§ 2-425.31. Corrective actions.

The city believes that a clearly defined corrective action policy will serve to promote fairness and equality in the workplace, and will minimize potential misunderstanding between employees and supervisors over corrective measures. Furthermore, the city believes that certain basic principles must be consistently applied in order to effectively and fairly correct inappropriate job performance and behavior:

A.

Employees shall be advised, within reason, of expected job performance and behavior, the types of conduct that the city has determined to be unacceptable, and the usual penalties for unacceptable job performance or behavior;

B.

Immediate attention shall be given lo inappropriate job performance or behavior infractions;

C.

Corrective action shall normally be applied uniformly and consistently, and each offense shall be dealt with as objectively as possible;

D.

Corrective action should normally be progressive in nature, but need not be depending upon the severity of conduct by the employee, as determined by the city; and,

E.

An employee's department head shall normally be responsible for any corrective action. The city administrator shall be permitted input regarding the appropriateness of suspensions, demotions, or removals. The city special attorney shall be permitted input, when the city is considering the termination of an employee.

The city has adopted this policy as a guide for the uniform administration of corrective action. It is not; however, to be construed in any way as a limitation of the city's rights when dealing with inappropriate job performance or behavior. This progressive corrective action policy shall not affect the city's ability to terminate an at will employment relationship.

This policy provides standard penalties for specific misconduct; however, the examples of specific misconduct provided are not intended to be all inclusive, but to merely serve as a guide. The standard corrective measures provided in this policy do not preclude the application of more or less severe measures for a given infraction when such is deemed appropriate by the city, in its sole discretion.

Repeated violations of the same policy, violations of more than one policy in a single act, or violations of different rules at different times shall result in accelerated or compound corrective action.

The following apply to all employees who are covered by this Personnel Policy Manual. Police and telecommunicates are also covered by separate standards of conduct for their department.

The following are the definitions and examples of what the city has chosen to refer to as Group I, II, and III Offenses:

Group I Offenses may be defined as those infractions which are of a relatively minor nature and which cause only a minimal disruption to the operations of the city in terms of a slight, yet noticeable, decrease in productivity, efficiency and/or morale. Group I Offenses, if not addressed with corrective action, will usually have a temporary or minor impact, unless such acts are compounded over time.

Group II Offenses may be defined as those infractions which are of a more serious nature, and which, in turn, cause a more serious and longer lasting disruption to the operation of the city in terms of decreased productivity, efficiency and/or morale. Group II Offenses, if not addressed with corrective action, can have a more serious and longer lasting impact than the Group I Offenses.

Group III Offenses may be defined as those which are of a very serious or possibly criminal nature, and which cause a critical disruption to the operation of the city in terms of decreased productivity, efficiency, and/or morale. Group III Offenses, if not addressed with corrective action, may have a long lasting and seriously adverse impact on the city.

Group I Offenses
(Examples of, but not limited to, the following)

First Offense	Written instruction and cautioning
Second Offense	Written reprimand
Third Offense	Up to a three (3) work day suspension without pay
Fourth Offense	Termination or demotion

 

l.

Failure to report to work when scheduled (tardiness).

2.

Failure to commence duties at the beginning of the work period, or leaving work prior to the end of the work period.

3.

Leaving the job or work area during regular working hours without authorization.

4.

Making preparation to leave work without specific prior authorization before the lunch period, for any official break time, or before the specified quitting time.

5.

Leaving post of continuous operations prior to being relieved by another employee.

6.

Neglect or carelessness in use of time clocks, time sheets, weekly work records, or signing in or out.

7.

Creating or contributing to unsanitary or unsafe conditions, or neglect or carelessness in observance of city safety rules.

8.

Use of profane or abusive language (during conversation and not directly at anyone in particular).

9.

Acting or speaking in a discourteous manner toward a fellow employee or members of the public, while on duty.

10.

Intimidating, coercing, or otherwise interfering with subordinates or other employees.

11.

