(a) Tenure of Employment. The tenure of a person holding a position of employment under the Civil Service Act shall be only during good behavior.
(b) Causes for Disciplinary Action. Any such person may be removed or discharged, suspended with or without pay, demoted, reduced in rank or deprived of vacations, benefits, compensation or other privileges, except pension benefits, for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, prejudicial conduct, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, any act of omission or commission tending to injure the public service, any willful failure on the part of the employee to properly conduct himself or herself or any willful violation of the Civil Service Act or the rules and regulations adopted pursuant to such Act;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Drunkenness or the use of intoxicating liquors, narcotics or any other habit-forming drug, liquid or preparation to such an extent that the use interferes with the efficiency or mental or physical fitness of the employee or precludes the employee from properly performing the functions and duties of his or her position;
(5) Conviction of a felony or misdemeanor tending to injure the employee's ability to effectively perform the duties of his or her position; or
(6) Any other act or failure to act which, in the judgment of the Civil Service Commissioners , is sufficient to justify the offender as an unsuitable and unfit person to be employed in the public service.
(c) Disciplinary Action Procedure.
(1) No employee in the civil service who has been permanently appointed to or inducted into the civil service shall be removed, suspended, demoted or discharged, except for cause, and then only upon the written accusation of the Police or Fire Chief, the City Manager or any resident or taxpayer.
(2) The written accusation shall set forth the alleged misconduct, charges or grounds for investigation against the employee. The written accusation shall be filed by the complainant with the Secretary of the Commission, who shall cause a copy of such written accusation to be delivered, within seventy-two hours after the filing, to the Police or Fire Chief, to the City Manager and to the employee personally or by certified mail, addressed to the employee at his or her residence address shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing, to be executed and filed in the Secretary's office.
(3) The Police or Fire Chief may immediately suspend, with pay, an employee against whom such written accusation has been filed, pending the decision of the City Manager to reinstate such employee or remove, demote, discharge or suspend him or her, with or without pay.
(4) Prior to the decision of the City Manager to reinstate such employee or remove, demote, discharge or suspend him or her, with or without pay, the Police or Fire Chief shall, within a reasonable period of time, investigate the alleged misconduct, charges or grounds against the employee and explain the basis of the employer's evidence to the employee and provide the employee an opportunity to present his or her version of the circumstances which resulted in the filing of the written accusation. If the Chief's investigation reveals other misconduct, charges or grounds, the Chief shall amend the written accusation to include such other misconduct, charges or grounds by filing an amendment to the written accusation with the Secretary of the Commission. The Secretary shall cause a copy of such amended accusation to be delivered, within seventy-two hours after the filing, to the Police or Fire Chief, to the City Manager and to the employee personally or by certified mail, addressed to the employee at his or her residence address shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed and filed in the Secretary's office. Upon completion of this procedure within a reasonable period of time, the Police or Fire Chief shall recommend, in writing, to the City Manager that the alleged misconduct, charges or grounds set forth in the written accusation be deemed: to be without merit; to not warrant disciplinary action; to warrant disciplinary action less severe than removal, demotion, discharge or suspension, with or without pay, such as an oral or written reprimand; or to warrant removal, demotion, discharge or suspension, with or without pay. If a Police or Fire Chief is the subject of discipline, the City Manager shall follow the same procedures as are followed by the Police or Fire Chief in disciplinary proceedings involving their respective employees under his Act, except for the written recommendation of the Police or Fire Chief.
