§ 17-1-6-168. Administrative leave.

A.

In certain circumstances there exists a need to place employees on administrative leave, which depending upon the situation may be either without or with pay. The determination of whether an employee is placed on administrative leave, as well as the nature and length of any such leave, shall be at the sole discretion of the city manager.

1.

Instances appropriate for administrative leave without pay shall include:

a.

An employee who is accused by indictment, complaint and information or charged with a crime, whether misdemeanor or felony, regardless of whether or not said employee is incarcerated, may be placed on administrative leave without pay by the city manager following a meeting between the employee and the employee's department director or the city manager. After the meeting, the employee will be notified of the reason for being placed on administrative leave without pay. The employee will not earn, receive or accrue vacation, sick leave, compensatory time, flexible holiday time or other benefits during the period of administrative leave without pay. If the employee is later exonerated from all the accusations arising from such indictment, complaint and information, or charge, the employee may be: (1) reinstated to his/her former or similar position, and (2) credited with the wages and benefits that would have accrued during the term of the administrative leave by compensating the employee with full back pay and crediting the employee with vacation leave, sick leave, compensatory time, flexible holiday time, longevity and retirement creditable service benefits. If the employee is convicted, agrees to plead "no contest", or pleads guilty on any of the indictments, complaint and information or charge, the employee may be terminated retroactive to the first day of the administrative leave, following a hearing. During the period of administrative leave without pay, the employee may use, upon the employee's written request, accrued vacation, holiday leave, earned flexible holiday time and earned compensatory time, but those hours will not be reinstated for the benefit of the employee if such employee is exonerated from all the accusations arising from such indictment, complaint and information, or charge, and will be an offset against any wages that may be otherwise due. During the period of administrative leave without pay, such employee and the employee's dependents may continue in the city's health plan if the employee continues to pay the required premiums for single and dependent health plan coverage as appropriate.

b.

Pending an investigation of a serious charge arising from an allegation or series of allegations of a breach of employment rules, regulations or procedures, an employee, following a meeting between the employee and the employee's department director, may be placed on administrative leave without pay by the city manager, when the allegation(s), if found to be true, would most likely result in the termination of employment. The employee will not earn, receive or accrue vacation, sick leave, compensatory time, flexible holiday time or other benefits while on administrative leave without pay. If the employee is ultimately terminated, the termination will be retroactive to the first day of the administrative leave. If the employee is not terminated but is otherwise disciplined, the employee will subsequently be permitted to return to work for the City, but will not be credited with the wages and benefits that would have accrued during the term of the administrative leave. If the employee is not terminated or otherwise disciplined the employee will be (1) reinstated to his/her former or similar position and (2) credited with the wages and benefits that would have accrued during the term of the administrative leave by compensating the employee with full back pay and crediting the employee with vacation leave, sick leave, compensatory time, flexible holiday time, longevity and retirement creditable service benefits. During the period of administrative leave without pay, the employee may use, upon the employee's written request, accrued vacation, holiday leave, earned flexible holiday time and earned compensatory time, but those hours will not be reinstated for the benefit of the employee if the employee is exonerated from the accusations of wrongdoing and will be an offset against any wages that may be otherwise due. During the period of administrative leave without pay, the employee and the employee's dependents may continue in the city's health plan if the employee continues to pay the required premiums for single and dependent health plan coverage as appropriate.

2.

An employee may be placed on administrative leave with pay when an incident of such a serious nature occurs involving the employee that an investigation is warranted and there exists the possibility of the employee receiving discipline from the incident. In such an instance the employee's department director with the approval of the city manager may place the employee on administrative leave with pay for the period of the investigation, but in no event shall such leave exceed five of the subject employee's working days without written approval from the city manager. If written approval is given the city manager may extend such leave beyond the initial five day limitation. Following any such extension the city manager shall reevaluate every seven calendar days the need for keeping the employee on administrative leave with pay, and if it is determined the leave should continue, re-authorize in writing the continuation of the leave. Nothing in this subsection shall grant an employee a right to be placed on administrative leave with pay in lieu of administrative leave without pay.

B.

Incarcerated employees are subject to the disciplinary actions and procedures established in Division 17-1-7, Chapter 17. The following rules are applicable to the pay and benefits of incarcerated employees:

1.

An employee who is incarcerated will be allowed to use any accrued vacation or compensatory time during such period of incarceration. An incarcerated employee who has expended all of the employee's accrued vacation and compensatory time shall not be eligible for any type of administrative leave.

2.

An incarcerated employee who is later exonerated will not be entitled to back pay or vacation, sick leave, compensatory time, flexible holiday, longevity or retirement creditable service benefits lost or used during such periods of incarceration. Such periods of incarcerations are outside the control of the City of Lawton and the employee cannot perform any productive labor during such periods.

C.

In the event the city manager is out of the State of Oklahoma for more than one business day or is on any type of leave, the assistant city manager shall have authority to take action under this section on behalf of the city manager. Likewise, in the event a department director is out of the State of Oklahoma for more than one business day or is on any type of leave, that department's deputy director shall have authority to take action under this section on behalf of the department director. If the department does not have a deputy director, then the individual designated in writing as acting department director shall have authority to act under this section on behalf of the department director.

D.

Employees appointed by the city council may be placed on administrative leave, either with or without pay, by at least five (5) affirmative votes of the city council.

(2005-93, Added, 11/22/2005)

( Ord. No. 15-31 , § 1, 11-24-2015)

Charter reference

Charter Section C-3-1 et al.