§ 17-1-7-171. Disciplinary actions.

A.

There is conduct, misconduct, action, and inaction, both passive and active which may subject any employee to disciplinary action for the good of the service. The following acts or failure to act, although not all inclusive, are representative of the types of activities or inactivities, which may result in disciplinary action:

1.

Willful violations of these personnel rules;

2.

Repeated and habitual tardiness or early departure from work;

3.

Unauthorized absence from duty;

4.

Abuse of sick leave;

5.

Unsatisfactory performance of the quantity or quality of work considered standard for the position;

6.

Failure to carry out a lawful direct instruction by a supervisor;

7.

Negligent or willful destruction of property while on or off duty;

8.

Misappropriation or unauthorized use of city funds, equipment, tools, machines or supplies;

9.

Use of the employee's city position for private gain;

10.

Acceptance of a gratuity or gift in violation of the other provisions of these personnel rules;

11.

Discourtesy to the public;

12.

Aggravated and habitual inability to get along with fellow workers;

13.

Unauthorized use of controlled dangerous substance or intoxicants while on duty;

14.

Arrest for or conviction of a felony or a misdemeanor involving moral turpitude or otherwise bearing directly upon the suitability of the employee for performance of the duties of the position;

15.

Conduct prejudicial to the reputation of the city government or conduct that otherwise bears directly upon the suitability of the employee for performance of the duties of the position;

16.

Inciting or engaging in strikes or riots;

17.

Intentional falsification of material facts in an application for employment or promotion, or in any official investigation involving misconduct under these rules, or in preparing any report or document required by the employee's duties.

18.

Violations of the city code, council and administrative policies and department rules or regulations.

19.

Repeated and habitual smoking in designated nonsmoking areas.

20.

Assaulting a fellow employee or citizen.

21.

Sexual harassment as defined in City Council Policy 3-1.

22.

Other forms of harassment as defined in City Council Policy 3-3.

B.

Any disciplinary action against an employee must be given no later than thirty (30) working days following either the date of the act or inaction by the employee which gives rise to the need for discipline or the date when the supervisor, division head, or department director first became or should have become knowledgeable of the employee's act or inaction. This limitation shall not apply in cases where an investigation is being conducted that may lead to possible criminal action, in cases where a criminal action has been filed and the disposition of the criminal court case remains unresolved, in cases involving violation of the whistleblower protection ordinance, in cases involving accident or injury under review by the appropriate vehicle or personal injury review board or in cases involving violation of discrimination statutes such as sexual discrimination, sexual harassment, racial discrimination, etc. If additional investigation is deemed necessary by the disciplining authority following a predetermination hearing between the disciplining authority and the employee, a reasonable time not to exceed an additional thirty (30) calendar days will be allowed to conduct any follow up investigation.

C.

No disciplinary action will be taken against an employee for providing or disclosing information as provided in Division 17-2-14 of this code.

(Ord. 2003-41, Amended, 08/26/2003; 97-26, Amended, 05/27/1997)

(Ord. 2006-50, Amended, 07/11/2006; 2005-93, Amended, 11/22/2005; Ord. No. 14-21, § 1, 6-10-2014; Ord. No. 18-17 , § 1, 6-12-2018)

Editor's note

Ord. No. 14-21, § 1, adopted June 10, 2014, amended subsection 17-1-7-171 B., and has an effective date of July 10, 2014.