(A) Ordinarily, termination of employment with the county may occur under five general conditions. They are:
(1) Voluntary termination. The county recognizes the right of any individual to terminate his or her employment with the county, at will, for any reasons with or without explanation. A minimum of a two-week (14 calendar days) notice is required by the county in the case of voluntary termination. If the employee is in new-hire probationary status and has not gained regular status or fails to provide and work (or utilize approved leave) the two-week notice to the county then he or she will not receive payment for accumulated annual leave.
(2) Disciplinary termination. The county may terminate the employment of any individual in accordance with the policy defined under § 33.024.
(3) “For cause” termination.
(a) The county may terminate the employment of any individual who, by his or her conduct:
1. Demonstrates a flagrant disregard for the policies established in this chapter;
2. Engages in acts of violence, dishonesty, breach of trust, moral turpitude or other acts which demonstrate a flagrant disregard for the duly established laws of the county, state and other duly recognized legal entities; or
3. Demonstrates gross incompetence or gross negligence in performing the duties and responsibilities required by the position held by the individual.
(b) In general, “for cause” termination applies to conditions or situations of such import that reason would clearly indicate that the retention of the individual would be a continuing detriment to the reputation, efficacy and/or operating capability of the county.
(4) Financial exigency termination. The county may terminate the employment of any individual whose position is dependent upon funding by an agency other than the county wherein funding is declined, withheld or withdrawn either by the action of the Council or by the action of the agency who has the legal authority to withhold or withdraw the funding. This provision applies to departments, divisions, programs or any other entity affected by the exigency. The county may also terminate the employment of any individual whose position is funded by the county’s general revenue funds, but where funding for the position is eliminated, redesignated, withheld or withdrawn by action of the County Council because of financial exigency.
(5) Layoff or reduction in work force termination. The county may terminate the employment of an individual when financial exigency, reallocation of resources, job obsolescence or other conditions necessitates or warrants a layoff or reduction in the county work force, in an event the layoff or reduction shall take place in accordance with the policy defined under § 33.027.
(6) Job Abandonment. Unexcused absence of three or more days will be considered job abandonment which may result in termination. The only exception to this will be with the approval of the County Manager based upon a recommendation from the department director.
(B) Although an employee may be placed in a nonpay status by any of his or her superiors, the termination of an employee shall be effective only after approval by the employee’s department director and subject to the review of the County Manager, as outlined in § 33.024(B)(4).
(‘77 Code, § 13-36) (Ord. 1584, passed 9-17-84; Am. Ord. 5288, passed 10-17-88; Am. Ord. 1214, passed 5-5-14; Am. Ord. 3217, passed 6-19-17; Am. Ord. 3918, passed 8-20-18; Am. Ord. 2823, passed 5-1-23)