Sec. 14-103. - Unsatisfactory job performance defined.

(a)

Unsatisfactory job performance includes any aspects of the employee's job which are not performed as required to meet the standards set by the department head and the manager. A permanent employee may be suspended, demoted, or terminated for unsatisfactory job performance by the manager or by a department head if after following the procedures outlined in section 14-104 and/or section 14-105, the employee's job performance is still deemed to be unsatisfactory.

(b)

All cases of demotion or termination must be approved by the manager prior to giving final notice to the employee.

(c)

Unsatisfactory job performance may be handled through the performance evaluation process and/or through the disciplinary process.

(d)

Examples of unsatisfactory job performance which may be handled through the disciplinary process, the performance evaluation process, or both, include but are not limited to:

(1)

Inability to adequately perform critical tasks;

(2)

Physical or mental incapacity to perform essential duties as certified by a physician or other qualified professional and where reasonable accommodation is not possible;

(3)

Inability to meet work standards over a period of time;

(4)

Failure to complete work within time frames established in work plans or work standards;

(5)

Demonstrated inefficiency, negligence, or incompetence in the performance of duties;

(6)

Careless, negligent, or improper use of town property or equipment;

(7)

Discourteous treatment of the public or other employees;

(8)

Insubordination;

(9)

Absence without approved leave;

(10)

Habitual improper use of leave privileges;

(11)

Habitual pattern of failure to report for duty at the assigned time and place;

(12)

Reporting to work under the influence of alcohol or drugs or partaking of such while on duty. Medications (prescribed by the employee's physician or over the counter) which are approved as safe for the required duties of the job are allowed;

(13)

Failure to follow safety rules or repeated or serious incidents of unsafe behavior;

(14)

Failure to maintain required licenses or certifications.

(Ord. No. O-85-58, 9-9-85; Ord. No. 95-1-23/O-1, § 1)

Sec. 14-104. - Communication and warning procedures preceding termination for unsatisfactory job performance where performance is rated below expected level.

Where an employee's job performance has been unsatisfactory over a period of time and has been rated below expected level, notification is through the town's performance evaluation process, as specified in policies established by the manager, according to the following procedure:

(a)

Standards or expectations for the established evaluation period should be clearly explained.

(b)

When job performance has been unsatisfactory, the employee should have at least one (1) documented counseling session, as early in the established evaluation period as possible, which provides detailed feedback on performance deficiencies and outlines improvements necessary for satisfactory performance.

(c)

When adequate improvement does not take place, the employee should have a below expected level rating and evaluation conference. The rating should include written notice to the employee that performance must be corrected to avoid termination, and should specify the improvements which are needed to reach at expected level in the next ninety (90) days*.

(d)

At least one (1) documented follow-up counseling session should take place during the ninety-day* evaluation period, again clearly communicating remaining areas of deficiency and needed corrections.

(e)

When adequate improvement has not taken place, the employee should have a second below expected level rating and an evaluation conference. The employee should be given the chance to tell his/her side of the story; if the rating remains below expected level, and it is the second consecutive below expected level rating, the employee will be recommended for termination.

*In some cases evaluation periods may be shorter or longer, as approved by the manager.

(Ord. No. O-85-58, 9-9-85; Ord. No. 95-1-23/O-1, § 1)

Sec. 14-105. - Communications and warning procedures preceding disciplinary action for unsatisfactory job performance.

(a)

Where an employee's performance has been unsatisfactory because of incidents or inappropriate actions warranting disciplinary action, one (1) or more counseling discussions between the employee and the supervisor to discuss specific performance problems should be held. If performance continues to be unsatisfactory, disciplinary action may occur after appropriate notification, according to the following procedures:

(1)

A written warning from the supervisor which explains the nature of the unsatisfactory job performance.

(2)

A final written warning from the supervisor serving notice upon the employee that corrected performance must take place immediately in order to avoid demotion or termination.

(3)

Recommendation to the manager for disciplinary action, such as suspension, demotion or discharge. When serious incidents of unsatisfactory job performance occur, suspension may occur without prior warning. Employees must be given an opportunity to explain or defend their actions before a suspension can extend more than three (3) days and before termination or demotion is recommended to the manager.

