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An employee may be demoted from a higher rated position to a lower rated position for cause. The request may be made by the department head, but the demotion shall become effective only upon recommendation of the supervising department director and concurrence by the human resources department.
(1957 Rev. Ords., § 3.138; 1992 Code, § 30-44) (Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 4-05, passed 1-10-2005)
No employee shall be suspended, discharged or demoted from his or her position except for just cause, which shall not be race, color, religion, sex, sexual orientation, national origin, creed, ancestry, pregnancy, age, genetic information or disability.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-45) (Ord. 87-91, passed 11-25-1991; Ord. 28-00, passed 4-10-2000)
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)
(a) Notice of disciplinary action to include warning, suspension, reduction, or discharge from a position in the civil service shall be documented on an incident report form and immediately forwarded to the human resources department. A copy of this incident report shall be provided to the disciplined employee.
(b) If an employee is being discharged, he or she shall be given a copy of the reasons for his or her discharge in writing and shall be afforded a predetermination opportunity to respond to intended disciplinary action.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-47) (Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 97-16, passed 8-9-2016)
Within ten calendar days after the issuance of the employee incident report identifying the removal, discharge, suspension or reduction of a person holding a position in the classified civil service of the city, the person may appeal the action to the civil service board by filing a written notice of the appeal with the human resources department.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-48) (Ord. 82-73, passed 10-1-1973; Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 04-04, passed 1-12-2004)
(a) Within 30 days after receiving notice of appeal from a person holding a position in the classified civil service of the city, the civil service board shall set a date for hearing on or investigation of the reasons for the removal, discharge, suspension or reduction. Notice of the time and place of the hearing or investigation shall be delivered to the employee appealing either personally or by certified mail. Notice by regular mail shall also be given the officer taking the action appealed from.
(b) If the conduct which is the subject of the action is pending before a grand jury or court, the board may, upon request by the person subject to the action, postpone consideration of the matter. Upon making the request, the person shall, in writing, waive all right to pay during the postponement. The person may terminate the postponement upon ten days’ written notice to the board.
(c) A hearing panel composed of three board members shall conduct the hearing or investigation. The employee appealing shall have full opportunity to be heard and may be represented by counsel or a union representative. The city attorney or unit director taking the action shall be represented by the office of the city attorney. However, a unit director retains additional counsel, the expense so incurred shall not be paid by the city.
(d) In the course of the hearing or investigation any member of the board shall have the power to administer oaths and shall have power to secure by subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing or investigation. The board may order all evidence to be taken by a competent reporter. The investigation shall be confined to the determination of the question of whether the removal, suspension, demotion or discharge was or was not made for race, color, religion, sex, sexual orientation, national origin, creed, ancestry, pregnancy, age, genetic information or disability and was or was not made in good faith for cause.
(e) Failure of the appealing employee to appear before the civil service board at the time, date and place as indicated upon the notice of hearing delivered to the employee will cause the board to find in favor of the city. In addition, the appealing employee will be charged with all expenses connected with arranging a civil service board appeals hearing. The city shall collect those expenses from the appealing employee as the city deems appropriate.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-49) (Ord. 50-83, passed 7-11-1983; Ord. 87-91, passed 11-25-1991; Ord. 99-96, passed 9-3-1996; Ord. 87-97, passed 12-2-1997; Ord. 4-05, passed 1-10-2005)
After an investigation into the discharge, removal, suspension or reduction of a person in the civil service, the civil service board may, if in its estimation the evidence is conclusive, affirm the removal, or if it shall find that the removal, suspension or demotion was made for race, color, religion, sex, sexual orientation, national origin, creed, ancestry, pregnancy, age, genetic information or disability or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of the person in the office, place, position or employment from which the person was removed, suspended, demoted or discharged. The reinstatement may be retroactive with pay from the time of the removal, suspension, demotion or discharge. The board upon the investigation, in lieu of affirming the removal, suspension, demotion or discharge, may modify the order of removal, suspension, demotion or discharge by directing a suspension without pay for a given period and subsequent restoration of duty or demotion in classification, grade or pay. The findings of the board shall be certified in writing to the director, and shall be forthwith enforced by the officer.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-50) (Ord. 87-91, passed 11-25-1991; Ord. 4-05, passed 1-10-2005)
Any officer or employee suspended or under suspension shall be entitled to reinstatement only in the discretion of the department head, unless otherwise ordered by the board following a hearing on appeal.
(1957 Rev. Ords., § 3.140; 1992 Code, § 30-51) (Ord. 87-91, passed 11-25-1991)
The director shall report to the board:
(a) A complete list of civil service employees prepared by listing the rank and position of each employee;
(b) Every resignation, discharge, reduction or suspension from service of employees certified to him or her and the cause for the resignation, discharge, reduction or suspension;
(c) Leaves of absence; and
(d) The name of each new employee or appointee and the position of employment or appointment.
(1957 Rev. Ords., § 3.141; 1992 Code, § 30-52) (Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997)
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