CHAPTER 4 DISCIPLINARY AND GRIEVANCE POLICIES

Chapter 4
DISCIPLINARY AND GRIEVANCE POLICIES

Article 2 Disciplinary Standards and Procedures.

Article 3 Disciplinary Appeals and Hearings.

Article 4 Grievance Appeals and Hearings.

8600 Purpose.

This Chapter provides for a portion of the implementing rules and standards pertaining to the organization, maintenance, modification, and administration of the Career service.

Specific Authority: Chap. 2.72 MMC; Resolution No. 2014-06

History: New 1/2014.

8601 Definition.

As used in this Chapter, "Personnel action" or "Action" means reduction of pay rate in class, suspension, demotion, or dismissal of an employee holding permanent status in the Career service, and does not include any of the following: employee performance evaluations stating the need for improvement; transfer to compensate for performance deficiencies; transfer to a position at the same rank and pay, without a finding of wrongdoing; denial or postponement of a merit or step increase in pay; removal from a promotional position during the probationary period when removal is based on unsatisfactory performance and similar actions that are non-punitive in nature; reassignment with no accompanying loss of pay.

Article 2. DISCIPLINARY STANDARDS AND PROCEDURES

8610 Filing Complaint Against An Employee.

The employee’s appointing authority may file a personnel action complaint with the City Manager against an employee, or the City Manager may initiate the action.

8611 Status of Employee.

When a personnel action against an employee is issued, the action shall become effective at the time specified by the appointing authority or City Manager in the order of personnel action.

8612 Causes of Personnel Action.

Each of the following constitutes just cause for a personnel action against an employee:

(a) Addiction to controlled substances;

(b) Any failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the city or to his employment;

(c) Conviction of a felony or conviction of a misdemeanor which is of such a nature as to adversely affect the employee’s ability to reliably perform the duties and responsibilities of his position; provided, however, that a plea of guilty, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this Section;

(d) Dishonesty or personal use of city property;

(e) Disobedience;

(f) Failure to observe chain of command on the job;

(g) Any action to discredit another employee or undermine the rightful authority of another employee, or which could reasonably have been foreseen to discredit another employee or undermine such authority;

(h) Failure to return from an authorized leave of absence;

(i) Fraud in securing appointment;

(j) Improper political activity as governed by the federal Hatch Act or applicable state law;

(k) Incompetence;

(l) Inefficiency;

(m) Inexcusable neglect of duty;

(n) Inexcusable absence without leave;

(o) Insubordination;

(p) Intoxication while on active duty or on designated standby duty;

(q) Outside employment incompatible with city service pursuant to Part 7 of this Title;

(r) Refusal to take and subscribe to any oath or affirmation which is required by law in connection with his employment;

(s) Repeated discourteous treatment of the public or other employees;

(t) Failure to observe the City’s Code of Safe Practices, as provided in Part 1 of this Title, or interfering with others in a manner which undermines health and safety on the job;

(t) Any other good cause warranting discipline.

8613 Disciplinary Guidelines.

In filing a personnel action complaint, the following guidelines will generally be observed, provided, however, such guidelines are not binding and, in appropriate circumstances, the discipline imposed may be more or less than that set forth in this Article. If a circumstance warrants discipline but is not specifically listed, appropriate discipline may be administered within the meaning and intent of this Article.

8614 Progressive Discipline.

(a) First Occurrence: If an employee has not been disciplined for any offense within the previous twenty-four (24) months, the guidelines for a first occurrence will apply. Previous discipline imposed more than twenty-four (24) months ago may also be considered if relevant to the determination under consideration

(b) Second Occurrence: If an employee has been disciplined for any offense within the previous twenty-four (24) months, the guidelines for a second occurrence will apply.

(c) Third Occurrence: If an employee has been disciplined for any offense two or more times within the previous twenty-four (24) months, the guidelines for a third occurrence will apply.

(d) When determining whether an employee has been disciplined within the previous twenty-four (24) months, the operative date is the date of the employee’s signature acknowledging receipt of personnel action. If the employee refused to sign for acknowledgment of receipt of personnel action, the operative date is the date of that refusal, as noted on the personnel action form.

