§ 2-36. Separation from employment.

(a)

Termination of non-civil service employees. As an at-will employer, the city has the right to terminate an employee's employment with or without cause. A regular employee who is recommended for termination shall be entitled to a pre-termination hearing with the city manager. The employee's department head shall submit a written statement to the city manager indicating the reasons for recommending termination. A copy of such statement shall be immediately forwarded to and made a part of the employee's permanent personnel record. Employees recommended for termination shall be suspended without pay pending the pre-termination hearing determination of the city manager. The city manager's decision shall be final.

Immediate dismissal .

In some case, the immediate dismissal of an employee may be necessary. A department head may recommend the immediate dismissal of an employee for serious misconduct or violations of the city's policies when the nature of the offense warrants such action.

The following offenses may be grounds for immediate dismissal, including but not limited to:

(1)

Misappropriation of funds or theft; willful damage or unauthorized use of city equipment, tools, machines, supplies, or other property.

(2)

Falsification of official city records.

(3)

Inciting or engaging in strikes or riots during working hours involving the city. However, employees may engage in any peaceful protest during off-work hours.

(4)

Flagrant insubordination (e.g. blatant refusal or deliberate failure to follow a reasonable, specific instruction of, or abusive conduct toward a supervisor)

(5)

Conviction or pleading no-contest to any felony charge or misdemeanor involving moral turpitude or relating to the employee's job responsibilities.

(6)

Attending or performing work under the influence of alcohol or unauthorized drugs.

(7)

Possession of weapons (except for authorized personnel) or explosive materials on city property.

(8)

Possession of alcoholic beverages or unauthorized drugs on city property, during business hours, or while wearing a city uniform, even during off-duty hours.

(9)

Any proven instance of an employee using his/her position with the city to demand any special favor, kickback or benefit from any individual or entity for personal gain.

(10)

Failure to follow safety guidelines that result in an accident and/or injury to the employee, other people, and/or damage to city property.

(11)

Failure to meet minimum state certification standards and/or licensing standards within the time limit prescribed by state statutes.

(12)

Fraud in securing employment, promotions, employee benefits and compensation.

(13)

Harassment or discrimination of any employee, contractor, vendor or member of the public, whether based on sex or some other protected characteristic under the law.

(14)

Engaging in acts of violence (both physical and verbal) while on city property or on duty.

(15)

Any three (3) documented instances of counseling and/or other disciplinary action within a twelve-month period.

(16)

Any other just cause, as determined by a department head with approval of the city manager.

(b)

Removal of civil service employees. The grounds for dismissal or suspension of any civil service employee are listed in the city's civil service rules. Additionally, civil service employees who are convicted or receive deferred adjudication of a felony shall be terminated and shall not be entitled to a hearing before the civil service commission or a hearing examiner, in accordance with the city's civil service rules.

(c)

Layoffs. The city manager may determine a layoff of employees is necessary based on the city's operational and financial situation. Employees subject to layoffs shall not be entitled to a pre-termination hearing but shall be eligible for COBRA benefits and remain eligible for re-employment with the city.

(d)

Voluntary resignation. In order to resign in good standing, an employee shall submit a written notice of resignation to his/her department head at least two (2) weeks prior to the effective date of resignation. The department head shall forward the notice of resignation to the city manager, along with a final evaluation of the employee's performance.

Police officers who have previously voluntarily resigned in good standing from the city may be reappointed as a police officer at the discretion of the police chief and in accordance with the city's civil service rules.

An employee who provides less than two (2) weeks' notice of a voluntary resignation, without justifiable cause, will not be considered as having resigned in good standing and shall not be eligible for re-employment with the city. Similarly, employees who resign in lieu of termination will not be considered having resigned in good standing and shall also be barred from re-employment with the city.

(e)

Retirement. An employee may elect to retire and shall receive all retirement benefits earned under the city's approved retirement plan with the Texas Municipal Retirement System, to the extent the employee qualifies for such benefits. Generally, vested employees are eligible to receive retirement benefits upon reaching the age of sixty (60) years or completing twenty (20) years of applicable service.

(f)

Exit interview. By the last working day of employment, a regular employee who resigns or is laid off may be asked to complete an exit interview.

(Ord. No. 2018-27, § 1, 10-2-2018)