(a) Layoff. When it becomes necessary in any department, through lack of funds or other causes, to reduce the number of employees in a given class, temporary and seasonal employees, if any, shall be laid off first and thereafter the least efficient regular employees as shown by service ratings for the (12)-month period immediately preceding the layoff date shall be the next laid off. In the absence of satisfactory service ratings, layoff shall be in order of seniority, the persons last appointed being the first laid off.
(b) Suspension. When, in the opinion of the City Manager, an employee’s work performance or conduct justifies a disciplinary action short of dismissal, the employee may be suspended without pay.
(c) Removal. An employee may be dismissed from the service for cause. Any one of the following causes shall be sufficient for removal from the service, though removal may be made for causes other than these here enumerated:
(1) Neglect of duty;
(2) Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked by the appointing authority;
(3) Incompetence or inefficiency in the service or incapacity due to mental or physical disability.
(d) Retirement. Retirement is determined by the various pension plans. Once a retiring employee determines the date of such employee's last day, such employee shall inform such employee's Supervisor and the Human Resources Department in writing or email of that date. The use of accrued leave time of actual service may be allowed if, in the sole discretion of the City Manager or such Manager's designee, that the affected department will not be adversely impacted by the reduced staffing levels.
(e) Resignation. To resign in good standing, a probationary or regular employee shall give at least two (2) weeks’ notice of their intention to resign.
(f) Disability Separation. If an employee, as a result of an injury on the job is unable to perform the substantial and essential duties of such employee’s position for a period of twelve (12) consecutive months, the employee shall be placed on disability separation at the end of said twelve (12)-month period and the City may fill such employee’s position, except as prohibited by law. Employees on disability separation shall be entitled to sick leave pay as long as they have unused sick leave in their credit.
(1) Reinstatement rights. An employee given a disability separation shall have the right to reinstatement, within two (2) years after having been given a disability separation, to a position in the classification the employee held at the time of separation. When such employee is restored to such employee’s position, the former incumbent of such position shall be demoted to the next lower rank, and the less senior employee in years of service in the next lower rank shall be demoted, and so on down until the less senior employee in the point of service has been reached, who shall be laid off, if necessary.
(2) Request for reinstatement. Any request for reinstatement following a disability separation must not be later than two (2) years following a disability separation. The request must be in writing to the City Manager.
(3) Medical examination. The employee requesting reinstatement from a disability separation shall be eligible for reinstatement after a medical examination, conducted by a physician to be designated by the City, or upon the submission of other appropriate medical documentation establishing that the disability illness, injury or condition no longer exists. (Ord. A-2065. Passed 12-23-96; Ord. A-2164. Passed 4-26-99; Ord. A-2422. Passed 1-24-05; Ord. A-2464. Passed 12-12-05; Ord. A-2705. Passed 12-12-11; Ord. A-2778. Passed 12-9-13; Ord. A-2912. Passed 12-11-17; Ord. A-2957. Passed 12-10-18; Ord. A-3111. Passed 11-28-22.)