8615 Table of Progressive Discipline.


Conduct	1st Occurrence	2nd Occurrence	3rd Occurrence
Failure to perform assigned duties	Written reprimand	1 – 5 days suspension w/o pay	6 – 10 days suspension or dismissal
Failure to follow instructions or directions	Same as above	Same as above	Same as above
Failure to observe the City Code of Safe Practices	Same as above	Same as above	Same as above
Unproductive use of time	Same as above	Same as above	Same as above
Excessive tardiness or leaving work early	Same as above	Same as above	Same as above
Excessive absenteeism. Abuse of leave time	Same as above	Same as above	Same as above
Unauthorized distribution of printed materials while on duty	Same as above	Same as above	Same as above
Unauthorized solicitation or sales while on duty	Same as above	Same as above	Same as above
Use of profane, obscene or derogatory language to public or co-workers	Same as above	Same as above	Same as above
Sleeping while on duty	Same as above	Same as above	Same as above
Absence w/o authorized leave for 3 consecutive days or less	1 – 5 days suspension w/o pay	6 – 30 days suspension w/o pay or dismissal	Dismissal
Failure to report an injury or accident	Same as above	Same as above	Same as above
Revealing privileged or confidential information to unauthorized persons	Same as above	Same as above	Same as above
Dishonesty	6 – 30 days suspension w/o pay or dismissal	Same as above	Same as above
Insubordination. Refusal to perform work or follow directives; defiance, contempt or antagonism toward supervisor	Same as above	Same as above
Gambling	Same as above	Same as above	Same as above
Negligence	Same as above	Dismissal
Misappropriation of funds	Same as above	Same as above
Fighting or other action interfering with the work of others or the public	Same as above	Same as above
Unauthorized possession of a weapon at work	Same as above	Same as above
Threats, intimidation or harrasment of public or co-workers	Same as above	Same as above
Failure to report mistreatment of the public or co-workers	Same as above	Same as above
Falsification of records	Same as above	Same as above
Destruction or abuse of property owned by the City or co-workers or the public	Same as above	Same as above
Unauthorized use of property owned by the City or co-workers or the public	Same as above	Same as above
Theft of property	Same as above	Same as above
Engaging in activity to commit an offense or slow-down of work or work stoppage	Same as above	Same as above
Committing any offense while supervising others	Same as above	Same as above
Impaired or under influence of alcohol or non- prescription controlled substance	Same as above	Same as above
Use, sale, possession, solicitation or disbursement of alcohol or non-prescription controlled substance	Same as above	Same as above
Conduct unbecoming a public employee, which reflect unfavorably on the City	Same as above	Same as above	Same as above
Absence w/o authorized leave for more than 3 consecutive days	Dismissal
Use or threatened use of a weapon	Same as above
Arrested or charged with any crime related to employment or which implies harm to co-worker or the public	Administrative leave w/o pay until the charge is resolved	Same as first occurrence	Same as second occurrence
Found guilty or entered nolo contendere plea to above charge	Dismissal	Same as first occurrence	Same as second occurrence

8616 Notice of Pre-Disciplinary Hearing Required.

Whenever disciplinary action is proposed against a permanent employee in the Career Service, notice shall be served upon the employee either in person or by certified mail, return-receipt requested, at the last known address on file with the appointing authority, which notice shall include all of the following:

(a) A statement in ordinary and concise language of all the specific facts or omissions upon which the proposed action is based, and that a copy of the materials upon which the proposed action is based is attached or available for inspection upon request;

(b) A statement of the disciplinary action being proposed;

(c) A statement advising the employee of his right to respond to the charges orally or in writing in an informal meeting with the appointing authority in order to refute the charges or present facts which may not be known to the appointing authority;

(d) The date and time of the pre-disciplinary hearing with the appointing authority;

(e) A statement advising the employee of his right to be represented at the informal pre-disciplinary hearing with the appointing authority;

(f) A statement advising the employee that a copy of the written notice shall be filed in the employee’s official personnel record;

(g) A statement advising the employee that if no written response is received by the appointing authority by the time set for the pre-disciplinary hearing, and the employee or his representative fails to participate in the hearing, the appointing authority may proceed to take the proposed disciplinary action and the employee shall be deemed to have waived all rights to hearing or appeal from any action taken against him;

(h) At any time before the appointing authority’s final decision on discipline is made, the appointing authority may file or permit the filing of an amended or supplemental disciplinary notice. If the amended or supplemental notice presents new reasons or charges, the employee will have a further opportunity to respond before the effective date of the discipline.

