A dismissal, demotion with reduction in pay or suspension without pay of an employee in the classified service with regular status shall be accomplished and reviewed only in accordance with the procedures stated in this section:
(A) Before a Department Director may dismiss, demote with a reduction in pay or suspend without pay an employee, the employee shall receive written notice of intent to discipline containing a reasonably specific statement of the basis for the intended discipline, the proposed time for a pre-disciplinary hearing and an explanation of the employee’s right to participate in the hearing. If the employee is unavailable, the notice shall be given by certified mail.
(B) Failure of the employee to participate in the pre-disciplinary hearing waives the employee’s rights to a pre-disciplinary hearing. The City may take disciplinary action based on evidence previously received.
(C) The City Manager or designee shall conduct the pre-disciplinary hearing.
(D) Existing pay status shall not be provided beyond the date initially set for the hearing if the employee or representative requests and is granted an extension of the hearing date for any reason. If the city requests, and is granted, an extension of the hearing date for any reason, the employee shall be continued in pay status.
(E) The city shall issue a written notice to the employee of the decision on whether to impose discipline no later than three working days after the close of the hearing. The decision shall include a statement of the reasons for the decision.
(F) The City Manager may decide the city will impose a lesser form of discipline for the conduct at issue at the hearing.
(Am. Ord. 2019-10, passed 9-10-19)