§ 39.059  DEMOTION, DISCHARGE, SUSPENSION; CAUSES.
   The following will be considered as causes for discharge, suspension, or demotion of an officer or an employee in the classified civil service, although discharges, suspensions, or demotions may be made for other causes:
   (a)   Has been convicted of a criminal offense or of a misdemeanor involving moral turpitude;
   (b)   Has willfully, wantonly, or through culpable negligence been guilty of brutality or cruelty to a prisoner or to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense, or to protect the lives of others, or to prevent the escape of a person lawfully in custody;
   (c)   Has willfully violated any of the provisions of the civil service or of the rules of the board;
   (d)   Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful or reasonable direction made and given by his or her superior officer, where the violation or failure to obey amounts to an act of insubordination or a serious breach of proper discipline, or resulted or reasonably might be expected to result in loss or injury to the city, or to the public or to the prisoners or wards of the city;
   (e)   Has been guilty of acts constituting insubordination or of any conduct unbecoming an officer or employee of the city;
   (f)   Has committed any one of the following unless it is committed by a public safety officer who is legally or specifically authorized to do so while acting in the line of duty:
      (1)   Has unlawfully used, possessed, manufactured, distributed, dispensed, or been under the influence of any controlled substance on or off the job;
      (2)   Has unlawfully used, possessed, manufactured, distributed, or dispensed drug paraphernalia on or off the job;
      (3)   Has at any time used, possessed, or been under the influence of alcohol while working, while performing job duties, while on the city's premises, or while operating city vehicles, machinery, or equipment; or
      (4)   Has violated any provision of the city's substance abuse prevention policy.
   (g)   Is wantonly offensive in his or her conduct or language toward the public or toward city officers or employees;
   (h)   Is incompetent or inefficient in the performance of the duties of his or her position;
   (i)   Is careless or negligent of the property of the city;
   (j)   Has disclosed privileged or confidential city information to unauthorized person(s) without the specific authorization of a director or manager to do so;
   (k)   Has used or threatened to use, or attempted to use political influence in securing promotion, leave of absence, transfer, change of grade, pay, or character of work;
   (l)   Has induced or has attempted to induce an officer or employee in the service of the city to commit an unlawful act or to act in violation of any lawful and reasonable department or official regulation or order; or has taken any fee, gift, or other valuable thing in the course of his or her work or in connection with it for his or her personal use from any citizen, when the fee, gift, or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other citizens;
   (m)   Has induced or attempted to induce any person doing business with the city to give employment to any relative of the city officer or employee, or has induced or attempted to induce any person to show any material favor or consideration of any kind to any relative of the city officer or employee, when the officer or employee holds a position in a department or office having direct contact with the person;
   (n)   Has been guilty of an immoral or criminal act; or
   (o)   Has been guilty of any other act or omission deemed sufficient cause by the board.
(1957 Rev. Ords., § 3.139; 1992 Code, § 30-46)  (Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 97-16, passed 8-9-2016)