(5) Within a reasonable period of time after receiving the written recommendation of the Police or Fire Chief, in the case of an employee of one of their respective departments, or, in the case of a Police or Fire Chief, within a reasonable time after the City Manager's investigation, the City Manager shall either decide to accept the recommendation of the Police or Fire Chief as to his or her respective employee, or shall decide, in the case of an employee or in the case of a Police or Fire Chief, that the alleged misconduct, charges or grounds for investigation against the employee or the Police or Fire Chief set forth in the written accusation be deemed: to be without merit; to not warrant disciplinary action; to warrant disciplinary action less severe than removal, demotion, discharge or suspension, with or without pay, such as an oral or written reprimand; or to warrant removal, demotion, discharge or suspension, with or without pay. The City Manager shall file a copy of his or her decision with the Secretary of the Commission. At the same time, the City Manager shall deliver a copy of his or her written decision to the employee, or to the Police or Fire Chief, as the case may be, either personally or by certified mail, addressed to the employee or to the Police or Fire Chief at his or her residence address shown in the personnel records. In addition, the City Manager shall file with the Secretary of the Commission a return showing service of the City Manager's decision upon the employee. The Secretary of the Commission shall cause a copy of such decision to be delivered, within seventy-two hours after the filing, to the Police or Fire Chief, depending upon the department to which the employee belongs.
(6) Any employee so removed, suspended, demoted or discharged may, within ten calendar days after receiving written notice of the Manager's decision, file a written demand for an investigation and public hearing by the Commission. The employee shall file the request for the hearing with the Secretary of the Commission and simultaneously send a copy of the request to the City Manager. The failure to file such a request with the Secretary of the Commission within ten calendar days of receipt of notice of the action by the City Manager shall constitute a waiver of the employee's right to review by the Commission, and the Manager's decision shall become final.
(7) Within five calendar days of receipt of the employee's notice of appeal, the City Manager shall cause to be mailed or delivered to the employee and Secretary of the Commission:
A. A statement of the changes;
B. The names of witnesses who will be called on behalf of the City Manager and a general statement of the nature of their testimony; and
C. Copies of the documents to be introduced.
(8) Within ten calendar days of the filing of the written demand for an investigation and public hearing with the Commission, the employee shall mail or deliver the following to the City Manager and to the Commission:
A. A response to the statement of the charges;
B. The names of witnesses who will be called on behalf of the employee and a general statement of the nature of their testimony; and
C. Copies of the documents to be introduced.
(9) Upon receipt of a written demand, the Commission shall conduct an investigation. The Commission may be represented in such investigation and public hearing by the City Attorney, if authorized by the City Manager. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel, appointed by the Commission for any such investigation and hearing. The investigation shall consist solely of a review of the written submissions of the City Manager and the employee to determine whether or not any individuals or documents should be subpoenaed by the Commission for the subsequent public hearing before the Commission in order to determine whether or not the City Manager acted in good faith for cause. "Good faith for cause" means that the action was not arbitrary or capricious and was not made for political or religious reasons.
(10) The Commission shall schedule a public hearing not less than ten nor more than twenty calendar days from the date of filing of the employee's written demand for an investigation. The Commission shall notify the City Manager and the employee, in writing, at least three calendar days prior to the date of the hearing, of the date, time and place of the hearing.
(11) The City Manager may appear in person and by counsel and may present his or her case. The City Manager may present evidence by testimony and documents and may cross-examine the employee's witnesses. At the hearing, the employee may appear in person and by counsel and may present his or her defense. The employee may present evidence by testimony and documents and may cross-examine witnesses called by the City Manager.
(12) The Commission may affirm the action taken by the City Manager if such action is supported by a preponderance of the evidence. If the Commission finds that the removal, suspension, demotion or discharge was made for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or re-employment of such employee in the position or employment from which such employee was removed, suspended, demoted or discharged. Such reinstatement shall, if the Commission in its discretion so provides, be retroactive and shall entitle such person to compensation and restoration of benefits and privileges from the time of such removal, suspension, demotion or discharge.
(13) After the hearing, in lieu of affirming the removal, suspension, demotion or discharge, the Commission may modify the order of removal, suspension, demotion or discharge by directing a suspension, with or without pay, for a given period, and the subsequent restoration to duty or demotion in position or pay. Not later than ten calendar days after the hearing, the Commission shall certify its findings, in writing, to the employee and to the City Manager, who shall enforce them.
(Ord. 1070. Passed 11-26-85.)