§ 2-34. Discipline.

(a)

Statement of Policy. The city believes in treating its employees fairly and honestly. Violations of the city's policies, safety rules, procedures, or performance standards, including continuing performance and conduct problems, may require formal disciplinary action. Disciplinary action may include, but is not limited to: a verbal warning, written counseling, demotion, transfer, suspension with or without pay, and termination from employment.

The city may discipline and discharge employees for conduct which is not covered by this policy manual or other written rules, but which is adverse to the interest of the city and/or other employees.

(1)

Grounds for disciplinary action. The following non-exhaustive list of offenses will constitute grounds for disciplinary action:

A.

Tardiness/absenteeism;

B.

Abuse or misuse of sick leave policy;

C.

Insubordination;

D.

Misconduct;

E.

Dishonesty;

F.

Unprofessional or discourteous conduct with other employees and/or the public;

G.

Interference with the job performance of other employees;

H.

Malicious gossip;

I.

Deviating from city or departmental policies;

J.

Incompetence/performance deficiencies;

K.

Neglect of assigned duties and responsibilities;

L.

Unauthorized absence without leave;

M.

Failure to follow established safety guidelines;

N.

Gambling on city property or while on duty; and

O.

Distribution of literature or solicitation for any cause during working hours without authorization.

(2)

Written counselings. Employees who exhibit substandard work or violate policy may receive a written counseling. Written counselings do not require approval of the city manager and will be administered in the following manner:

A.

The supervisor performance; the period of time in which the necessary improvements must occur; the disciplinary action that may result if the employee fails to show permanent satisfactory improvement; and the employee grievance procedure.

B.

The employee will be given the opportunity to respond to the supervisor's remarks.

C.

The supervisor shall record the counseling in writing, which shall be signed by the employee and supervisor and maintained in the employee's permanent file. If the employee refuses to sign, the supervisor shall have a witness sign that a copy was given to the employee.

(3)

Other discipline—Demotions, transfers, suspensions and terminations. If an employee fails to improve substandard work or other deficiencies or commits an offense that constitutes grounds for more serious disciplinary action, the employee's department head shall explain the deficiencies noted in the employee's recommend disciplinary measures to the city manager, or designee, for approval.

Depending on the particular circumstances surrounding an offense, the following disciplinary measures may be used:

• Disciplinary suspension. With the approval of the city manager, a department head may suspend an employee without pay. No disciplinary suspension shall exceed thirty (30) days in a consecutive twelve-month period. Following completion of the suspension period, the employee will be automatically reinstated to his/her previous or equivalent position.

• Other suspension. During the investigation, hearing, or trial of an employee on any job-related civil or criminal charge, an employee may be suspended with or without pay for the duration of the proceedings upon recommendation by the department head and approval of the city manager. Upon conclusion of the proceedings and the issuance of a final determination, the city manager shall take appropriate action, which may include termination or reinstatement with or without back pay and allowances if warranted.

• Disciplinary demotion . A permanent demotion due to discipline may only be made in accordance with these policies.

• Transfer. A transfer may be made only if a vacancy exists and/or if it is deemed in the best interest of the city.

(4)

Notice to employee. At the time disciplinary action is recommended, the supervisor must advise the employee of the following:

A.

The consequence of failing to improve as expected and/or the severity of the offense.

B.

The recommended disciplinary action to be taken, subject to the city manager's or designee's approval.

C.

The effective date of such discipline, if approved.

D.

The grievance procedure.

The supervisor shall document the disciplinary process in the same manner as required for written counselings.

(5)

No right to progressive discipline. The city reserves the exclusive right to use any of the foregoing disciplinary measures depending upon the frequency and seriousness of any rule violation or misconduct, including termination without previous warning or discipline. Employees shall have no right or expectation of the use of disciplinary measures in any particular order, nor does the use of progressive discipline alter an employee's at-will relationship with the city.

(b)

Disciplinary actions and appeal procedure—Civil service employees.

(1)

Suspensions. The city's civil service rules lists the grounds for which a civil service employee may be dismissed or suspended. In the case of a disciplinary suspension, the city's civil service rules shall govern.

Civil service employees who are charged with a criminal offense shall be subject to discipline by their department head and may be suspended in accordance with the procedures in the city's civil service rules.

(2)

Appeals and hearings. Per the city's civil service rules, civil service employees may appeal the following disciplinary matters:

A.

Indefinite suspension;

B.

Temporary suspension;

C.

Demotion; and/or

D.

Promotional pass over.

Appeals and disciplinary hearings, including those before hearing examiners, shall proceed in accordance the city's civil service rules.

(Ord. No. 2018-27, § 1, 10-2-2018)