8617 Notice of Personnel Action Required.

In all cases involving a personnel action taken following the required pre-disciplinary hearing, a copy of the order shall be served upon the employee either in person, or by certified mail, return-receipt requested, at the last known address on file with the appointing authority, which order shall include all of the following:

(a) A statement of the nature of the personnel action;

(b) The effective date of the action;

(d) A statement in ordinary and concise language of all the specific facts or omissions upon which the causes are based; and

(e) A statement advising the employee of his right to appeal the action, of the manner and time within which such appeal must be taken, and of the required content of the appeal notice.

Article 3. DISCIPLINARY APPEALS AND HEARINGS

8630 Time and Manner of Filing Appeal.

An employee against whom an order of personnel action has been filed may, within five (5) calendar days after service of the order, file with the City Manager a request for an appeal hearing or, if the City Manager initiated the personnel action pursuant to Section 8610, a request that the matter be submitted to mediation. The written demand for a hearing shall include:

(a) Specific grounds for review; and

(b) Copies of all materials on which the appeal is based.

8631 Time for Conducting Hearing.

Within ten (10) working days of receipt of a request for hearing, the City Manager shall convene such a hearing, either for the purpose of hearing the employee’s appeal to a personnel action or, if mediation is required pursuant to Section 8630, to appoint or select a mediator.

8632 Selection of a Mediator.

Where a mediator is required pursuant to Section 8630, a mediator may be mutually agreed upon by the parties. If the parties fail to mutually agree upon a mediator, the State Conciliation Service shall be requested to provide a list of names of five (5) mediators from which the parties will select a mediator by the alternate striking of names from the list, beginning with the employee striking first.

8633 Mediation Hearing and Decision.

The mediation hearing shall be a full evidentiary hearing with full due process rights, including the right to present witnesses and evidence, cross examine opposing witnesses, the right to counsel and findings to support the decision.

(a) The mediator shall render a written decision within thirty (30) days of the conclusion of the hearing.

(b) The decision of the mediator shall be provided to both parties simultaneously.

8634 Mediation Decision is Advisory.

Any decision of the mediator shall be advisory to the City Council, meeting in closed session, whose judgment on the disciplinary action shall be final.

8635 Options for the City Council.

Upon review of the mediator’s decision, the City Council may affirm, modify, reverse, or otherwise resolve the disciplinary action.

8636 Cost of Disciplinary Appeal.

The cost of the mediator shall be shared equally by the employee and the City. If a transcript of the proceedings is requested, the cost of the transcript shall be borne by the requesting party.

Article 4. GRIEVANCE APPEALS AND HEARINGS

8650 Grievance Procedure.

(a) An aggrieved employee within the meaning of this Title shall first discuss his grievance informally with his immediate supervisor, and shall seek such discussion not later than five (5) working days after the cause for grievance occurred.

(b) If the grievance is not satisfactorily adjusted within three (3) working days after initial discussion, the employee may, within ten (10) days thereafter, appeal his grievance in writing on the form provided therefor by the Personnel Director to his department director who shall, after a hearing with the employee and review of all pertinent information, render a decision in writing within five (5) working days of such formal hearing.

(c) If, after the determination by the department director, an employee remains aggrieved, he may, within ten (10) working days of receipt of the department director’s decision, appeal in writing on the form provided therefor by the Personnel Director, the decision of the department director to the City Manager, whose decision shall be final.

(d) At any grievance hearing pursuant to this Section before the department director or the City Manager, an employee shall not be denied the right to be represented if he so desires.

(e) At every level, a grievable action may be upheld as proposed, upheld with modifications, or reversed.

(f) If the immediate supervisor or the department director fails to respond to the grievant within the time period required, the grievance shall be considered denied at that level and the employee may continue his appeal at the next appropriate level.

(g) If the grievant fails to exercise his right of appeal at any level within the time period permitted, such failure shall constitute a waiver of his right to appeal, and the last determination made shall be conclusive and binding.