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ARTICLE 10. DISCIPLINARY ACTION AND SEPARATION

Sec. 10-1. Exception to Applicability.

The provisions incorporated into sections 10-2 through 10-8 of this ordinance shall not apply to any employees covered by the civil service law. Nor shall these provisions apply to employees covered by collective bargaining agreements, where such agreements address the same policies, or city department heads.

Sec. 10-2. Demotion.

A department head may reduce the salary of an employee within the range provided in the appropriate pay plan or demote the employee for just cause with the approval of the personnel director. The employee shall be notified in writing of the contemplated action by registered letter or in hand (return receipt requested from addressee only) and the reasons for such action at least five (5) working days prior to the effective date of the action and a copy of said notice shall be filed with the personnel director. Any permanent employee who is demoted may appeal for a hearing, in writing, to the personnel appeals board within five (5) working days after the date of service of such notice of demotion. The board shall grant the employee a hearing within fourteen (14) working days thereafter. The hearing shall be public at the option of the employee and he/she may be represented by counsel, and notifications to employee shall be by registered mail or signed receipt.

Sec. 10-3. Suspension.

(a) A department head, following consultation with the personnel director, may suspend without pay and for just cause, any permanent employee in his/her department covered by this article for such length of time as he/she considers appropriate. In any suspension, the personnel director shall be furnished immediately with a written statement specifically setting forth the reasons for such suspension and a copy of such statement shall be furnished immediately to the employee.

(b) Any suspension or any combination of suspensions for the fiscal year may be appealed to the personnel appeals board. Any employee wishing to make such an appeal shall notify his/her department head and the personnel director in writing of his/her intention to appeal within five (5) working days of the receipt of an appeal. Within not more than ten (10) working days of the receipt of an appeal, the personnel appeals board shall hold a hearing which shall be public at the option of the employee and [at] which he/she may be represented by legal counsel.

Sec. 10-4. Dismissal.

A permanent employee may be dismissed by a department head for just cause, provided the employee is given a written statement five (5) working days prior to the effective date of the dismissal setting forth the reasons for said dismissal and a copy is filed with the personnel director. Any employee so dismissed shall have the right to make an appeal in writing within five (5) working days of the date of receipt of the letter of dismissal. Such appeal shall be sent by registered mail or presented in person to the personnel appeals board and the board shall grant the employee a hearing within ten (10) working days of the receipt of said letter and shall render a decision within fourteen (14) working days thereafter. The hearing shall be public at the option of the employee and he/she may be represented by counsel. Said employee may remain in the employ of the city, with or without pay, pending decision.

Sec. 10-5. Transfer.

An employee may be transferred from one department to another with or without the employee's consent, provided (1) such transfer is to a position in the same class or another class having the same minimum and maximum salary limits, involving the performance of similar duties, and requiring substantially the same basic qualifications; and (2) such a transfer is approved by the personnel director. An employee so transferred may appeal said transfer to the personnel appeals board if he/she feels said transfer was made arbitrarily or capriciously.

Sec. 10-6. Layoff.

(a) A department head may layoff a permanent employee in the classified service when he/she deems it necessary by reason of shortage of work or funds, material change in the departmental organization, or for other related reasons which are outside the employee's control and which do not reflect discredit upon the services of the employee. The employee shall be provided with a written notice of such layoff fourteen (14) working days prior to the effective date of such action.

(b) The order of layoffs shall be by seniority within classification by departmental unit whenever possible. However, past performance, [and] current and projected employment needs of the city shall also be a determining factor, based upon a report from the department head.

(c) No temporary or permanent separation of an employee from the classified service as a penalty or disciplinary action shall be considered a layoff. The names of employees affected shall be kept on a special employment list and said employees shall be recalled in the order and based upon the same criteria as were used in determining the original layoff.

Sec. 10-7. Resignation.

(a) To resign in good standing, an employee must give the appointing authority at least fourteen (14) calendar days prior notice unless the appointing authority, because of extenuating circumstances, agrees to permit a shorter period of notice.

(b) A written resignation shall be supplied by the employee to the appointing authority giving reasons for leaving. The resignation shall be forwarded to the personnel director with a statement by the appointing authority as to the resigned employee's service performance and pertinent information concerning the cause for resignation. Failure to comply with this requirement shall be entered on the service record of the employee and may be cause for denying future employment by the city.

Sec. 10-8. Just Cause Standard.

For purposes of this article, just cause shall be defined to include, but not be limited to, any of the following:

(1) Incompetency

(2) Inefficiency

(3) Inexcusable neglect of duty

(4) Failure to perform in one or more critical elements of the job

(5) Fraud in securing appointment

(6) Insubordination

(7) Drunkenness

(8) Addiction to narcotics or habit-forming drugs

(9) Inexcusable absence without leave

(10) Chronic tardiness

(11) Sick leave abuse

(12) Conviction of a felony or misdemeanor involving moral turpitude

(13) Willful disobedience

(14) Misuse or unauthorized use of municipal property

(15) Other misconduct or violations of work rules, regulations, charter, ordinance or election laws

(16) Working another job on city time.