(b)

In each case the supervisor shall record the dates of discussions with the employee, the performance deficiencies discussed, the corrective actions recommended, and the time limits set.

(c)

When serious incidents of unsatisfactory job performance occur, suspension, termination or other disciplinary action may occur without prior warning.

(d)

In cases where the discipline and the performance evaluation processes overlap, the following principles apply:

(1)

An employee may be terminated for cause at any point in the evaluation period, if proper communication and disciplinary procedures have been followed.

(2)

The first below expected level rating may serve as a final written warning, if conditions and expectations are clearly specified and the employee is so notified.

(Ord. No. O-85-58, 9-9-85; Ord. No. 95-1-23/O-1, § 1)

Sec. 14-106. - Detrimental personal conduct defined.

Detrimental personal conduct includes behavior of such a serious detrimental nature that the functioning of the town may be impaired, the safety of persons or property may be threatened, or the laws of the government may be violated. Examples are listed but are not limited to the following:

(a)

Fraud.

(b)

Conviction of a felony or the entry of a plea of nolo contendere thereto.

(c)

Falsification of records for personal profit or to grant special privileges.

(d)

Willful misuse of town funds.

(e)

Willful and wanton damage or destruction of property.

(f)

Willful and wanton acts that endanger the lives and property of others.

(g)

Possession of unauthorized firearms or other lethal weapons on the job.

(h)

Brutality or threats or intimidating behavior in the performance of duties.

(i)

Engaging in incompatible employment or servicing a conflicting interest.

(j)

Acceptance of gifts in exchange for "favors" or "influence."

(k)

Engaging in political activity prohibited by this chapter.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1)

Sec. 14-107. - Disciplinary action for detrimental personal conduct.

An employee may be suspended or dismissed by his department head or by the town manager without warning for causes relating to personal conduct detrimental to town service:

(1)

In order to avoid undue disruption of work,

(2)

To protect the safety of persons or property, or

(3)

For other serious reasons.

In less serious or disruptive situations, steps similar to those listed under section 14-105 above may be in order. When an employee is suspended or dismissed immediately, the employee shall be told to leave town property at once and either to report to his supervisor at a specific time or to remain away until further notice.

(Ord. No. O-75-53, § 1, 9-16-75)

Sec. 14-108. - Nondisciplinary suspension.

During the investigation, hearing, or trial of an employee on any criminal charge, or during an investigation related to alleged detrimental personal conduct or serious incident or incidents of unsatisfactory job performance, or during the course of any civil action involving an employee, when suspension would, in the opinion of the manager, be in the best interest of the town, the manager may suspend the employee for the duration of the proceedings as a nondisciplinary action. In such cases, the manager may:

(a)

Relieve the employee temporarily of all duties and responsibilities and allow the employee no compensation for the period of the suspension, or

(b)

Assign the employee new duties and responsibilities and allow the employee to receive such compensation as in the keeping with the new duties and responsibilities, or

(c)

Relieve the employee temporarily of all duties and responsibilities and allow the employee to be paid at their regular or another rate of pay for the period of the investigation. The manager will inform the council of circumstance of paid administrative leave of a month or longer, and keep the council advised during the duration of such paid suspension.

If the employee is reinstated following the suspension such employee shall not lose any benefits to which otherwise the employee would have been entitled had the suspension not occurred. If the employee is to terminate following suspension the employee shall not be eligible for any pay from the date of suspension, provided, however, all other benefits with the exception of accrued annual leave and sick leave shall be maintained during the period of suspension.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1)

Sec. 14-109. - Notification of disciplinary action.

When an employee is suspended, demoted, or terminated for detrimental personal conduct or unsatisfactory job performance, the department head or supervisor shall provide the employee with written notice of the action taken, the effective date, the reasons for the action and the recourse available to the employee under the provisions of this chapter.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1)

Sec. 14-110. - Employee appeal.

Any employee who is disciplined may appeal the disciplinary action in accordance with the grievance procedure. An employee who is suspended, demoted, or terminated for cause as a disciplinary action, or terminate shall have fourteen (14) days from written notice of said disciplinary action to file the initial appeal. A decision to rescind a demotion or termination must be approved by the town manager before becoming effective.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2001-11-26/O-4, § 1)