Failure to cooperate with other employees as required by job duties.

12.

Failure to exercise reasonable care in the use of city property and equipment.

13.

Excessive use of personal mobile phones, while on duty.

14.

Excessive personal use of internet, while on duty.

15.

Failure to observe departmental rules and regulations.

16.

Failure to comply with city policy and procedure.

17.

Failure to behave in a professional manner when dealing with the public.

18.

Failure to make required reports.

19.

Failure to notify the city in writing of change in personal information or beneficiary designation change within thirty (30) days of the same.

20.

Disregarding job duties by neglect of work, or reading for pleasure during working hours.

21.

Unsatisfactory work or failure to maintain required standards of performance.

22.

Excessive use of the telephone for other than business purposes.

23.

Violation of city purchasing policy.

24.

Unauthorized presence on city property.

25.

Excessive amount of visitors at the workplace.

26.

Computer use for pleasure and/or entertainment during working hours.

27.

Incompetence or inability to perform required duties.

28.

Failure to promptly report related accidents and or injuries/illnesses.

29.

Failure to maintain a satisfactory attendance record.

30.

Unauthorized posting or removal of notices or signs from city bulletin boards.

31.

Failure to report wrongdoing of other city employees.

Group II Offenses
(Examples of, but not limited to, the following)

First Offense	Written reprimand
Second Offense	Three (3) work day suspension without pay
Third Offense	Termination or demotion

 

1.

Unauthorized sleeping during scheduled working hours.

2.

Reporting for work or working while unfit for duty.

3.

Unauthorized use of city property and equipment.

4.

Performing private work on city time.

5.

Willful failure to follow proper sign in or sign out procedures when required.

6.

Obligating the city for any expense, service, or performance without authorization.

7.

Failure to report for scheduled duty.

8.

Willful disregard of city rules.

9.

Unauthorized absence from work.

10.

Failure to report off work for any absence.

11.

Signing or altering another employee's time card or time sheets (excluding official entries by supervisory staff or administrative staff in the performance of their duties).

12.

Any off-duty conduct which impairs the employee's ability to do the job in a satisfactory manner.

13.

Failure to pay just debts due or owing, including taxes, licenses, utility bills, fees, or fines due to the city, or failure to make reasonable provision for the future payment of such debts, thereby causing annoyance and/or embarrassment to the city and/or superiors of the employee.

14.

Excessive abuse of sick leave privileges.

Group III Offenses
(Examples of, but not limited to, the following)

First Offense

Up to and including termination

 

1.

Wanton or willful negligence in the performance of assigned duties or in the care, use, or custody of any city property and equipment. Abuse or deliberate destruction in any manner of city property, tools, equipment, or the property of other employees.

2.

Falsifying testimony or providing false information when incidents are being investigated. Falsifying or assisting in falsifying or destroying any city records, including work performance reports. Giving false information or withholding pertinent information called for in making application for employment.

3.

Making false claims or misrepresentations in an attempt to obtain any city benefit.

4.

Falsification of employment application/resume.

5.

Stealing or similar misconduct, including destroying, damaging, or concealment of any property of the city.

6.

Violation of city policies regarding drug and/or alcohol use; sale, possession or distribution of illegal drugs and/or alcohol while on duty or city property.

7.

Abusing, fighting, or attempting to cause injury to other employees, supervisors, or persons.

8.

Carrying or possession of firearms, explosives, ammunition, or weapons on city property, within city vehicles or equipment, or at city jobsites at any time without prior authorization.

9.

Knowingly concealing a communicable disease which may endanger other employees.

10.

Misuse of city records such as releasing confidential information about employees or the general public without prior authorization.

11.

Dishonesty or any dishonest action. Some examples of what is meant by "dishonesty" or "dishonest action" are: theft, opening desks assigned to other employees without authorization; pilfering through lunch boxes, tool kits, break room refrigerators or other property of the city or other employees without authorization; making false statements to secure an excused absence or to justify an absence or tardiness; making or causing to be made inaccurate or false reports concerning any absence from work; withholding any information that affects the day to day operations of the city from management personnel. The aforementioned serve as examples only and do not limit the terms "dishonesty" or "dishonest action."

