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901. Purpose
902. Authority To Take Disciplinary Action
903. Voluntary Transfer
904. Involuntary Transfer
905. Suspension And Other Disciplinary Actions
906. Termination
907. Loudermill Procedures
908. Employees Involved In Job Misconduct Or Criminal Activities
909. Abolishment Or Non-Funding Of Positions
910. Re-Establishment Of Positions
911. Layoff
912. Disbursement Of Final Pay Check

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Table Of Contents

900 DISCIPLINARY ACTIONS/TRANSFERS & TERMINATIONS

901. PURPOSE. Employment practices encourage a productive and efficient work force. Retention, transfer, or termination of employees shall be based on work performance and potential for professional growth. In those situations where positions are to be eliminated or when there is a reduction in force, every reasonable effort will be made to retain those regular employees with demonstrated high job performance.
902. AUTHORITY TO TAKE DISCIPLINARY ACTION. Supervisory and managerial personnel shall have the authority to take disciplinary actions deemed necessary in accordance with the Personnel Manual.
903. VOLUNTARY TRANSFER. Regular full-time employees may compete for other regular full-time vacancies. Part-time, temporary, seasonal, or provisional employees are also eligible to compete for regular full-time positions.
     Employees may transfer from one department to another only at the beginning of a pay period unless an exception is made by the Human Resources Director or City Manager.
904. INVOLUNTARY TRANSFER. Involuntary transfers of employees may be made to best use employee skills, education or experience. Transfer may involve employee relocation to another department within the City. Transfer may also consist of reassignment and reclassification of an employee from one job classification to another because of inability to perform essential job functions due to an ADA defined disability, reorganization, while under suspension from the employee’s principal duty, or for other reasons. The Department Director of the transferring employee or his/her designee shall provide a written decision of the transfer and the conditions.
905. SUSPENSION AND OTHER DISCIPLINARY ACTIONS. An employee's failure to observe personnel policies or work rules, or other employee actions which adversely affect their job performance or the job performance of another employee may be grounds for one or more of the following disciplinary actions:
     1. Verbal Reprimand. The supervisor will verbally notify the employee that since there has been a violation of work rules, City policy, or procedures, an official warning is being given.
     2. Written Reprimand. A written reprimand, using the Notice of Disciplinary Action, given by the supervisor, approved by the Department Director and ratified by the City Manager shall be entered into an employee's personnel record, subject to the right of appeal and review in accordance with the procedures provided in Section 1100 of this manual.
     3. Suspension. All suspensions from work shall be entered into an employee's personnel record. A supervisor may recommend to suspend an employee from work without pay for flagrant violation or disregard of work rules, personnel policies, and regulations for varying periods of time approved by the Department Director. Prior to implementation of a Suspension, the action must be ratified by the City Manager or designee within five (5) business days of receipt of the recommendation.
        Any suspension of more than three (3) days will require that a predetermination (Loudermill) hearing be conducted and then ratified by the Human Resources Director and the City Manager prior to suspension. FLSA exempt employees may be suspended for one or more full days for infractions of workplace conduct rules or for infractions of safety rules of major significance.
906. TERMINATION. Is defined as separation of an individual from the work force, voluntarily or involuntarily, with resulting severance of all employee benefits.
     1. Voluntary Termination. When an employee decides to leave employment, he/she shall submit written notice to their supervisor. Employees are encouraged to give at least two weeks notice prior to departure.
     2. Involuntary Termination. This action may be initiated for a variety of reasons. Those reasons include, but are not limited to:
        1. Discovering during the probationary period that an employee is not capable of performing the job for which he/she was hired, or the employee is otherwise unsatisfactory in performance of his/her duties. This action is originated by a supervisor and may be initiated with or without cause as the employee is in an "at will" status.
        2. Conclusion of a provisional, seasonal, or temporary assignment.
        3. Incapacity or inability to perform the "essential job functions" for which the employee was hired, with or without reasonable accommodations.
        4. For cause or for violation of work rules, including but not limited to:
           1. Dereliction of duty.
           2. Failure to report any criminal conviction.
           3. Flagrant or continued failure to obey work rules and regulations, as set forth herein or as may be set forth in writing by Department Directors or City Manager.
