Chapter 10 - Discipline and Termination

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Chapter 10-Discipline and Terminations.

10.1  Discipline.

(a)  The City expects all employees to exercise good judgment, loyalty, common sense, dedication, and courtesy to perform their duties.  The primary mission of every employee is to provide courteous, orderly, efficient, and economic delivery of services to the citizens of the City.

(b)  Acts, errors, or omissions, which discredit the public service or impair the provision of orderly services to the citizens of the City may result in discipline, including termination.

(c)  The Mayor, department head or supervisor has full discretion and authority to impose disciplinary action under City policy and the circumstances of the case.

(d) If an employee has not committed a serious offense but engages in behavior that requires discipline, the City will use the following disciplinary action, depending on the situation. The City does not guarantee that any or all of these actions will be used prior to termination if, in the discretion of the Mayor, termination is warranted.

1.  Oral Warning.  An oral warning is a counseling session between the employee’s supervisor and the employee on the subject of the employee’s conduct and performance, or his/her failure to observe a rule, regulation, or administrative instruction.  It should increase an employee’s efficiency and value to the City by changing the employee’s conduct, attitude, habits, or work methods.  Following the counseling session, the supervisor shall document the oral warning.

 2.  Reprimand.  A reprimand is a formal written disciplinary action for misconduct, inadequate performance, or repeated lesser infractions.  Written reprimands are placed in the employee’s personnel file.

 3.  Suspension.  A suspension is a temporary, unpaid absence from duty that may be imposed as a penalty for significant misconduct or repeated, lesser infractions. A suspension is a severe disciplinary action, which the City makes part of the employee’s permanent record.  The City shall provide all written documents to an employee.

(e)  The City may suspend an employee with pay, when the City places an employee on administrative leave, pending the results of any investigation or disciplinary action where factors such as public confidence, the safety of the employee or the efficient functioning of the City call for suspension.

10.2 Termination.

(a)  The City will immediately terminate any employee who commits a serious offense.  The City defines the following type of behavior as a serious offense. 

          (1)  Conviction of a felony;

          (2)  Sexual or other unlawful or unwelcome harassment or discrimination;

          (3)  Intentionally causing bodily harm to another employee;

          (4)  Theft or vandalism of City property;

         (5)   Falsification of City records;

          (6)  Reporting to work under the influence of alcohol or illegal drugs.

          (7)  Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace;

          (8)  Gross negligence or improper conduct leading to damage of City-owned property;

          (9)   Gross insubordination;

          (10)  Using threatening language; and

         (11)  Any other behavior that the Mayor, in his/her discretion, determines to be a serious offense.

 (b)  The following may result in termination from City employment:

(1)  Violation of a City policy, unless the policy has been made inapplicable by notification from the Mayor, as set forth on page one.

(2)  When the City Council determines that a lack of work or funding exists regarding the employee’s position.

(3)  If the employee has a physical or mental impairment that prevents him/her from performing the required duties of the employee’s position and the employee cannot be reasonably accommodated. Termination must be supported by medical evidence, which establishes that the individual cannot perform bona fide job requirements. The City may require an examination at its expense performed by a physician of its choice. Failure to submit to such request may cause termination.

 

(c)  The City does not intend for the two, preceding sections to be a list of all reasons for which termination may occur. The City reserves the right to terminate any employee at will.

 10.3  Layoff.

(a)  The City may lay off employees for lack of work, budgetary restrictions or other changes that have taken place.

(b)  The City will lay off temporary employees or employees who have not completed six months of employment before other regular employees.

(c)  In determining who is laid off, the City will consider individual performance and the qualifications required for remaining jobs.  When performance and qualifications are equal, the City may consider seniority.

(d)Employees laid off may be eligible to be re-employed if a vacancy occurs in a position for which they are qualified.

 10.4 Resignation.

An employee should provide a two-week notice of resignation. This time limit may be waived by the employee’s department head or by the Mayor.

10.5 Death.

Upon death of an employee, all compensation due shall be paid to the surviving spouse/domestic partner/dependents or the estate of the employee.

Exit interviews.

(a)  Purpose.  The City will provide each departing employee with the opportunity to provide the City with feedback regarding their employment.  The City sees the Exit Questionnaire not only as a way to understand the reason(s) for an employee’s departure, but as a way to identify trends, improve employee retention, ascertain levels of employee satisfaction, and reduce turnover.

(b)  Policy.  The City will provide a departing employee with an Exit Questionnaire.  The departing employee shall complete and return the Exit Questionnaire form to the Mayor.  The employee may schedule a face-to-face-interview with the Mayor.