12.

Gross insubordination by direct refusal to perform assigned work or direct refusal to comply with written or verbal instructions of a supervisor. No employee will receive corrective action for refusing to perform an explicit unsafe act or an act which is clearly defined as inappropriate within the harassment portion of this policy.

13.

Harassment of another city employee or a member of the general public.

14.

Engaging in any unlawful conduct on city premises, or engaging in any unlawful conduct off city premises (excluding minor traffic violations) which affects the employee's relationship to his or her job or his or her fellow employees.

15.

Unreported unauthorized absence from work of two (2) or more days.

16.

Altering or otherwise falsifying a physician's certificate or other signed statement regarding leave or authorization to return to work.

17.

Use of abusive or threatening language toward supervisors, co-workers, or the general public.

18.

Failure to report driver's license suspension, D.U.I., or drug conviction.

19.

Having alcohol in one's system at work, being in possession of, or drinking, alcoholic beverages on the job. Having illegal drugs or narcotics not prescribed for the employee in the employee's system while at work.

20.

Inducing or attempting to induce any officer or employee in the municipal service to commit an illegal act, to act in violation of any law or departmental regulation or order, or to participate therein.

21.

Acceptance of bribery to provide advantage to a potential contractor, vendor, consultant or to a potential employee or current employee in employment related decisions.

22.

Use or attempted use of political influence or bribery to secure advantage in an examination, promotion, wage increase, or other employment consideration.

23.

Unauthorized removal of city records or copies of such from city facilities.

24.

Failure to maintain any license or certification, if possession of such a license or certification is a condition of employment.

25.

Repeated or gross violation of safety rules.

Pursuant to the nature of the offense, corrective action should be of an increasingly progressive nature, the steps of progression being a written letter of caution and instruction, written reprimand, suspension, and termination from employment. In addition to these steps, the city may choose to employ other actions either separately or simultaneously that may include, but are not limited to, demotion or placing the employee on a probationary period. Any corrective action will be documented by the employee's department head, signed or initialed by the employee, and included in the employee's personnel file.

1.

Written letter of cautioning and instruction: An employee shall normally receive a written letter of cautioning and instruction for the first Group I Offense. This action is normally taken by the employee's department head.

2.

Written reprimand: An employee shall normally receive a written reprimand for a second violation of a Group I Offense or for their first violation of a Group II Offense. This action is normally taken by the employee's department head.

3.

Suspension: An employee shall normally receive a suspension for a third violation of a Group I Offense or for their second violation of a Group II Offense. Suspensions and the length thereof shall be recommended by the department head and approved by the city administrator.

i.

An employee may be suspended for an indefinite period when the department head and city administrator determines such action is necessary and in the best interests of the city in cases where an employee is charged and awaiting trial for a criminal offense involving matters apparently prejudicial to the reputation of the city.

ii.

When an employee has acted or is alleged to have acted in a manner which would normally result in termination of employment, the employee may be suspended while such charges are investigated.

iii.

An employee may be suspended for a definite period of time for specific reason (1—3 days). The duration of the employee's suspension will be recommended by the department head and approved by the city administrator pursuant to legal review.

4.

Termination: Termination of a regular full-time employee should be recommended in cases involving recurring disciplinary offenses of either Group I or Group II Offenses or a single offense involving a serious breach of discipline as outlined in Group III. Termination shall be recommended by the department head and approved by the city administrator. The termination action shall be reviewed by the city special attorney prior to the completion of the action. A pre-disciplinary meeting, as detailed in Policy Number 7.3, is required prior to the approval of the termination.

(Ord. No. 72-2011, § I(Exh. A), 12-20-2011; Ord. No. 35-2013, § I, 8-20-2013)