           4. Inability to work with others.
           5. Dishonesty in the execution of job duties or dishonesty when participating in an administrative investigation.
           6. For other employee conduct which is detrimental or prejudicial to the best interests of the City government.
           7. For mis-use of City credit cards.
     3. Notice Requirement. Employees who have completed probation must be presented with a “Termination Notice” prior to actual termination. The termination notice shall include:
     1. Written notice of the reason(s) for the proposed termination.
     2. Explanation of the facts in support of the proposed termination.
     3. An opportunity for the employee to participate in a predetermination (Loudermill) Hearing.
907. PREDETERMINATION (LOUDERMILL) PROCEDURES
     1. A due process “Loudermill” hearing shall be afforded all regular full-time and part-time employees, who have successfully completed their probation, prior to termination, demotion, or a suspension of more than three (3) working days.
     2. The supervisor shall notify the affected employee, both orally and in writing, of his/her recommendation to terminate, demote, or suspend (for more than three (3) working days), the employee from City service, and his/her reason(s) for doing so. This shall be accomplished in the following manner:
        1. The supervisor who initiates such action shall complete a Notice of Intent to Terminate, Demote or Suspend form.
        2. The completed form shall include:
           1. The recommended effective date of termination, demotion or suspension.
           2. Reason(s) for terminating, demoting or suspending the employee.
           3. Relevant documentation to support the termination, demotion or suspension. Such documentation shall be attached to the “Notice of Intent to Terminate, Demote or Suspend” form.
              EEO investigative reports are deemed confidential unless otherwise directed by a competent court of jurisdiction or by order of the City Manager. Therefore, if an EEO investigation is the basis of disciplinary action, the affected employee will be provided a summary of the investigation. The investigation documentation shall not be photocopied or disseminated beyond the EEO Office, City Attorney’s Office, City Manager’s Office or Human Resources Department.
           4. Date, time, and location of the employee’s “Loudermill ” hearing. The hearing must be conducted within five (5) business days from date of the notice.
     3. Following notification of intent to terminate or suspend, the employee shall be placed on administrative leave, with pay, pending the “Loudermill” hearing outcome. In the case of demotion, the employee shall maintain his/her position pending the outcome of the “Loudermill” hearing.
        1. The Loudermill hearing shall be conducted by the Department Director of the Supervisor recommending the disciplinary action.
           1. In the event that the supervisor is a direct-report to the City Manager, the Human Resources Department shall appoint the Assistant City Manager or a Department Director to conduct the Loudermill.
           2. In the event that the disciplinary action involves a direct-report to the Department Director or in situations where the Department Director initiates the recommended discipline, the Human Resources Department shall appoint a different Department Director as the hearing officer.
           3. The hearing shall be recorded. The original recording shall be transcribed by the Department, attached with any resulting disciplinary action and submitted to the Human Resources Department.
           4. Participants in the Loudermill should be limited to the Department Director, Recording Secretary, and the employee.
              1. The hearing officer (the Department Director) shall state the reason(s) for the disciplinary action and review relevant supporting documentation. The employee shall be afforded an opportunity to refute the reason(s) for disciplinary action and enter into the record any relevant documentation to support his/her position.
              2. The Department Director shall forward his written recommendation, based on the evidence presented at the Loudermill hearing, along with the Personnel Action Notice and transcript of the Loudermill to the Human Resources Department. The Human Resources Department will send the PAN, transcript and any other supporting information to the City Manager for final action.
              3. The employee shall be notified by the Department Director, within five (5) business days, of the results of the hearing. This notification shall be made prior to submitting his/her recommendation to the City Manager.
              4. Nothing in these procedures is designed to supersede or prevent an employee from availing himself/herself of the City ’s grievance procedure.
              5. The Personnel Action Notice signed by the City Manager will be forwarded to the Human Resources Department who will prepare all appropriate paperwork and will ensure proper notification of the employee.
