A. Counseling. To the degree possible, a supervisor should assist the employee in resolving discipline problems through discussion and counseling.
B. Party Imposing Discipline. Unless otherwise specified, the party authorized to impose discipline shall be the department head. In the case of any member of the staff of the city manager's office, the city manager shall, for the purpose of this section, be considered to be a department head. Although no right of appeal exists from the decision of the department head to the city manager, the city manager may, on his own motion, reverse or modify the decision of the department head, so long as the city manager acts prior to the decision's becoming effective.
C. Notice of Proposed Discipline. Except for written reprimands, nondisciplinary suspensions, or as otherwise provided herein, no disciplinary action may be taken without giving the employee written notice of the proposed disciplinary action not fewer than five working days prior to the proposed effective date of such action. The notice shall contain a description of the events which necessitated the disciplinary action, a statement of the charges, notification that the employee may review available materials leading to the disciplinary action, a statement of the employee's right to meet with the department head and/or respond in writing prior to the effective date of the discipline, notice of possible further action(s) in the event corrective action by the employee does not occur, if applicable, and a description of the appeal procedure. The department head shall advise the personnel officer in writing of his/her intention to take such disciplinary action prior to taking such action.
D. Employee's Opportunity to Respond. Within the time set forth in the notice, as described in subsection C of this section, the employee may either request a meeting with the department head and/or respond in writing. An employee's opportunity to respond to the department head is not intended to be an adversarial hearing, although the employee has a right to have a representative or counselor present. The employee need not be given the opportunity to present or cross-examine witnesses or present a formal evidentiary case, but shall have the opportunity to present a response.
E. Decision. If the employee does not respond to the notice, the decision shall be effective on the date stated in the notice. If the employee does respond, the department head shall evaluate the proposed discipline in light of the employee's response and shall initiate further investigation if the employee's version of the facts raises doubts as to the accuracy of the department head's information leading to the discipline proposal. The decision shall contain the applicable information previously set forth in subsection C of this section, and set forth the department head's evaluation of the employee's response and further investigation if such was necessary. The decision shall be signed by the department head and personnel officer and shall clearly inform the employee that he/she has the right, within five working days after receipt of the decision, to request a hearing on the charges before the civil service commission by filing a written request with the personnel officer.
F. Appeal. Within five days of receipt of the decision, the employee may appeal by giving written notice of appeal to the personnel officer. Thereafter the civil service commission shall hold a hearing on such appeal. The date for commencement of the hearing shall be not fewer than ten days, nor more than thirty days, from the date of the filing of the appeal, unless the parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven calendar days prior to the hearing.
G. Finality. If within the five-day appeal period the employee involved does not file said appeal, the decision shall be final.
H. Notices. All notices required to be given hereunder, will be given to the employee in person, whenever possible and the employee's signature obtained to indicate receipt. In the absence of personal service, the notice may be sent by registered mail to the employee's last known address.
I. Waiver. Failure of the employee to take any action required by this section within the time limits permitted therefor shall be deemed a waiver of all further rights of appeal.
(Ord. 86-03-970 § 1 (part), 1986)