[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
It shall be the duty of all employees to maintain high standards
of conduct, cooperation, efficiency and economy in their work for
the City. Department Heads and Supervisors shall organize and direct
the work of their units in a manner calculated to achieve these objectives.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
Whenever work habits, attitude, production, or personal conduct
of an employee falls below a desirable standard, Supervisors shall
point out the deficiencies at the time they are observed or as soon
as practicable.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
Corrective actions shall at all times be promptly administered,
documented, appropriate to the infraction committed, as determined
by management, and shall never be on account of political considerations,
personal bias, or any factor prohibited by applicable law.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
Any disciplinary action shall be documented. Permanent, full-time
non-probationary employees who shall be discharged or reduced in rank
or compensation shall be presented with written reason for such discharge
or reduction. Eligible employees may appeal disciplinary actions against
them pursuant to the City's grievance procedure.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
Oral and written warnings with reasonable time for improvement and
subsequent review, as deemed applicable by management or supervision,
shall generally precede more severe disciplinary action whenever,
in the judgment of the Department Head or Supervisor, an infraction
is minor and readily correctable.
b.
When an oral warning is given, the Supervisor should explain the
infraction to the employee and indicate corrective measures. The Supervisor
should inform the employee that his or her conduct must improve or
face more severe disciplinary action. The employee is required to
sign an acknowledgment that the oral warning took place. Failure to
sign the warning to acknowledge receipt shall be grounds for additional
disciplinary action. A record of this warning will be placed in the
employee's personnel file and the employee will receive a copy.
c.
A written warning may be used for more serious infractions or in
cases where the same rule has been violated or the same performance
expectation has not been met. The Supervisor should state, in writing,
the nature of the infraction leading to the disciplinary action. The
warning may also include what improvement is expected, the time limit
for this improvement to occur and consequences if the improvement
goal is not met. The employee must read the written warning and sign
it. Failure to sign the warning to acknowledge receipt shall be grounds
for additional disciplinary action. One copy of the warning will be
placed in the employee's personnel file and one copy will be given
to the employee.
[Ord. No. 10516, 9-20-2018; Ord. No. 10733, 11-4-2021; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
A Department Head, including an interim or acting Department Head,
or the Chief Administrative Officer or his or her designee within
the City's Administration, specifically including the City's Assistant
Chief Administrative Officer and the City's Human Resources Manager,
has the authority to suspend, demote, reinstate probation, or terminate
the services of any employee because of:
1.
A reduction in force due to the lack of funds or curtailment of work.
2.
For misconduct, poor performance, lack of ability to safely perform
essential functions, violation of established regulations, procedures
or expectations (written or otherwise), including but not limited
to:
a.
Obtaining materials or leave time based on misrepresentation;
dishonesty; stealing; and other criminal acts.
b.
Conviction of a felony or of a misdemeanor involving moral turpitude.
c.
Abusive, harassing or improper treatment of a citizen, prisoner,
or other individual in the community or on the City payroll.
d.
Violation of any lawful and reasonable departmental or City
rule, regulation, policy, practice or directive.
e.
Destruction or loss of City or private property.
f.
Absence from duty without permission, proper notice, or satisfactory
reason.
g.
Falsifying reports or records.
h.
Insubordination, non-compliance with rules, policies, assignments
or procedures.
i.
Possessing, using or being under the influence of narcotics,
other mind influencing substances, or alcohol on the job or otherwise
violating the City's Substance Abuse Policy.
j.
Incompetence, ineffectiveness, poor performance, inefficiency
or wastefulness in the performance of assigned duties.
k.
Disregard for safety policies or procedures.
l.
Engaging in personal business/other employment while on duty,
using City vehicles or equipment for personal use except as such use
may be specifically authorized by City Council.
m.
An unsatisfactory attendance record.
n.
Gambling on City property.
o.
Theft or unauthorized use or removal of City or employee property.
p.
Unauthorized possession or use of a dangerous weapon. A dangerous
weapon, shall include, but not be limited to, handguns, firearms,
explosives, knives, simulated firearms operated by gas or compressed
air, slingshots, sand clubs, metal knuckles, dangerous chemicals and
other weapons further defined by Missouri statute and/or City Ordinance.
Unauthorized possession or use of a dangerous weapon shall include
specifically the wearing, transporting, storing, using, brandishing
or carrying of a dangerous weapon of any type, concealed or unconcealed,
upon the property of the City, regardless of whether the employee
is licensed to carry the dangerous weapon. Unauthorized possession
or use also includes carrying a dangerous weapon of any type outside
of the City's property while acting within the course of employment,
regardless of whether the employee is licensed to carry the weapon.
Employees may not carry any dangerous weapon while performing any
task on behalf of the City or while attending any function on behalf
of the City. No dangerous weapon shall be allowed on or within any
City-owned vehicle or personal vehicle being used to conduct any business
on behalf of the City. This prohibition against unauthorized possession
or use of dangerous weapons is not applicable to the use or possession
of weapons by law enforcement personnel in accordance with the policies,
procedures and directives of the City's Police Department or the use
or possession of an object which may be a dangerous weapon, such as
a knife or dangerous chemical, incident to performance of duties in
the course and scope of an employee's employment with the City.
q.
Threatening or coercing employees or Supervisors.
r.
Reasonable suspicion of the commission of a criminal act occurring
on or off the job which relates to job performance or of such a nature
that continuation of employment in the assigned position could affect
job performance or could constitute negligence in regard to the City's
duty to the public.
s.
Using public employment for private gain.
t.
Reasonable suspicion of engaging in dishonest or immoral conduct
on or off the job that undermines the effectiveness of the City's
activities or affects relations with other City employees or residents.
u.
Failure or refusal to perform an assigned task.
v.
Any conduct which involves harassment or discrimination under
any State or Federal law or which constitutes inappropriate conduct
under the City's Equal Employment Opportunity, Anti-Harassment and
Non-Discrimination Policy.
w.
Inability to perform all essential job functions, with or without
reasonable accommodation, or inability to safely perform all essential
job functions, consistent with all Federal and State requirements
under applicable disability discrimination laws.
x.
Unauthorized disclosure of confidential information or protected
health information.
b.
The above are examples only of grounds for severe disciplinary action
and are not intended to be all inclusive. In addition, such provisions
apply only to classified, permanent, full-time employees who are not
serving any type of probationary period. All other employees are employed
at will and may be terminated at any time for any reason, with or
without prior notice.
c.
Except for probationary, part-time or temporary employees, a Department
Head shall not discharge any employee without first having suspended
the employee, without pay. In such event, the Department Head should
notify the employee that the employee is being suspended with intent
to discharge following a review period. Upon such notice, the employee
must return all City property in the employee's possession to his
or her Supervisor or Department Head.
d.
Any suspension, demotion, reinstatement of probation or termination
of a law enforcement officer as a result of a complaint shall be handled
in accordance with § 590.502, RSMo.
