(a) Corrective Action.
(1) Department Directors and supervisors, and the City Appointing Authorities shall follow this system of corrective discipline when correcting job behavior.
(2) This policy is a guide for uniform administration of discipline. It neither delegates nor limits the powers and duties conferred upon the City, its Departments or Appointing Authority by the Ohio Revised Code.
(3) This policy provides standard penalties for specific offenses. The examples of specific offenses given in each grouping are merely illustrative, not designed to be all-inclusive.
(4) The inclusion of standard penalties in this policy does not preclude the application of a more or less severe penalty for an infraction when circumstances warrant it. In any case where a non-standard penalty is imposed, the reason for deviation must be reduced to writing and sent by the supervisor to the Appointing Authority administering the discipline.
(5) Disciplinary records shall cease to have any force and effect and shall be removed from an employee's personnel file upon request 24 months after the date the discipline was imposed if there has been no other discipline imposed during the past 24 months.
(6) Where this policy conflicts with a relevant Collective Bargaining Unit the Collective Bargaining Agreement shall prevail.
(b) Types of Corrective Action.
(1) Oral Reprimand/Verbal Counseling. Supervisors or Department Heads shall address unsatisfactory behavior promptly by discussing the problem with the employee and counseling more suitable behavior. Such counseling shall be reduced to writing. The original shall be forwarded to the Finance Department and placed in the employee's personnel folder and a copy given to the employee.
(2) Written Reprimand/Written Warning. If verbal counseling does not resolve misbehavior or where more severe action is warranted, supervisors and Department Heads may issue written reprimands/warnings. The original shall be forwarded to the Finance Department and placed in the employee's personnel folder and a copy given to the employee.
(3) Suspension. If verbal counseling or written reprimands/warnings fail or where more severe action is warranted, department heads may recommend a working suspension or a suspension from work, without pay. Such recommendation will be reduced to writing and the original shall be forwarded to the Finance Department and placed in the employee's personnel folder and a copy given to the employee.
(4) Demotion. If reprimands and suspensions fail, department heads may recommend demotion. Demotion is an involuntary reduction of an employee in classification and job duties for just cause. A demotion may or may not, result in an immediate reduction in pay. Such recommendation will be reduced to writing and the original shall be forwarded to the Finance Department and placed in the employee's personnel folder and a copy given to the employee.
(5) Dismissal. If lesser disciplinary actions fail or the offense is such that the most severe action is warranted, employees may be discharged. Employees being considered for discharge may be suspended with pay. Such recommendation will be reduced to writing and the original shall be forwarded to the Finance Department and placed in the employee's personnel folder and a copy given to the employee.
Note: Certain offenses may warrant immediate dismissal.
(c) Grounds for Disciplinary Action and Penalties.
(1) The Group I, II and III Offenses which follow illustrate the kinds of offenses which historically warrant the penalties established for the group.
(2) In general, Group I Offenses are of a relatively minor nature. They cause only a minimal disruption to the organization in terms of a slight yet significant decrease in organizational productivity, efficiency and/or morale. If ignored, Group I Offenses usually cause only temporary or minor impact to the organization unless they are compounded over time.
(3) Group II Offenses are more serious than Group I Offenses. They cause a more serious and longer lasting disruption to the organization. If ignored, Group II Offenses can have a more serious and longer lasting impact against the organization than Group I Offenses.
(4) Group III Offenses are very serious or, possibly, criminal. They cause a critical disruption to the organization. If ignored, Group III Offenses cause long lasting and serious impact against the organization.
Group I Offenses - Offenses in this category will usually be disciplined in the following order; however, the City reserves the right to deviate as it deems necessary, depending on the circumstances.
First Offense Oral Reprimand/Verbal Counseling
Second Offense Written Reprimand/Warning
Third Offense Up to three (3) working suspension days or
Up to three (3) working days suspension without pay
Fourth Offense Up to ten (10) working suspension days or
Up to ten (10) working days suspension without pay or possible demotion
Fifth Offense Dismissal
(1) Failure to "report off" work or any absence.
(2) Failure to commence duties at the beginning of the work period, or leaving work prior to the end of the work period.
(3) Leaving the job or work area during working hours without authorization.
(4) Making preparations to leave work without authorization before lunch, any scheduled break, or before quitting time.
(5) Failure to adhere to city's time keeping policy.
(6) Neglect or carelessness in signing in or out, clocking in or out, or signaling in or out.
(7) Unauthorized absence from work.
(8) Creating or contributing to unsanitary or unsafe conditions or poor housekeeping.
(9) Distracting the attention of others, or otherwise causing disruption on the job.
