(a) Grounds for Disciplinary Actions.
(1) The tenure of every full-time employee in the non-exempt service of the City shall be during satisfactory behavior and efficient service, but any such employee may be removed or otherwise disciplined for just cause, including but not limited to:
A. Incompetency;
B. Inefficiency;
C. Dishonesty;
D. Drunkenness;
E. Immoral conduct;
F. Insubordination;
G. Discourteous treatment of the public;
H. Neglect of duty;
I. Violation of City Charter or ordinance;
J. Violation of the laws of the State of Ohio or United States of America;
K. Violation of these Rules or other City regulations;
L. Any other failure of good behavior;
M. Any other acts of misfeasance, malfeasance, or nonfeasance in office;
N. For failure to obey the orders, directions or instructions of a supervisor; or
O. For any other just cause of similar magnitude.
(2) Nothing herein shall be construed to limit the rights of the City to lay off or separate any employee in the event any position is abolished for lack of work or lack of funds.
(b) Disciplinary Actions and Penalties.
(1) The following disciplinary actions may be imposed on an employee, based upon the re-occurrence or magnitude of the violation, in one or more of the following forms:
A. Warning. A warning shall be issued for first or relatively minor offenses. Such warning shall be noted in writing as to details and retained in departmental files. The subject employee shall be made aware that this is an official warning, pursuant to the rules.
B . Reprimand. A reprimand shall be issued, in writing, for repetitive or serious offenses.
C. Suspension of up to five days. A suspension of up to five work days shall be issued for repetitive and/or serious offenses when reprimand(s) has failed to significantly improve performance, or when an offense is serious and/or repetitive enough to warrant such action.
D. Suspension of more than five days. A suspension of more than five work days shall be issued for repetitive and/or serious offenses when reprimand(s) and/or lesser suspension has failed to significantly improve performance, or when an offense is serious and/or repetitive enough to warrant such action.
E. Demotion. A demotion may be issued alone or in conjunction with suspension when an offense is serious and/or repetitive enough to warrant such action. Demotion may include reduction to probationary status for a specified period and/or pay and/or delay of pay increases. However, the cancellation, delay or reduction of an anticipated pay increase for unsatisfactory performance shall not, in itself, be construed as a "demotion" appealable to the Board.
F. Dismissal. The dismissal, or removal, of an employee from City service shall take place for any of the causes outlined in subsection (b)(1)C., D. and/or E. hereof.
(2) Disciplinary actions and penalties shall be administered as follows:
A. An employee's supervisor, department director or the City Manager may propose disciplinary action.
B. When an employee's continued presence on duty is an immediate endangerment to the safety, integrity or effectiveness of the City, or for other just cause, disciplinary action may become effective immediately, upon approval of the Manager. When the Manager is not available, emergency suspension can be approved by the Department Director. Emergency action shall be effective at any time specified. The Manager shall reaffirm, reverse or reduce such action after the period of appeal has expired.
C. All actions not administered as emergency shall be "proposed" but not effective or approved, until final action of the Manager, pursuant to Section 155.01(d).
D. The Director of Personnel shall prescribe an appropriate form(s) to administer disciplinary actions.
E. All disciplinary actions and appeals and decisions on appeals shall be made a part of the subject employee's central personnel file.
(c) Commendations. The Manager may award written commendations to employees for outstanding service to the City. Evidence of such commendations, stating reasons for the action, shall be made a part of the subject employee's personnel file and may be used by the Manager to support determinations of merit and efficiency with respect to pay increases and/or promotions.
(Ord. 723. Passed 6-25-85.)