908. EMPLOYEES INVOLVED IN JOB MISCONDUCT OR CRIMINAL ACTIVITIES. Employees charged with job misconduct or criminal activities may be placed on Administrative Leave with Pay or Leave Without Pay pending final determination, or may be assigned other duties pending a final outcome of the matter. Each situation under investigation will be administered on a case-by-case basis. The Legal Office shall review each case and advise the City Manager. Administrative Leave with Pay shall be reported as time worked on time sheets.
909. ABOLISHMENT OR NON-FUNDING OF POSITIONS.
     1. The City Manager can recommend to abolish or not fund positions for the following reasons:
        1. When approved by the City Council.
        2. When a position is no longer required to provide service for the community.
        3. When there is insufficient revenue to support the position.
     2. Reasonable attempts shall be made to reassign or transfer personnel designated for separation due to abolishment of jobs. Reassignment or transfer may be lateral, to a lower grade, or to a higher grade, depending upon:
        1. Suitable vacancies for which the employee is qualified.
        2. Ability of the employee to perform another function.
        3. No job shall be abolished as a way to remove an individual from municipal service.
        4. The following procedures will be utilized in dealing with displaced employees:
           1. The Human Resources Department shall be notified of potential displaced employees due to organization changes.
           2. Employment changes will be announced in sufficient time so that employees can voluntarily transfer to vacancies which occur. Department Directors and Program Administrators/Managers will inform employees a minimum of 90 days prior to the change in status.
        5. Employees whose positions are targeted for elimination will be given the opportunity to transfer to positions for which they qualify on a non-competitive basis after those employees who qualify for priority referral due to ADA or Workers’ Compensation. Whenever possible, transfer will take place at the current salary if the position is similar in value, at lower pay if the position has less responsibility, know-how, or accountability, or at a higher pay if it is a promotional opportunity.
        6. Once affected employees have been identified, every vacancy which occurs will be screened first by the Human Resources Department to see if qualified potentially displaced candidates are available and there are not employees with priority referral due to Workers’ Compensation or ADA requirements.
        7. Employees who were unable to successfully compete for vacancies will be monitored by the Human Resources Department and may be transferred to related occupations as trainees to undergo on-the-job training. This action may require a reduction in pay if the position involves less know-how, problem solving, and accountability. Appointments may be non-competitive and transfers may be directed involuntarily. The sole purpose of this action is to salvage the person's employment with the City.
        8. Employees, who cannot be placed within the City because positions do not exist, may be laid off involuntarily after 90 days from the date of displacement. Employees laid off under this policy will depart in good standing and will be eligible for re-employment as positions become available for which they qualify. These employees will be eligible for normal separation benefits such as coverage under COBRA, unemployment compensation, and sell back of sick/annual leave according to City policy.
910. RE-ESTABLISHMENT OF POSITIONS. The City Manager may recommend reestablishment of positions:
     1. When approved by the City Council.
     2. When revenue is sufficient and a need for resuming the discontinued position or service is justifiable and essential.
     3. When a position is reestablished, the person who was the incumbent when the position was abolished shall be given first consideration for appointment. However, that person must be able perform the essential job functions of the position, with or without reasonable accommodation.

911. LAYOFF. Layoff is defined as severance of an employee from the work force due to lack of work. Layoff is made without prejudice and is no fault of the affected employee.
     1. Selection for Layoff. When more than one employee is in a position which has been scheduled to be discontinued, the following criteria may be considered to identify which person is to be laid off:
        1. Versatility and/or value to the department.
        2. Overall job performance as compared to others within the department.
        3. Longevity within the department.
        4. Longevity with the City.
912. DISBURSEMENT OF FINAL PAY CHECK. When an employee resigns their position, the earned salary or wages plus any other compensation (such as annual leave accrual) shall be due and payable on the next regular payday. When an employee is dismissed from employment, the earned salary or wages plus any other compensation (such as annual leave accrual) shall be due and payable no later than the fifth (5th) calendar day following dismissal. Exempt employees will be paid a proportionate part of that employee’s full salary for the time actually worked in last week of employment. The employee’s final paycheck will be forwarded to the City’s Human Resources Department for disbursal