(A) Measures. Employees may be warned, reprimanded, suspended, demoted, dismissed or subject to other disciplinary measures.
(B) City Superintendent. Superintendent may, upon his or her own motion or upon the recommendation of a department head, discipline employees of all departments under their jurisdiction by using oral or written warnings and reprimands or by recommending suspension, demotion or dismissal to the City Administrator.
(C) By the City Administrator. The City Administrator may, upon his or her own motion or upon the recommendation of the City Superintendent discipline employees.
(D) Procedure. In all cases of disciplinary action other than oral reprimand, a dated written notice of the proposed disciplinary action shall be presented to the employee.
(E) Dismissal. Employees subject to the provision of this chapter may be dismissed from municipal service by the Council as recommended by the City Administrator as a result of any of the following:
(1) Incompetence or ineffective performance of duties;
(2) Conviction of a criminal offense involving moral turpitude;
(3) Insubordination;
(4) Violation of any lawful or official rule, regulation or order or failure to obey any lawful direction made and given by a superior;
(5) Intoxication on duty or the consumption of alcoholic beverages while on duty;
(6) The use of drugs or under the influence of drugs while on duty except where described by a licensed physician;
(7) Intentional violation of safety rules;
(8) Theft of the city's or an employee's property;
(9) Misuse of city property;
(10) Use of abusive language;
(11) Excessive absence or tardiness;
(12) Excessive use of telephone for personal calls;
(13) Immoral conduct;
(14) Illegal acts;
(15) Non-compliance with all occupational safety and health standards, rules or regulations;
(16) Physical or mental defect which, in the judgment of the appointing authority, incapacitates the employee to an extent so as to materially interfere with the proper performance of the employee's duties; an examination by a licensed physician may be required and imposed by the appointing authority;
(17) Wanton use of offensive conduct toward the public, municipal officers, superiors or fellow employees;
(18) Inducing or attempting to induce a city officer or employee to commit an unlawful act or to act in violation of any unlawful and reasonable official regulation or order;
(19) Soliciting or accepting any gift, gratuity, loan, reward, discount, valuable favor or any thing of value which is sought or offered on a basis reasonably considered to be related to city employment and not generally available to the public;
(20) Deliberately filing or making a false report or official statement;
(21) Proven dishonesty in the performance of duties;
(22) Violations of the provisions of this employment policy (Chapter 31);
(23) Holding any other public office or employment which is incompatible with city employment responsibilities, as determined by the City Administrator;
(24) Failure to report any interest with respect to any relationship which may create a substantial conflict of interest with respect to official duties for the city; or
(25) Carelessness or negligence in handling or controlling city property.
(F) Sexual harassment.
(1) For purposes of this personnel policy, sexual harassment shall be defined as unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when:
(a) Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment or submission to or rejection of the conduct is used as the basis for employment decisions; and/or
(b) The conduct has the purpose or affect of substantially interfering with the individual's work performances or creating intimidating, hostile or offensive working environment.
(2) Sexual harassment by 1 city employee against another city employee will not be tolerated and will be grounds for dismissal. Similarly, retaliatory action taken against an employee who has made complaints or sexual harassment will not be tolerated and will be grounds for dismissal.
(3) Any employee who feels they have been sexually harassed shall report the incidents immediately to the department head and the City Administrator and/or the City Attorney who shall immediately investigate all complaints.
(Ord. 491, passed 4-22-2003)
(G) Employee at closed session. The employee will be invited to Council closed session to discuss any and all allegations.