(a) The City may take any of the following disciplinary actions: verbal reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. All disciplinary action shall be for just cause including, but not limited to, the following:
(1) Failing to comply with safety procedures or guidelines.
(2) Failing to follow established procedures.
(3) Insubordination.
(4) Failing to follow orders or directives from a supervisor, department head or the Mayor.
(5) Abuse, misuse, or appropriation of City property.
(6) Misfeasance, malfeasance or nonfeasance of employee's job duties.
(7) Inappropriate or discriminatory actions or conversation to fellow employees or the public.
(8) Theft.
(9) Failing a mandated drug or alcohol test.
(b) Every employee shall have the right to present his grievance as set forth hereinafter provided the disciplinary action taken or grievance is not subject to appeal to the Civil Service Commission.
(1) Grievance is defined as a dispute or controversy over disciplinary action taken by a superior.
(2) A day shall be defined as a calendar day, excluding Saturdays, Sundays and holidays.
(c) The following procedures shall apply to grievances:
(1) All grievances shall be in writing and include the following:
A. Name and position of grievant.
B. Nature of disciplinary action taken.
C. Reasons for objection to said action.
(2) A copy of the grievances shall be given to the following persons within three (3) days after the disciplinary action is announced.
A. The party who authorized the disciplinary action;
B. The Mayor.
(3) The Mayor may do any of the following:
A. Grant the grievant's request and suspend the disciplinary action taken;
B. Modify the disciplinary action taken;
C. Uphold the disciplinary action taken;
D. Hold a hearing regarding the matter after which the Mayor may or may not take any of the actions set forth in paragraphs A., B., or C., above.
E. The Mayor's decision shall be in writing and delivered to the grievant.
(4) If the grievant is unsatisfied with the decision of the Mayor, he may request a hearing before the personnel committee of Council. The request must be in writing and filed with the Clerk of the Council within five days after receipt of the Mayor's decision.
(5) The request for hearing shall include all items listed in subsection (c)(1) and include a copy of the Mayor's decision.
(6) The personnel committee shall meet and may take any of the following actions:
A. Grant the grievant's request and suspend the disciplinary action taken;
B. Modify the disciplinary action taken;
C. Uphold the disciplinary action taken;
D. Hold a hearing regarding the matter after which the committee may or may not take any of the actions set forth in paragraphs A., B., or C., above.
E. The Council's decision shall be in writing and delivered to the grievant.
(7) The decision of the personnel committee shall be final and binding except for any employee who has a right to appeal to the Civil Service Commission.
(Res. 1997-58. Passed 12-29-97.)