In the event of unsatisfactory employee performance, work habits or personal conduct, the department head shall inform the respective employee promptly and specifically of the undesirable conditions and shall give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating disciplinary action. In some instances a specific incident may justify severe disciplinary action in and of itself; however, the action to be taken depends upon the seriousness of the incident and the whole pattern of the employee’s past performance and conduct.
(a) Written Reprimand. In situations where an oral warning has not resulted in the expected improvement, or where more severe action is warranted, written reprimand may be sent to the employee by the department head, and a copy shall be placed in the employee’s personal records.
(b) Suspension or Reduction of Vacation Leave Balance for a Period of Four (4) Days or Less. Any FLSA non-exempt employee, except a classified member of the Police Department or Fire Department, may be suspended without pay for a period of four (4) working days or less. In such a case, suspension may be made by the City Manager for reasons of misconduct, negligence, inefficiency, insubordination, disloyalty, unauthorized absence, or other justifiable reasons when alternate personnel actions are not appropriate. Employees shall be furnished an advance written notice at least twenty-four (24) hours before the effective date of the suspension, containing the nature of the proposed action. Alternatively, the employee may be suspended with pay for four (4) working days or less or have vacation leave balance reduced by four (4) working days or less at the City Manager’s discretion.
For FLSA exempt employees, the same disciplinary choices will be available, except that suspensions without pay will be in blocks of one (1) or more weeks, unless the suspension is for a major safety infraction.
(1) If the employee wishes to appeal the suspension or reduction of vacation leave balance, the employee must do so in writing to the Human Resources Manager within twenty-four (24) hours of the receipt of the advance notice. The Human Resources Manager will present the written appeal to the Senior Director and/or City Manager. The City Manager may study the appeal in any manner the City Manager chooses and shall decide on the case. The terms of the suspension or reduction of vacation leave balance shall not become effective until the City Manager determines the appropriate action. In all cases the decision of the City Manager shall be final.
(2) If no appeal is made by the employee, the suspension or reduction of vacation leave balance shall take effect on the date specified.
(3) Notwithstanding any of the provisions set forth above, if in the opinion of the department head or their designated representative (as set forth in departmental rules and regulations), an employee’s condition or actions on the job are endangering the safety of themselves or others, the department head, or their designated representative, shall issue an immediate suspension of the employee for a period not in excess of twenty-four (24) working hours. Before the suspension, the department head or designated representative shall tell the employee the reason the City is considering suspension and give the employee an opportunity, at that time, to be heard. Any immediate suspension shall be subject to an automatic review by the City Manager within seventy-two (72) hours of such action, and the department head shall be responsible to provide written documentation of the conditions and reasons for such action. In the event that further disciplinary action is taken after the immediate suspension, the time involved in the immediate suspension shall be credited toward the further disciplinary action.
(c) Suspension, Demotion or Dismissal of Civil Service Employees. The suspension, demotion or dismissal of employees covered by the civil service laws shall be in accordance with Ohio R.C. 124.34 and other civil service laws, except that the employee shall be entitled to a pre-disciplinary hearing before the City Manager before any disciplinary action is taken.
(d) Suspension in Excess of Four (4) Days, Reduction of Vacation Leave Balance, Demotion, Dismissal of Employees Not Covered by Civil Service. The City Manager may take disciplinary action against any City employee not covered by civil service for the good of the City. Such disciplinary action may be suspension for a period in excess of four (4) working days, suspension with pay for a period in excess of four (4) days, reduction of vacation leave balance for a period in excess of four (4) working days, demotion or dismissal. For FLSA exempt employees, suspension without pay will be in blocks of one (1) or more work weeks unless the suspension is for a major safety infraction. Reasons for such disciplinary action may include, but shall not be limited to:
(1) Failure to meet prescribed standards of work, morality and ethics to an extent that makes an employee unsuitable for any kind of employment in the City service;
(2) Theft or destruction of City property;
(3) Incompetency, inefficiency or negligence in the performance of duty;
(4) Insubordination that constitutes a serious breach of discipline;
(5) Conviction of a criminal offense;
(6) Notoriously disgraceful personal conduct;
(7) Unauthorized absences or abuse of leave privileges;
(8) Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of their duties;
(9) Falsification of records or use of official position for personal advantage; and
(10) Incapacity due to mental or physical disability.
(e) Procedure for Disciplinary Action. The City Manager shall first hold a pre-disciplinary meeting with the employee. If, after such meeting, the City Manager feels that disciplinary action is warranted, the employee shall be furnished an advance written notice containing the nature of the proposed action, the reasons therefor, and the right to answer the charges. This notice shall be furnished at least one (1) calendar week prior to the proposed effective date of the action. After receiving notice, but prior to the proposed effective date of dismissal, the employee may be retained in duty status, placed on leave, or suspended with or without pay at the discretion of the City Manager. If the employee fails to respond to the advance notice, the proposed action of the City Manager shall be effective on the date specified with no need for further action. Otherwise, the City Manager shall carefully consider the written appeal of the employee which must be received by the City Manager within forty-eight (48) hours of the time that the employee received the advance notice. After considering the employee’s appeal, the City Manager shall transmit to the employee, at the earliest possible moment, a letter containing the full decision.
(f) Employee Appeal. If the employee wishes to appeal the decision of the City Manager, the employee shall so transmit in writing their appeal to the Board of Appeals, as provided in Section 6-5
of the City Charter. This appeal must be made within twenty-four (24) hours of the receipt of the letter containing the City Manager’s decision. The employee shall then be given at least five (5) days to prepare their argument before appearing before the Board of Appeals. After the employee’s five (5)-day preparation time, the Board of Appeals shall consider the appeal within ten (10) days and shall submit its recommendation to the City Manager. In all cases, the action taken by the City Manager shall be final.
(Ord. A-1600. Passed 12-22-86; Ord. A-2065. Passed 12-23-96; Ord. A-2282. Passed 12-10-01; Ord. A-2324. Passed 11-25-02; Ord. A-2464. Passed 12-12-05; Ord. A-2778. Passed 12-9-13; Ord. A-3111. Passed 11-28-22.)