City of Bowling Green, MO
Pike County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 1713 §§I — II, adopted December 17, 2012, repealed sections 130.790 — 130.810 of article XX "disciplinary procedures" and enacted new provisions set out herein. Former sections 130.790 — 130.810 derived from CC 1996 §§130.790130.810; ord. no. 1030 §1, 12-8-1997.
[Ord. No. 1713 §§I — II, 12-17-2012]
It shall be the duty of all City employees to comply with and to assist in carrying into effect the provisions of the City's personnel rules and regulations. All discipline shall be in accordance with procedures established by the personnel rules and regulations.
Employee's And Supervisor's Responsibilities.
It is the duty of every employee to attempt to correct any faults in their performance when called to their attention and to make every effort to avoid conflict with the City's rules and regulations.
It is the duty of every supervisor to discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action.
[Ord. No. 1713 §§I — II, 12-17-2012]
Disciplinary Action. Disciplinary actions may include:
Demotion; and
Termination of employment.
Grounds For Action. The following are examples of actions which may be grounds for warning, demotion, suspension or termination of any full-time or regular employees:
Conviction, plea of guilty or finding of guilty of a felony;
Acts of incompetency;
Absence without leave;
Acts of insubordination;
Intentional failure or refusal to carry out instructions;
Misappropriation, destruction, theft or conversion of City property;
Employee subsequently becomes physically or mentally unfit for the performance of their duties;
Acts of misconduct while on duty;
Willful disregard of orders;
Habitual tardiness and/or absenteeism;
Falsification of any information required by the City;
Failure to promptly report accidents, personal injuries or damage to City equipment;
Negect or carelessness resulting in damage to City property or equipment;
Conviction, plea of guilty or a finding of guilty of a misdemeanor, ordinance violation or traffic charges depending on the nature, frequency or severity of the offense;
Introduction, possession or use on City property or in City equipment of illicit drugs, intoxicating liquors, or proceeding to or from work under influence of same;
Inappropriate conduct or treatment of the public;
Sexual harassment;
Acts of discrimination on the basis of age, race, gender, religion or disabilities;
Willful disregard to City approved individual department standard operating guidelines or procedures.
This is not intended to be an all-inclusive list. Other actions which could constitute grounds for disciplinary action may be reviewed by the City Administrator as deemed necessary.
Employee Notice. A written notice shall be given to each employee stating the reasons for the disciplinary action and the date it is to take effect. The notice is to be given to the employee at the time such disciplinary action is taken, and in any event not later than three (3) working days from date of the disciplinary action. A copy of notice signed by the employee and placed in the employee's file shall serve as prima facie evidence of delivery, or in lieu thereof a signed statement by the City Administrator that the employee refused to sign said notice.
The written notice may be initiated by the City Administrator or the employee's department head with the City Administrator having prior knowledge of the action.
[Ord. No. 1713 §§I — II, 12-17-2012]
Probationary Employees. Any probationary employee may be suspended, reduced in pay or class, or terminated at any time by the Mayor and/or City Administrator. Probationary, temporary, seasonal, or part-time employees shall not have the right of appeal from such action.
Full-Time Or Regular Employees. All full-time or regular employees holding positions in the service of the City may be suspended for a period of not more than thirty (30) working days, reduced in pay or class, or terminated by the Mayor and/or City Administrator.
Right Of Appeal. An employee may, within ten (10) days of the notification, appeal in writing to the City Clerk for a hearing before the Board of Aldermen which shall be conducted in an informal manner with the City and employee being allowed to have witnesses present and the employee having the right to counsel, at their own expense, if desired. The hearing shall be closed for the employee's privacy unless the employee requests the hearing be open, which, in either case, the matter will be placed on a meeting agenda.
Decision Of The Board Of Aldermen. Upon hearing the appeal, the Board shall immediately thereafter decide by a majority vote to either uphold or set aside the termination decision. If there be a tie vote, the decision to terminate shall stand.