§ 34.146 DISMISSAL.
   (A)   The City Manager or department head in accordance with the Charter may dismiss or demote an employee for the cause or causes listed below. Any of the following acts, when done by an employee, are declared to constitute a breach of duty and to be grounds for dismissal, demotion, or suspension, although charges may be based on causes other than those listed.
      (1)   Conviction of a felony or first degree misdemeanor which directly relates to the position of employment held.
      (2)   Conviction of a criminal offense or of a misdemeanor involving moral turpitude, if a Police Department or Fire Department employee.
      (3)   Willfully, wantonly, or through culpable negligence, guilty of brutality or cruelty to an inmate or prisoner of a city institution or to a person in custody.
      (4)   Guilty of conduct unbecoming an employee of the city.
      (5)   Violation of any lawful and reasonable official regulation or order, or failure to obey any lawful or reasonable direction made and given by his superior, where the violation or failure to obey amounts to an act of insubordination or a serious breach of proper discipline, or resulted, or reasonably might be expected to result, in loss or injury to the city or the public or to the prisoners or wards of the city.
      (6)   Intoxicated on duty or showing evidence of having used intoxicating beverages while on duty.
      (7)   Contraction of a venereal disease, or a physical or mental ailment or defect which incapacitates the employee for the proper performance of the duties of his position.
      (8)   Guilty of actions which amount to insubordination or disgraceful conduct, whether committed on duty or off.
      (9)   Wantonly offensive in conduct or language towards the public or city officers or employees.
      (10)   Incompetent, negligent, or inefficient in the performance of the duties of the position held.
      (11)   Careless or negligent of the property of the city.
      (12)   Failure to pay or make reasonable provisions for future payment of just debts, thereby causing annoyance to the employer or scandal to the service.
      (13)   Used or threatened or attempted to use political influence in securing promotion, leave of absence, transfer, pay, change in character of work, or revision of the examination grade of any qualification examination.
      (14)   Aided or been in any manner concerned in assessing, soliciting, or collecting money from employees in the service of the city, for the purpose of making a gift to any public officer.
      (15)   Induced, has induced, or has attempted to induce, any officer or employee of the city to commit an unlawful act, or to act in violation of any lawful, reasonable, departmental, or official regulation or order; or has taken any fee, gift, or other valuable item in the course of his work or in connection with it for his personal use, from any citizen, when the contribution is made with the hope or expectation of receiving a favor or better treatment than is accorded to other citizens.
      (16)   Intentionally falsified a time record, purchase record, or invoice, or failed to report absence from duty to superiors.
      (17)   Absent from duty without leave or has failed to report for duty after leave of absence has expired, or after leave of absence has been disapproved or revoked.
      (18)   Engaged in distributing badges, posters, bills, or printed or written matter approving or favoring a candidate for nomination or election to a political office in the city. However, nothing under this heading shall deprive an employee of the right to become a member of a political party, to attend political meetings, to express privately his opinion on all political subjects, and to enjoy freedom from all interference in casting his vote.
      (19)   Antagonistic toward superiors and fellow employees, criticizing orders, rules, and policies, and whose conduct interferes with the proper cooperation of employees and impairs the efficiency of the public service.
      (20)   Refused a surety bond when applied for as a qualification for employment.
      (21)   Violated the provisions of written departmental rules and regulations as presently existing or hereinafter adopted.
      (22)   Found after employment to have made a false statement in his application for employment.
      (23)   Habitually tardy in reporting for work.
      (24)   When his position requires the operation of a motor vehicle in the performance of his duties, has lost his driver's license and driving privileges by due process of law.
   (B)   Nothing contained above, however, shall interfere with the right and duty of the City Commission or the City Manager or department head in accordance with the Charter to file charges against any employee on any grounds which they consider justifiable.
('58 Code, § 11.98.4) (Ord. 69-85, passed 9-9-69; Am. Ord. 74-67, passed 7-2-74; Am. Ord. 85-80, passed 9-10-85)