(10) Malicious mischief, horseplay, wrestling, or other undesirable conduct, including use of profane or abusive language.
(11) Failure to cooperate with other employees as required by job duties.
(12) Abuse of City property or equipment.
(13) Unauthorized use or possession of another employee's equipment.
(14) Failure to observe Department Rules.
(15) Obligating the City for any expense, service or performance without prior authorization.
(16) Disregarding job duties by neglect of work, conducting personal business or reading for pleasure during working hours.
(17) Unsatisfactory work or failure to maintain required standard of performance.
(18) Use of telephone or computer for other than City business purposes without authorization.
(19) Violation of departmental uniform regulations.
Group II Offenses - Offenses in this category will usually be disciplined in the following order:
First Offense Written reprimand/warning and up to three (3) working suspension days or three (3) days suspension without pay.
Second Offense Up to ten (10) working suspension days or ten (10) day suspension without pay.
Third Offense Dismissal
(1) Willful discourteous treatment of the public.
(2) Unauthorized sleeping during working hours.
(3) Reporting for work or working while unfit for duty.
(4) Conduct violating morality or common decency.
(5) Unauthorized use of City property or equipment.
(6) Performing private work on City time.
(7) Willful failure to sign in or out, clock in or out, or signal in or out when required.
(8) Unauthorized failure to report for overtime work after being scheduled to work according to overtime policy.
(9) Willful failure to make required reports.
(10) Unauthorized solicitation on City premises.
(11) Making or publishing false statements concerning employees, supervisors, the City or its operations.
(12) Refusing to testify in court, before the Civil Service Commission, during an accident investigation, or any type of public hearing.
(13) Lying or refusing to cooperate during a complaint or grievance investigation or hearing.
(14) Unauthorized posting or removal of notices or signs from bulletin boards.
(15) Unauthorized distributing or posting written or printed matter of any description on City premises.
(16) Willful disregard of Department Rules.
(17) Use of abusive or threatening language toward supervisors or subordinates.
(18) Unauthorized political activity pursuant to state law.
(19) For police officers, carrying weapon off duty while intoxicated.
(20) Willful misuse of equipment resulting in damage to the equipment or an accident.
(21) Threatening, intimidating, coercing, or interfering with subordinates or other employees.
(22) Failure to follow safety rules, use-of-force rules or disregard of common safety practices.
(23) Failure to report accidents, injuries or equipment damage.
(24) Negligence causing an accident, injury (to self or others) or property damage.
(25) Recklessly or negligently discharging a firearm, taser, or other weapon in a non-threatening situation or not in accordance with Departmental Policy.
Group III Offenses - Offenses in this category will usually be disciplined in the following order:
First Offense Mandatory 10 day suspension or dismissal.
(1) Wanton or deliberate neglect of duty or in the care, use or custody of any City property or equipment. Wanton or deliberate destruction, in any manner, of City property, tools, equipment, or the property of employees.
(2) Lying or refusing to cooperate during accident investigations. Falsifying or assisting in the falsification or destruction of any City records. Lying or withholding information required on employment applications. Falsifying or altering any time card (own or other employee's).
(3) Making false claims or misrepresentation in an attempt to obtain any City benefit.
(4) Illegal gambling during working hours.
(5) Drinking alcoholic beverages on the job.
(6) Theft or concealment of any property of the City or of other employees.
(7) Possession, use or the sale of controlled substances, anytime, or use or sale of alcoholic beverages on the job.
(8) Fighting or attempting to injure other employees, supervisors, or persons.
(9) Unauthorized carrying or possession of firearms on City property.
(10) Concealing a communicable disease such as TB which may endanger other employees.
(11) Instigating, leading, or participating in any unauthorized walkout, strike, sit-down, stand-in, refusal to return to work at the scheduled time for the scheduled shift, or other curtailment, restriction or interference with work in or about the City's work stations.
(12) Dishonesty or any dishonest action. Examples included but are not limited to: theft, pilfering, opening desks assigned to other employees without authorization; theft or pilfering of tool kits, or other property of the City or other employees without authorization; lying to secure an excused absence or to justify an absence or tardiness;
(13) Insubordination; disregard of a directive from a supervisor.
(14) Sexual harassment.
(15) Violation of confidentiality which results in disruption of any law enforcement action.
(16) Unnecessary and unwarranted violence (physical or mental) to a prisoner.
(17) Purposefully discharging a firearm, taser or other weapon in a non-life threatening situation or not in accordance with Departmental policy.
(18) Extreme negligence, recklessness or willful behavior causing an accident, injury (to self or others), or property damage.
(Ord. 26-2012. Passed 4-10-12.)