(A) General. Employees may be disciplined by the Commission based on a recommendation of the Mayor or based on charges, signed and in writing, preferred to the Mayor, by any person. Grounds for discipline may include, but need not be limited to, one or more of the following:
(1) In competency or inefficiency in the performance of job duties;
(2) Conduct, on or off the job, unbecoming an employee of the city;
(3) Violations of departmental rules, city wide policies, laws of the commonwealth or the United States;
(4) Behavior which has threatened or injured the health and safety of the employee or others;
(5) Any absence without leave;
(6) Insubordination; and
(7) Solicitation or acceptance of any reward, gift or other form of remuneration aside from regular compensation for the performance of duties.
(B) Types of disciplinary action.
(1) Reprimands. The Civil Service Commission may reprimand an employee in accordance with division (C) below and as required by KRS 90.360.
(2) Suspension.
(a) The Civil Service Commission may suspend an employee for a period of not more than six months, in accordance with division (C) below and as required by KRS 90.360.
(b) In a case where the head of the department or Mayor has probable cause to believe that an employee has been guilty of conduct justifying his or her removal or punishment, he or she shall immediately suspend that employee from duty or from both pay and duty pending trial and that employee shall not be placed on duty or allowed pay thereafter until the charges are heard by the Civil Service Commission.
(3) Demotions.
(a) No employee shall be demoted for any reason, except inefficiency, misconduct, insubordination or violation of law involving moral turpitude or failure to comply with any rule adopted by the city’s legislative body or Civil Service Commission.
(b) The process for the demotion of an employee is outlined fully in division (C) below.
(4) Dismissal.
(a) No employee shall be dismissed for any reason except inefficiency, misconduct, insubordination or violation of law involving moral turpitude or any for failure to comply with any rule adopted by the city’s legislative body or Civil Service Commission.
(b) The process for the dismissal of an employee is outlined fully in division (C) below.
(c) Employees who are dismissed may not be reemployed, reinstated or rehired within the classified service, except by reinstatement by the Commission on review of a dismissal.
(C) Disciplinary action.
(1) In conformity with KRS 90.360, as required by the city’s adoption of citywide civil service as authorized by KRS 95.761(3), no employee in the classified service of the city shall be dismissed, suspended or reduced in grade or pay for any reason except inefficiency, misconduct, insubordination or violation of law involving moral turpitude, or, violation of any rule adopted by the city legislative body or the Civil Service Commission.
(2) Any person may prefer charges in writing against any employee by filing them with the Mayor who shall communicate the charges without delay to the Civil Service Commission of the city. The charges must be signed by the person making them and must set out clearly each charge. The Mayor shall, whenever probable cause appears, prefer charges against any employee whom he or she believes guilty of conduct justifying his or her removal. Upon the filing of charges, the Clerk of the Civil Service Commission shall notify its members and serve a copy of the charges upon the accused employee with a statement of the date, place and hour at which the hearing of charges will begin. This hearing shall not be held within three days of the date of the service of charges upon the accused employee. The day on which the charges are served on the accused employee shall count as one of the days of notice. The employee accused may, in writing, waive the service of charges and request a trial within three days after they have been filed with the Clerk of the Civil Service Commission.
(3) Upon the hearing, the charges shall be considered traversed and put in issue, and the trial shall be limited to the issues presented by the written charges.
(4) The Civil Service Commission shall have the power to summon and compel attendance of witnesses at all hearings by subpoena issued by the Clerk of that body and served upon the witnesses by members of the Police Department of the city or any officer authorized to serve subpoenas. If any witness fails to appear in response to a summons or refuses to testify concerning any matter on which he or she may lawfully be interrogated, any District Judge, on application of the Commission, may compel obedience by proceedings for contempt as in the case of disobedience of a subpoena issued from the District Court. The accused employee shall have the right to have subpoenaed any witnesses he or she may desire, upon furnishing their names to the Clerk. As many as ten subpoenas may be served on the request of the accused employee without charge, but each additional subpoena requested by him or her shall be issued by the Clerk and served by the Police Department only upon payment of $0.50 to the City Clerk by the employee. The action and decision of the Civil Service Commission on the charges shall be reduced to writing and kept in a book for that purpose and the written charge shall be attached to the book containing the body’s decision.
(5) In cases where the head of the department or the appointing authority has probable cause to believe an employee has been guilty of conduct justifying his or her removal or punishment, he or she shall immediately suspend that employee from duty or from both pay and duty pending trial and the employee shall not be placed on duty or allowed pay thereafter until the charges are heard by the Civil Service Commission.
(6) The Civil Service Commission shall punish any employee found guilty by reprimand or a suspension for any length of time not to exceed six months, or by reducing the grade, if the employee’s classification warrants, or by combining any two or more these punishments, or by dismissal. No employee shall be reprimanded, removed, suspended or dismissed, except as provided in this section.
(D) Conduct of hearings and appeals.
(1) The Civil Service Commission shall conduct disciplinary hearings according to hearing procedures and rules as adopted by the Civil Service Commission in conformity with the standards of due process.
(2) The Civil Service Commission shall have counsel present at each meeting of the Commission wherein any disciplinary matter is to be considered and at any hearing conducted by the Civil Service Commission.
(3) Any employee may be represented by counsel at any hearing of the Commission at the employee’s expense.
(4) Appeals from the Civil Service Commission’s determination shall be filed in the county’s Circuit Court in conformity with state law.
(Ord. 013-145, passed 9-23-2013)