8H Consent 2010 1220 - Laserfiche WebLink

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Section 25. Discipline 25.1 Discipline The City may discharge, suspend, demote or reduce the pay of any employee who has completed the specified probationary period, for cause including but not limited to dishonesty, insubordination, drunkenness on duty, incompetence, willful negligence, failure to perform work as required or failure to comply with the City's reasonable rules regarding safety, conduct and operations, or any conduct causing discredit to the City. In the event an employee feels the discharge or suspension is unjust, the Union shall have the right to appeal the case in accordance with the provisions of this section. A probationary employee may be discharged at any time during the probationary period, and such discharge shall not be subject to appeal or grievance. An employee's request for Union representation at all meetings and hearings related to his /her disciplinary action or discharge will be granted. 25.2 Presumption of Delivery Any written notice shall be conclusively presumed delivered to the employee on the date the written notice is personally served on the employee. In the event that any notice is sent to an employee by certified mail, return receipt requested, the notice shall be conclusively presumed delivered to the employee on the date the receipt was signed. In the event the certified mail is refused, or in the event the employee is absent without leave and no person at the address to which the certified mail is sent signs for such certified mail, then it shall be presumed that the notice was delivered as the date the postal service returns the certified mail to the return address. Notice of mailing shall be sent to the Union. 25.3 Departmental Action Prior to Imposition of Discipline Except in cases of emergency, at least five (5) calendar days prior to the effective date of any disciplinary action against employees with permanent status, the department head or person authorized by him/her shall give the 'employee written notice of the proposed disciplinary action, reasons for such action, a copy of the charges and material upon which the action is based, the right to respond either orally or in writing, or both, to the department head or designee proposing the disciplinary action prior to the effective date of such disciplinary action. The City agrees to provide the Union with a copy of any letter or memorandum proposing or notifying disciplinary action that is sent to 1-luman Resources and/or the employee. An employee or the employee's representative, on presentation of written authorization from the employee, may have access to the employee's personnel file. The City shall furnish the employee copies of all performance evaluation reports and letters of reprimand /warning prior to placement of such documents into the employee's personnel file. The employee is afforded the opportunity to respond in writing to the contents of letters of reprimand/warning. Such responses shall be filed with the I -luman Resources Director Department within ten (10) working days from the date of such reprimand/warning or performance evaluation. 19