City of Warsaw, MO
Benton County
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Table of Contents
Table of Contents
[Ord. No. 194 §1, 7-20-2015]
A. 
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. No full-time employee shall be disciplined except for violation of established rules and regulations and such discipline shall be in accordance with procedures established by the personnel rules and regulations.
1. 
Employee's, foreman's, and supervisor's responsibilities.
a. 
It is the duty of every employee to report immediately all acts or threatened acts of abuse and misconduct by other employees to their foreman or supervisor. In the case of the foreman, they will report to their supervisor who should investigate and promptly report such actions to the City Administrator who shall then make a decision of the appropriate action to be taken.
b. 
It is the duty of every supervisor and foreman to discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Discipline shall be, whenever possible, of an increasingly progressive nature, the steps of progression being:
(1) 
Warning,
(2) 
Suspension, and
(3) 
Removal.
c. 
It is the duty of every employee to attempt to correct any faults in his/her performance when called to his/her attention and to make every effort to avoid conflict with the City's rules and regulations.
2. 
Grounds for action. The following are declared to be grounds for suspension or removal of any full-time employee:
a. 
Conviction of a felony or other crime involving moral turpitude.
b. 
Acts of incompetence.
c. 
Absence without leave.
d. 
Acts of insubordination.
e. 
Intentional failure or refusal to carry out instructions.
f. 
Misappropriation, destruction, theft or conversion of City property.
g. 
Employee subsequently becomes physically or mentally unfit for the performance of his/her duties.
h. 
Acts of misconduct while on duty.
i. 
Willful disregard of orders.
j. 
Habitual tardiness and/or absenteeism.
k. 
Falsification of any information required by the City.
l. 
Failure to properly report accidents or personal injuries.
m. 
Neglect or carelessness resulting in damage to City property or equipment.
n. 
Repeated convictions during employment on misdemeanor and/or traffic charges.
o. 
Introduction, possession or use on City property or in City equipment of illicit drugs, intoxicating liquors or proceeding to or from work under the influence of same.
p. 
An employee has failed to pay or make reasonable provisions of future payment of just debts to such an extent that such failure is detrimental to the City's reputation.
3. 
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 the date of the action. A copy of the notice, signed by the employee or signed by a witness should the employee refuse to sign the notice, shall be placed in the employee's file as prima facie evidence of delivery.
4. 
Full-time employees. All full-time 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 removed for just and reasonable cause by the employee's department head.
5. 
Evidence. Normally, the deterioration of an employee's conduct is a progressive problem and every effort should be made to reverse this trend as soon as it is apparent. Based on this philosophy, sufficient evidence should be available in the employee's personnel file to justify the action taken.
6. 
Right of appeal. All full-time employees are granted the right of appeal. Within ten (10) days after effective date of disciplinary action, the employee may file a written appeal to the Board of Aldermen.
7. 
Investigation. The Board of Aldermen shall hear appeals submitted by any full-time employee in the City relative to any suspension or dismissal. Parties shall submit a written statement of facts, findings and recommendations to the Board of Aldermen whose actions shall be final and conclusive.
8. 
Informal nature. The hearing shall be conducted in an informal nature and the Board of Aldermen shall make every effort to avoid the appearance of conducting a trial in a court of law.
9. 
Scheduling of appeal. No later than ten (10) working days after receipt of the written appeal, the Mayor shall fix a time and place for convening a hearing.
10. 
Right of representation. The appellant shall have the right to appear and be heard in person or by counsel.
11. 
Appellant fails to appear. Appellant's failure to attend or notice the hearing officer of his/her inability to attend at the hearing will constitute just cause of dismissal of the appeal and imposition of the disciplinary action.