§ 3.16.120. Discipline.

A.

A permanent status employee may be disciplined when, in the judgment of the appointing authority, the employee's work or misconduct so warrants. The procedures set forth in Sections 3.16.120 and 3.16.150 shall apply whenever disciplinary action is taken against a permanent status employee except cases governed by the Law Enforcement Officer's Bill of Rights as may be amended from time to time, and cases in which an employee elects to pursue a grievance procedure under a collective bargaining agreement.

B.

The following constitute grounds for discipline:

1.

Incompetence, incapacity or inefficiency in performance of duties;

2.

Violation of law, rules and regulations of the personnel system, departmental rules, regulations, orders, policies, or failure to obey any lawful or reasonable direction;

3.

Conviction of a felony or of any offense that negatively impacts the employee's position;

4.

Willful or repeated negligence in performing duties;

5.

Conduct unbecoming of an employee of the City;

6.

Conduct detrimental to the efficiency and morale of the service;

7.

Misuse of public funds or property;

8.

Knowingly falsifying reports or records;

9.

Intoxication, illegal drug use, or possession of drugs or alcohol while on duty;

10.

Violation of the provisions of Chapter 2.08 and Section 3.24.020(C);

11.

Excessive absenteeism.

C.

Upon a finding by the appointing authority that an employee's conduct is prohibited or subject to discipline, the appointing authority may impose reasonable discipline including, but not limited to reprimand, suspension, demotion, transfer or dismissal.

D.

When the appointing authority takes disciplinary action pursuant to this chapter, the appointing authority shall file with the employee and the Human Resources Manager a written notification containing a statement of the reasons for the action.

E.

In cases involving a proposed suspension or dismissal, the appointing authority may place the employee on administrative leave, with or without pay, pending disposition of the proposed disciplinary action. If the appointing authority places the employee on administrative leave pursuant to this Subsection, the appointing authority shall specify the terms of such leave in the notice of the disciplinary action provided under Section 3.16.120(D).

(Ord. O-53-98 § 1 (part); Ord. O-40-97 § 1 (part): Amended during 1997; Ord. O-41-95 § 1 (part): Ord. O-50-85 § 1; Ord. O-4-85 § 1 (part); prior code § 7-15(c), (d), (f))

(Ord. No. O-31-15 Amended, § I, 7-27-2015; Ord. No. O-12-16 Amended, § I, 5-23-2016)