Sec. 40-256. - Disciplinary action—Cause and extent.

Disciplinary measures may be taken for any good and sufficient cause. The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-257. - Same—Kinds of action; definitions.

(a)

Disciplinary actions that may be taken are warning, suspension without pay, reduction in step within salary range, involuntary demotion, dismissal, or any appropriate combination thereof.

(b)

For purposes of this section, the following terms shall have the meaning set forth herein:

(1)

Warning means an official, verbal or written notification to the employee that cause exists for dissatisfaction with the employee's services and that further disciplinary measures may be taken if such cause is not corrected.

(2)

Suspension without pay means a temporary separation from city service for such length of time as the responsible authority may deem appropriate. Such suspension generally may not exceed a period of 30 calendar days, except pending an arbitral or judicial hearing and decision from same.

(3)

Reduction in step within salary range means the withdrawal of increments granted for satisfactory performance, efficiency and/or length of service. The maximum reduction in pay that may be given for any one disciplinary action shall be two steps within the range for the position. A reduction in step may be made on a permanent or temporary basis.

(4)

Involuntary demotion means a reduction in the employee's pay grade. The employee's salary shall be reduced to the salary for the position and step to which s/he is demoted. The maximum reduction in pay that may be given for any one disciplinary action shall be no more than the equivalent of two steps within the range for the position from which the employee was involuntarily demoted. The employee's salary anniversary date shall be the date on which the demotion was effective.

(5)

Dismissal means the involuntary discharge of an employee from city service.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-258. - Same—Effective date.

Disciplinary action shall be effective on the date designated by the authorized person, provided that the effective date of discipline shall not precede the date of the offense.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-259. - Same—Authority; due process.

(a)

The commissioner or department head shall have authority to take disciplinary action, provided that due process is afforded to the employee. The commissioner or department head may delegate to some or all of his or her subordinate supervisory employees the authority to give official warnings and to impose immediate suspensions in exigent circumstances. The duration of all such suspensions shall be determined by the commissioner or department head.

(b)

The director of personnel or designee shall be notified of any significant contemplated disciplinary action prior to the time it is taken, provided that, in emergency situations or other instances when prior notification is not practicable, the director of personnel may be notified as soon as possible after the action is taken.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-260. - Same—Notice to employees.

(a)

Generally, written notice of disciplinary action will be given to an employee at the time the action is taken. In emergency situations or other instances when simultaneous notification is not practicable, notification may be given as soon as practicable.

(b)

Such notice shall be made on forms prescribed by the director of personnel, and copies shall be submitted to the director of personnel for the employee's personnel record.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Secs. 40-261—40-270. - Reserved.