(A) Prior to infractions progressing to a point meriting 1 of the disciplinary actions that follow, supervisors are encouraged to warn/counsel where appropriate and document each instance in writing. The warnings should be acknowledged by the recipient and made a matter of record.
(B) Prior to dismissal or demotion or suspension of probationary or temporary employees, with or without cause, written notice must be given to inform the employee of the right for a review with the City Manager prior to the effective date of the suspension, demotion, or dismissal. The decision of the City Manager will be final.
(C) Classified employees of continuous service may be suspended, demoted, or dismissed for cause, including, but not limited to:
(1) Negligent, discourteous, or inefficient performance;
(2) Failure to improve or modify behavior or performance after warning or deficient employee evaluation;
(3) Failure to report for work without authorized leave;
(4) Physical unfitness for duty;
(5) Refusal to accept a reasonable and proper assignment from an authorized supervisor;
(6) Conduct tending to interfere with the appropriate and efficient operation of the city (such as, but not limited to, fighting, use of profane or obscene language when dealing with the public);
(7) Careless, negligent, or improper use of or theft of city property, equipment, or funds;
(8) Abuse of sick leave;
(9) Engaging in a strike, work stoppage, slow down, or picketing an agency in a labor- management dispute;
(10) Making false statement or practicing deception or fraud in securing or continuing employment with the classified service;
(11) Conviction of a felony or misdemeanor pursuant to NMSA §§ 28-2-1 et seq.
(12) Engaging in political activities prohibited by § 33.25;
(13) Violation of the Conflict of Interest Act, NMSA § 3-10-4;
(14) Refusing to testify before the Board on matters pertaining to personnel;
(15) Insubordination;
(16) Filing false statements or allegations against a coworker, including false sexual harassment charges;
(17) Sexual harassment; and/or
(18) Violation of city drug and alcohol policy.
(D) The suspension, demotion, or dismissal of nonprobationary, nontemporary employees shall be accomplished in the following manner. When the employer determines that disciplinary action is necessary, the employee will be informed of the reasons for the proposed disciplinary action in writing within 5 working days after the discovery of the cause giving rise to the disciplinary action. Previous employee behavior, accomplishments, infractions, and evaluations will be considered.
(E) The notification must note the alleged infraction or deficiency and the proposed discipline. In cases of proposed suspension, demotion, or dismissal, a pre-disciplinary hearing shall be held no sooner than 2 working days after delivery of the notice afford the affected employee full opportunity to defend his or her action. No classified or unclassified employee shall be disciplined or discharged without just cause.
(F) A written decision shall be made within 2 working days of the hearing upholding, modifying, or nullifying the initial proposed discipline. The City Manager must approve any disciplinary action involving a loss of pay prior to its effective date.
(1981 Code, § 20-25) (Ord. 823, passed 1-22-1991)