(a) If an employee commits an infraction and a counseling is not utilized, he or she may be given a written reprimand. A copy of the reprimand will be given to the employee and a copy will be placed in the employee's personnel file.
(b) When a classified employee is to be suspended, demoted, or dismissed, the charges against the employee shall be reduced to writing, and one copy shall be delivered to the employee. Delivery to the employee shall be deemed to have occurred if the charges are hand-delivered, emailed, or in the event that hand-delivery or email fails, placed in the U.S. Mail. Where resort to U.S. Mail occurs, the date of the posting shall control and a written certification shall be provided to the hearing officer stating the date of mailing and address to which mailed. The employee's last known address shall be utilized.
Charges under paragraph (b) must be brought within fifteen (15) work days of the City having knowledge of the infraction. The hearing shall be held no more than ten (10) work days after the charges have been served on the employee. In the event the hearing cannot be held because of the absence of the employee, or the Division or Department Head, for any reason, then it shall be held within five (5) work days after the return of the employee, or the Division or Department Head. The employee shall have the right to be represented at such hearing.
(c) The City's designated hearing officer shall hear the evidence in support of the charges and the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The City's designated hearing officer shall make a recommendation to the Mayor or his or her designee on the case within ten (10) work days after the day of the hearing. In appropriate cases, referral to the Employee Assistance Program may be considered as an alternative to or part of immediate disciplinary action. If the recommendation of the City's designated hearing officer is for dismissal or demotion and the Mayor or his or her designee concurs, then at the request of the employee, the Mayor or his or her designee shall then hear oral arguments from the parties relative to the recommended penalty, and render a fair and just decision based on the arguments submitted at the hearing.
(d) Any of the time frames included herein may be extended by mutual agreement of the Parties.
(e) With the exception of a written reprimand, any disciplinary action taken against the employee under this section shall be subject to the appeal procedure of the Civil Service Commission.
(f) Unclassified employees will not be covered by this procedure and will be subject to discipline at the discretion of the appointing authority, subject to the provisions of the Charter.
(Ord. 599-23. Passed 11-21-23.)