An employee may be suspended or dismissed for cause, including
but not limited to any of the following causes:
A.
The employee is incompetent or inefficient in the performance of
his or her duties.
B.
The employee has been wantonly careless or negligent in the performance
of duty.
C.
The employee has been offensive in treatment of the public, fellow
employees or other persons.
D.
The employee has violated any lawful regulation or order or failed
to obey any lawful direction given by the employee's superior.
E.
The employee has taken a fee, gift, or other valuable thing in the
course of his or her work or in connection with it, when such a fee,
gift, or other valuable thing is given by any person or organization
in the hope and expectation of receiving a favor or better treatment
than that accorded other persons.
F.
The employee has been convicted of a criminal offense.
G.
The employee through negligence or willful conduct has caused damage
to public property or waste of public supplies.
H.
The employee has been late or absent from work on an excessive number
of occasions without justifiable cause.
I.
The employee's driver's license has been suspended or revoked and
the employee's duties require his or her operation of a motor vehicle,
or the employee has knowingly operated a motor vehicle while his or
her driver's license was suspended or revoked.
J.
The employee has been guilty of other misconduct or insubordination.
[Amended 6-4-1980 by Ord. No. 80-29]
A.
A department head may suspend an employee for cause for a period
of not more than five days, provided that such suspension, together
with all other suspensions imposed during the same calendar year,
does not exceed 30 days.
B.
Any suspension for cause other than a suspension falling within the limits of Subsection A hereof shall be imposed only by the City Manager.
C.
Dismissal for cause may be imposed only by the City Manager or by
the Council, provided that, with respect to a department head, a dismissal
for cause by the City Manager shall be effective only if confirmed
by the Council.
[Amended 6-4-1980 by Ord. No. 80-29]
A.
Prior to suspending any employee, a department head shall give an
employee notice of such proposed suspension and shall afford the employee
an opportunity to be heard thereon, which notice may be verbal and
which opportunity to be heard may be informal.
B.
A full written report of such suspension, including the reasons therefor,
shall be given to the employee and a copy thereof placed in the employee's
personnel file.
C.
An employee may appeal such suspension to the City Manager by filing
a notice of such appeal with the City Manager, within two working
days of receipt of written notice of such suspension.
D.
Within seven working days of receipt of such notice of appeal, the
City Manager shall hold a hearing thereon at which the employee and
the department head shall have an opportunity to be heard and to present
facts which they contend support their position.
E.
Within five working days following the conclusion of such hearing
the City Manager shall either affirm, reverse, or modify such suspension.
F.
Pending resolution of such appeal to the City Manager, any suspension
imposed by a department head shall be stayed unless the City Manager
shall otherwise direct.
[Amended 6-4-1980 by Ord. No. 80-29]
A.
A department head who proposes and recommends dismissal or suspension of an employee (other than suspension for the limited period described in § 56-61A hereof) shall prepare in writing a statement of the facts on which such proposed suspension or dismissal is based and shall deliver same to the City Manager and shall provide the employee involved with a copy of same; provided, however, that before doing so the department head shall give the employee notice of his intention to do so and provide the employee with an opportunity to be heard thereon, which notice may be verbal and which opportunity to be heard may be informal.
B.
Within seven working days of receipt of a recommendation for such
suspension or dismissal, the City Manager shall hold a hearing thereon
at which the employee and the department head shall have an opportunity
to be heard and to present facts which they contend support their
positions. The employee shall have the right to be represented by
counsel at such hearing.
D.
The City Manager shall provide the department head and the employee
involved with a copy of his decision and shall cause an additional
copy thereof to be filed in the employee's personnel file.
E.
If the employee involved is a department head, and if the discipline
imposed by the City Manager consists of dismissal, then the City Manager
shall transmit to the Council his findings and conclusions, together
with any other relevant material, as soon as reasonably possible following
the rendering of his decision, with a request for Council action to
confirm such dismissal.
F.
The Council shall act on such proposed dismissal as soon as reasonably
possible following its receipt of the aforesaid material from the
City Manager. The Council may, if it chooses to do so, give the employee
an opportunity to be heard thereon and may, if it deems it advisable
to do so, receive additional evidence which it considers necessary
or advisable for resolution of the matter.
[Amended 6-4-1980 by Ord. No. 80-29]
A.
If the Council determines to institute proceedings for the possible
removal of an employee for cause, it shall first serve notice thereof
on the employee, stating the grounds for the proposed removal and
advising the employee that a hearing thereon will be held before the
Council.
B.
The aforesaid hearing shall be held not less than 15 nor more than
30 days after delivery of the aforesaid notice on the employee, and
the said notice shall specify the date, time, and place of the hearing.
C.
At the hearing before the Council, the employee may be represented
by counsel and City Council may, if it chooses to do so, designate
some person (who may, but need not be, a City official or an attorney
at law) to present the charges against the employee.
D.
Within 30 days following completion of the said hearing, the Council
shall render its decision thereon and shall provide the employee and
the City Manager with a copy of its decision, which shall be adopted
by resolution.
Any suspension imposed as a disciplinary measure pursuant to
the preceding sections of this article shall be without pay.
A.
If the City Manager determines that the seriousness of charges made
against an employee calls for such action, or that for some other
reason the best interests of the City requires such action, he may
suspend an employee, with or without pay, pending any hearing on such
charges and final resolution thereof; provided, however, that if any
such suspension is without pay, all hearings thereon shall be held,
and all decisions thereon shall be made, as expeditiously as possible.
B.
If any employee is suspended without pay pursuant to the provisions
of this section, and if such employee is thereafter exonerated of
the charges against him or her, he or she shall be paid all salary
which had been withheld as a result of such suspension.
[Amended 6-4-1980 by Ord. No. 80-29]
A.
If a complaint has been filed with any court of competent jurisdiction
charging an employee with a crime or if an employee has been indicted
for a crime, the City Manager may suspend such employee, with or without
pay, pending resolution of such charge or indictment; provided, however,
that either before such suspension or as soon as possible after such
suspension has become effective the City Manager shall afford the
employee an opportunity to be heard with respect thereto, which opportunity
to be heard shall include the right to be represented by and/or heard
through counsel.
B.
If any employee is suspended without pay pursuant to the provisions
of this section pending resolution of any criminal charge or indictment
and if such charge or indictment is thereafter dismissed or the employee
is acquitted thereof, such employee shall be paid all salary which
had been withheld as a result of such suspension.
