(A) City employees covered by this code of conduct shall be subject to disciplinary action for failing to fulfill their duties and responsibilities. Certain city employees are employed at will; this subchapter does not alter the at-will employment relationship of those employees. The city may terminate the employment of an employee at will without resorting to disciplinary proceedings. The conduct of disciplinary proceedings shall not waive or impair the city's right to terminate an employee at will. This subchapter provides for disciplinary action to redress violations of the provisions of this subchapter. It does not limit the authority of the city as employer to discipline for other reasons.
(B) The Clerk/Treasurer shall implement disciplinary and corrective action in accordance with the city's personnel manual, or other disciplinary procedures which may be adopted by the Clerk/Treasurer, subject to Council review. The City Council reserves the right to amend, suspend or waive provisions of the city's personnel manual and to adopt procedures appropriate to a particular case.
(C) Evidence of the following acts are examples of cause that justify disciplinary or corrective action under this subchapter:
(1) Negligence in the performance of duty;
(2) During the period of employment, a felony or gross misdemeanor conviction, any conviction involving moral turpitude, or any conviction based on abuse or misuse of employment powers, duties or responsibilities;
(3) Insubordination, including, but not limited to: refusal to obey a lawful order which a superior is entitled to give and have obeyed; refusal to do assigned work which thereby causes, or is likely to cause loss or injury to the city or to the public; or, failure to observe legal or administrative policies, standards, and procedures specifically including local, state and federal safety and equal employment opportunities, duties and responsibilities;
(4) Inducing or attempting to induce an officer or any employee of the city, including employees otherwise excluded from this code of conduct, to commit an unlawful act, or to act in violation of any lawful and reasonable administrative rule or order;
(5) Possession or use of intoxicating substances or narcotics while on duty without a prescription from a licensed physician;
(6) Carelessness or negligence in the handling or control of city property;
(7) Being habitually tardy or being absent from work without permission;
(8) Dishonesty in the performance of employment duties and responsibilities;
(9) Use of city time, equipment, or information for outside employment or any other personal benefit, except to the extent authorized by the personnel manual;
(10) Sexual harassment, discrimination, or engaging in verbal abuse or violation of the city's personnel policy dealing with such matters;
(11) Violation of city policies, or other good and sufficient reasons as determined by the Clerk/Treasurer;
(12) Making false or misleading or slanderous statements about city employees or officers.
(Ord. 09-02, passed 5-12-09)