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84-25-Ordinance-Amending Personnel Policies-12/03/1984CITY OF SANGER, TEXAS CITYSECRETARY ORDINANCE NO. 84-25 AN ORDINANCE AMENDING CHAPTER 7, SECTION VII OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, ENTITLED PERSONNEL POLICIES TO PROVIDE FOR DISCIPLINARY ACTION AND TERMINATION, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 7, SECTION VII .OF THE SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS FOLLOWS: VII. DISCIPLINE, APPEALS, AND GRIEVANCES A. POLICY The City of Sanger expects its employees to accept reasonable and appropriate work assignments willingly and to perform them in a satisfactory manner. Employees are also expected to comply with all rules, regulations, and policies pertain- ing to job performance standards and personal conduct on the job. If an employee fails to perform satisfactorily or if his/her personal conduct is unacceptable, disciplinary action may be taken. The City of Sanger will attempt to review and resolve all employee problems as promptly and equitably as possible and at the lowest possibly organizational/supervisory level. All employees will be provided with a fair, expedient, objective, and consistent means of resolving work related problems. B. GROUNDS FOR DISCIPLINARY ACTION The department head or designee thereof may take disciplinary action against an employee. The employee may be disciplined if disciplinary action is deemed appropriate by the employee's immediate supervisor or other city personnel having responsi- bility for such employee's area or work. Nothing in this manual shall be considered to infringe on such a right, if any, existing in any employee prior to the adoption of this manual. Nothing in this manual shall be considered to create a property right in employment. No employee shall have a contractual right in continued employment except by specific written contract. It is not the policy of the city to dis- charge an employee arbitrarily or capriciously. Guidelines for discipline shall include but shall not be limited to the following: a. Illegal, unethical, abusive, or unsafe acts. C. b. Violation of rules, regulations, policies, or procedures. c. Insubordination. d. Inefficiency. e. Incompetency. f. Neglect of duties. g. Failure to report injuries to immediate supervisor. h. Participation in prohibited political activities. i. Unauthorized soliciting while on duty. j. Tardiness. k. Failure to conduct himself/herself in a courteous and proper manner while on duty. 1. Falsification of official documents or records. m. Use or being under the influence of .drugs or alcoholic. beverages not prescribed by a physician while on duty. n. Damaging city equipment, tool, machines,, and/or property; and failure to report such cases. o. Wasting materials and supplies. p. Carelessness, recklessness, and/or engaging in horseplay. q. Immoral conduct or indecency. r. Abuse of illness, injury, disability, or other benefits. s. Threat of an abusive or violent act. t. Unauthorized use or disclosure of official information. u. Unauthorized or improper use of official authority. v. Alteration of any time cards, sick time, or vacation hours for any reason. TYPES OF DLSCIPLINARY ACTION. Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction involved and the record of the employee. Formal disciplinary action shall include written reprimand, suspension, reduction in pay, demotion, and dismissal. Any of the foregoing types of formal disciplinary action may be invoked for a particular deficiency or infraction, depending upon the exact circumstances. An employee may be - 2 - CITY SECRETARY formally warned at any time that he or she may be dismisseRIIA COPY or otherwise disciplined for further unsatisfactory perform- ance and/or conduct. Nothing herein shall prohibit the administration of informal disciplinary action, such as oral reprimands. Informal disciplinary action may be documented in the employee's official personnel file at the discretion of the department heads. D. WRITTEN REPRIMAND In the interest of good discipline, an employee may be formally reprimanded in writing. The reprimand shall describe the deficiency or infraction involved and shall state the likely consequence of further unsatisfactory performance and/or conduct. A copy of the reprimand shall be permanently kept in the employee's official personnel file. E. SUSPENSION In the interest of good discipline, an employee may be suspended without pay for up to thirty (30) calendar days in any one (1) calendar year. A notice of suspension must be given to the employee which describes the deficiency or infraction involved and which states the likely consequences or further unsatisfactory performance and/or conduct. The suspension shall be permanently noted in the employee's official personnel file. When an employee is under investi- gation for a crime or official misconduct or is awaiting hearing or trial in a criminal matter, he or she may be suspended without pay for the duration of the proceedings when such suspension would be in the best interests of the city and the public. If the investigation or proceedings clear the employee, he or she shall be eligible for rein- statement with full pay and benefits restored. F. REDUCTION IN PAY In the interest of good discipline, an employee's pay may be reduced within reason. A written notice of reduction must be given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/or conduct. The reduction shall be permanently noted in the employee's official personnel file, but the employee shall not be disqualified from consideration for later pay increases. G. DEMOTION In the interest of good discipline, an employee may be demoted. A notice of demotion must be given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/or conduct. The demotion shall be permanently noted in the employee's official personnel file, but the employee shall not be disqualified from consideration for Later advancement. - 3 - SECETA' C RCINN Cr)py'i H. DISMISSAL In the interest of good discipline, an employee may be dismissed from the city service. A written notice of dismissal must be given to the employee which describes the deficiency or