§ 35.084  PROGRESSIVE DISCIPLINARY POLICY.
   (A)   Purpose. The purpose of this policy is to state the town’s position on administering equitable and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary measure is the one that does not have to be enforced and comes from good leadership and fair supervision at all employment levels. The town’s own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform, and impartial. The major purpose of any disciplinary action is to correct the problem, prevent recurrence, and prepare the employee for satisfactory service in the future. Supervisors are responsible for taking action in a progressive disciplinary situation with employees or may face disciplinary action themselves.
   (B)   Progressive discipline. Although employment with the town is based on mutual consent and both the employee and the town have the right to terminate the employment-at-will relationship, with or without cause or advance notice, the town may use progressive discipline at its discretion. Disciplinary action may call for any of four steps: verbal warning, written warning, suspension with or without pay, or termination of employment,  depending on the severity of the problem and the number of occurrences. There may be circumstances when one or more steps are bypassed.
   (C)   Employee copies of discipline documentation. The employee will be provided copies of all progressive discipline documentation. The employee will be asked to sign copies of this documentation attesting to his or her receipt and understanding of the corrective action outlined in these documents.
   (D)   Progressive discipline steps. Progressive discipline means that, with respect to most disciplinary problems, these steps will normally be followed:
      (1)   Verbal warning;
      (2)   Written warning;
      (3)   Suspension with or without pay pending executive session; and
      (4)   Termination pending executive session.
   (E)   Issues subject to discipline. The following is a non-comprehensive list of employee issues that may be subject to progressive discipline:
      (1)   Not meeting job requirements;
      (2)   Inability to meet deadlines;
      (3)   Poor quality of work;
      (4)   Excessive absences;
      (5)   Excessive tardiness;
      (6)   Intentional abuse of company property; and
      (7)   Arguing/fighting with co-workers.
   (F)   Serious misconduct. In the case of serious misconduct, an employee will be suspended without pay pending executive session. Serious workplace misconduct includes, but is not limited to:
      (1)   Theft;
      (2)   Behavior/language of a threatening, abusive, or inappropriate nature;
      (3)   Failure to follow safety procedures causing injury;
      (4)   Misuse, damage to, or loss of company property;
      (5)   Falsification, alteration, or improper handling of company-related records;
      (6)   Disclosure or misuse of confidential information;
      (7)   Unauthorized possession or concealment of weapons;
      (8)   Insubordination (refusal to carry out a direct assignment);
      (9)   Misuse of the company’s electronic information systems; and
      (10)   Possession, use, sale, manufacture, purchase, or working under the influence of non-prescribed or illegal drugs, alcohol, or other intoxicants.