/her immediate supervisor or by the City Manager without recourse. This list is provided merely as an example of types of behavior which violate appropriate standards of conduct. It is not exhaustive. Conduct not listed, but which the City finds violates appropriate business or governmental standards, may result in discipline or discharge without recourse.
(c) Political Activity. An employee shall not directly or indirectly use or seek to use his/her authority or the influence of his/her position to control or modify the political action of another person. An employee shall not engage in political activity during hours of duty.
(d) Public Statements. All employees may speak and/or write on issues of public importance. However, false statements knowingly or recklessly made, statements which impede the employee's proper performance of his/her assigned duties, and statements which interfere with the operation of the City generally, are prohibited.
(e) Maintaining Discipline. Discipline shall be constructive in nature, having the basic objective of correcting and rehabilitating rather than punishing and penalizing. Management at all levels shall maintain a positive environment through good leadership and direction, consistent practices, and recognition of the rights and dignity of employees. Managers and supervisors shall inform employees of established standards of conduct and of their obligation to observe them. Employees shall observe such standards and at all times conduct themselves in a manner as to reflect credit upon themselves and the City of Moundsville. Penalties for breach of standards shall be promptly and fairly administered without discrimination after full consideration of all available facts. With due regard to all surrounding circumstances, like penalties shall be imposed for like offenses. Authority to initiate disciplinary actions shall be delegated to first line supervisors subject to review and approval by the department head. Notices proposing the penalties of suspension or dismissal, as well as notices of final decision regarding such penalties, shall be coordinated with the City Manager prior to issuance, and shall be signed by the appropriate department head.
Incidents sometimes occur which are of such a dangerous or serious nature that immediate corrective action must be taken by management. Such cases generally involve real or potential hazards to life and/or property or significant disruption of the City's mission. In these cases an employee may be excused from duty for the purpose of removing that employee from the work area. The supervisor must then advise his/her department head or other immediate superior of the situation as soon as possible after the incident takes place. At the department head's discretion, the employee's absence may be charged to sick leave, LWOP, or administrative leave, whichever is appropriate. The employee must be advised within a reasonable time of any disciplinary action to be taken against him/her as a result of the incident.
(f) Authorized Disciplinary Actions.
(1) Verbal warning. A conference between the supervisor and the employee to discuss the offense committed and the corrective action expected. No formal procedure shall be required to effect this action, except that the supervisor shall make an entry of the verbal warning on the Supervisor's Record of Employee prescribed by the City Manager.
(2) Reprimand. A letter from the supervisor to the employee identifying significant misconduct. A copy of such letter of reprimand shall be made a part of the employee's official personnel folder maintained by the City Manager.
(3) Suspension. Places the employee in a non-pay non-duty status. Since management is penalized by losing the employee's service during the period of suspension, it should only be imposed when a lesser penalty clearly would not prove sufficient and when dismissal is obviously too stringent.
A. Suspension of Employees Subject to Normal Overtime Provisions. Suspension shall be expressed in working days, and the maximum suspension shall be thirty (30) work days.
B. Suspension of Employees Exempt From Overtime Under FLSA. Employees classified as exempt from overtime may be suspended only in full workweek increments, up to a maximum suspension of six work weeks. Such employees may not be suspended for part of a week or for part of a day for any reason. In addition, such employees must serve their suspensions on consecutive days, and the suspensions must commence at the beginning of the work week. (Examples: Such employees cannot serve one work week suspension every Tuesday for five consecutive weeks nor can they commence service of the suspension on a Thursday and end the following Wednesday.)
(g) Table of Disciplinary Infractions and Penalties.
(1) Establishing the penalty. When establishing a disciplinary penalty, the supervisor and/or department head should take into consideration a number of different factors. First, the character, seriousness, and consequences of the infraction must be considered. Next, such issues as mitigating circumstances and the possibility of genuine misunderstanding on the employee's part should be examined. The employee's past record and length of service play a role in assessing the penalty. Considerations which tend to show a need for more severe actions are previous offenses, their character and recency being prime considerations. Cumulative unrelated offenses may tend to indicate a need for serious corrective action by management. This list of factors is not exhaustive and other relevant factors may figure into the penalty determination as well.
(2) Requests for removal of disciplinary actions from personnel files. Department heads may, upon making written request to the City Manager and receiving approval by the City Manager, remove written records of disciplinary actions from the personnel files of employees under their supervision after three years from the date of discipline.