Laserfiche WebLink
22 <br /> <br />Section 31. Discipline <br /> <br />31.1 Discipline: The City may discharge, suspend, demote or reduce the pay of any employee, <br />who has completed the specified probationary period, for cause including but not limited <br />to dishonesty, insubordination, drunkenness, incompetence, willful negligence, failure to <br />perform work as required or failure to comply with the City's reasonable rules regarding <br />safety, conduct and operations, or any conduct related to employment which impairs, <br />disrupts, or causes discredit to the employee's employment or to the City. In the event an <br />employee feels the discharge or suspension is not for cause, the Association shall have <br />the right to appeal the case in accordance with the provision of this section. <br /> <br /> Probationary employees may be discharged for any reason, which, in the sole opinion of <br />the City, is just and sufficient and such discharge shall not be subject to any appeal. <br /> <br />31.2 Presumption of Delivery: Any written notice shall be conclusively presumed delivered to <br />the employee on the date the written notice is personally served on the employee. In the <br />event that any notice is sent to an employee by Certified Mail, Return Receipt requested, <br />the notice shall be conclusively presumed delivered to the employee on the date the <br />receipt was signed. In the event the Certified Mail is refused, or in the event the employee <br />is absent without leave and no person at the address to which the Certified Mail is sent <br />signs for such Certified Mail, then it shall be presumed that the notice was delivered as of <br />the date the postal service returns the Certified Mail to the return address. <br /> <br />31.3 Departmental Action Prior to Imposition of Discipline: Except in cases of emergency, at <br />least five (5) calendar days prior to the effective date of any disciplinary action against <br />employees with permanent status, the Police Chief or person authorized by him or her <br />shall give the employee written notice of the proposed disciplinary action, reasons for such <br />action, a copy of the charges and material upon which the action is based, and the right <br />to respond either orally or in writing, or both, to the Police Chief or designee proposing the <br />disciplinary action prior to the effective date of such disciplinary action. <br /> <br />31.4 Notice of Disciplinary Action: Whenever a disciplinary action is taken against an <br />employee, the employee shall be notified in writing. Such notification shall include but is <br />not limited to: <br /> <br />A. A statement of the disciplinary action taken against the employee; <br /> <br />B. A summary of the facts upon which the disciplinary action is based; <br /> <br />C. A statement advising the employee that written notice of the disciplinary action is <br />to be placed in his/her official personnel file and that the employee has the right to <br />appeal under the disciplinary appeal procedure set forth in this section. <br /> <br />The written notice of disciplinary action may be either personally served or mailed to the <br />employee by Certified Mail, Return Receipt requested, addressed to the last address, <br />which the employee has furnished the City. <br /> <br />31.5 Appeal Process: The Association or the Human Resources Manager may appeal the <br />Police Chief’s determination to the City Manager within fifteen (15) calendar days of the <br />rendering of the decision. Any such appeal shall be in writing, and shall include the <br />specific reasons for the appeal and a statement of the desired remedy. The City Manager, <br />90