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A. Discipline. The following section applies only to those employees who are not subject to the terms and conditions of a collective bargaining agreement and who do not have a written individual employment agreement with the City.

1. General. Employees may be disciplined for cause as determined by their supervisor, Department Head, or the City Administrator. Probationary, temporary, hourly, and on-call employees, as at-will employees, may terminate their employment and may be discharged with or without notice and with or without cause. Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the City or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, willful violation of departmental rules, city policy, state law, commission of any matter listed in AMC Section 3.08.100 (A)(2) or for political activities forbidden by state law.

2. Causes for Warning, Suspension or Dismissal. Disciplinary action may be imposed upon any employee for failing to fulfill their responsibilities as an employee. Conduct reflecting discredit upon the City or department or which is a direct hindrance to the effective performance of City functions, shall be considered good cause for disciplinary action. General reasons for which an employee may be disciplined include but are not limited to:

a. Drinking intoxicating beverages or use of illegal drugs while on the job, or arriving on the job under the influence of intoxicating beverage or illegal drugs;

b. Violation of a lawful duty,

c. Breach of discipline;

d. Incompetence;

e. Being absent from work without permission or failing to report to the supervisor or Department Head when absent;

f. Being habitually absent or tardy;

g. Failure to perform assigned work in an efficient manner, being wasteful of material, property, or working time;

h. Abusive language or conduct;

i. Inability to get along with fellow employees so that work being performed is hindered or below required standards;

j. Committing a felony or being convicted of a misdemeanor involving moral turpitude;

k. Use of religious, political or fraternal influence in the pursuit of City business;

l. Willful or flagrant violation of safety rules;

m. Violation of the City’s Code of Ethics;

n. Willful failure to follow a lawful directive from a direct supervisor.

3. Forms of Discipline. In general, the City will follow principles of progressive discipline when implementing discipline. However, the form of discipline to be imposed in a particular situation will depend on factors such as the severity of the offense, the number of occurrences of the same or similar offenses, the employee’s work history and record of prior discipline with the City and any other relevant factors. Disciplinary action generally will consist of one or more of the following:

a. Oral warning;

b. Written reprimand;

c. Suspension;

d. Demotion;

e. Discharge.

4. City Reservation. The City reserves the right, depending on the circumstances of the particular situation, not to follow progressive discipline and to implement or impose one or more of these disciplinary actions, to bypass one or more of these disciplinary actions or to take or implement other forms of disciplinary action if determined to be appropriate by the employee’s supervisor, Department Head, or the City Administrator. The City further reserves the right to take or implement nondisciplinary actions that may be appropriate as part of a corrective action plan, including, but not limited to, unscheduled performance evaluations, work plans, last chance agreements, additional supervision or training, referral to counseling or mediation, restructuring of job assignments, or other actions as deemed appropriate.

5. Employee Right to Grieve. Disciplinary actions imposed on nonrepresented employees that are otherwise subject to the grievance process may be grieved under the provisions of AMC 3.08.110 Discipline or discharge of probationary, temporary, hourly and on-call employees is not subject to the grievance process.

B. Discharge.

1. Discharge of regular employees. Regular employees may be discharged from City service for cause as determined by the employee’s Department Head or the City Administrator.

2. Discharge during probationary period. All employees on probation are at-will employees and, as such, may terminate their employment and may be discharged with or without cause and with or without notice as determined by an employee’s Department Head or the City Administrator.

3. Discharge of temporary, hourly and on-call employees. Temporary and on-call employees are at-will employees and, as such, may terminate their employment and may be discharged with or without cause and with or without notice as determined by an employee’s Department Head or the City Administrator.

4. Eligibility for rehire. Employees who are discharged for cause are not eligible for rehire in any City Department unless rehire is approved by the City Administrator. (Ord. 3078, added, 11/20/2012)

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