infraction involved. I. DISCIPLINARY PROCEDURES In the event of disciplinary action involving written reprimand, suspension, reduction in pay, demotion, or dismissal, the city may elect to follow procedures set out in this section. If the procedure involves possible suspension or dismissal, an employee may be temporarily suspended with pay until a hearing may be conducted. As promptly as practicable, the employee shall be given a letter setting out the reasons for suggestion of discipline and notifying the employee of a hearing before the town administrator or his designated representative date and time, or such hearing which shall be not less than three (3) days after the date the letter is posted (or furnished to the employee, if it is hand -delivered). The employee may respond in writing to the charges against him, and additionally may respond orally to the supervisor who has proposed the disciplinary procedure. The hearing will be conducted fairly and the employee will have an opportunity to fully dispute the charges he faces. To the extent practicable, the hearing will not be conducted by the official or supervisor originating the proposal or discipline, but will be heard by such super- visory personnel as the city administrator shall appoint. The person conducting the hearing shall be selected both for his impartiality and his knowledge of the area of work of the employee in question. These procedures are guidelines only, and it is recognized that it may not be possible to adhere to them in every case. They are not intended to impose on the city any burden of furnishing an employee with substantive or procedural due process. Records of the disciplinary procedures (including any corre- spondence) shall be kept confidential unless the employee elects to make them public. It is not the purpose of the city to damage the reputation of an employee in any disciplinary matter, and city employees shall attempt to avoid doing so. Employees and their supervisors are encouraged to resolve disciplinary problems informally by private conference before resorting to disciplinary procedures, but they shall not be required to do so. Both employees and their supervisors are encouraged to weigh the seriousness of a personnel dispute, and not to burden the time of others with minor problems over requests for time aff,overtime, work assignments, lunch and coffee breaks and the like. - 4 - CITY SECRETARY Should a hearing take place, it shall be conducted MIGINALCOPY public (private) to the extent practicable, unless the employee requests it to be public. The hearing shall be confined to a consideration of the reasons for proposed discipline which were set out in the notice letter. Should the reasons not have previously been give, the employee may request that reasons for the disciplinary proposal be given and reduced to writing, and the hearing recessed for one (1) day or longer in order to allow the employee to consider the reasons given. At a hearing, the supervisor proposing the disciplinary proceedings may respond to questions from the employee, but should keep such responses brief and objective. The employee will be advised of the reasons for the proposed discipline in sufficient detail to allow him to offer evidence of any error which he believes may have occurred. He will be furnished, where possible, with the names of individuals who may testify against him and the nature of their testimony. He may call witnesses and present evidence in his own behalf. He may examine the witnesses and may challenge evidence presented against him. Formal rules of evidence need not. be followed. The party conducting the hearing shall rule thereon as soon after the conclusion of the hearing as possible. If discipline is proposed, the hearing officer shall in writing confirm the reasons, which reasons will be confined to those previously set out in writing. The ruling shall be kept confidential unless the employee requests it be made public. Nothing in this manual shall abridge any right of public access under the state statutes providing for open meetings and access to public records. To the extent possible, for the protection of all concerned, ruling will be reduced to writing. It is recognized that public officials act properly when they respond to public inquiry. In that event, or in the event an employee believes the disciplinary procedure may have damaged his professional reputation, as well as the employee's good name, reputation, honor and integrity, whether in terms of integrity or ability or otherwise, the employee may by Letter within ten (10) days, calendar days, request an appeal in accordance with Section 10, in order to present evidence to refute any aspect off the information he believes has been harmful to him. He may request that the hearing be public. The request shall be made and filed with the town administrator within ten (10), calendar days as provided in Section 10 hereof after the initial disciplinary hearing has occurred. All hearings shall be conducted in accordance with the Open Meeting law. J. APPEALS OF DISCIPLINARY ACTION Appeal of disciplinary action taken under this chapter may be appealed in writing to the city administrator within ten (10) calendar days following actual action or notice thereof. Upon receipt of the written intent to appeal a disciplinary action, the city administrator shall place the appeal on the - 5 - CITY SECRETARY agenda of the next regular city council meeting. ThgRIGINALCOPY city council, after careful investigation of the facts, shall have broad authority to approve, disapprove, modify, or rescind any disciplinary actions taken or proposed. The decision of the city council shall be final. All provisions j.et out in Section 9 above shall to'the extent possible be followed on appeals as well. K. PROBATIONARY EMPLOYEES Unless furnished by their supervisors with a written letter to the contrary, all new employees shall be on probation for six (6) months. They may be discharged or disciplined during the probationary period for any reason, and no reason need be assigned by the city nor will the city be obligated to implement any notice or hearing procedure in regard thereto. Completion of the probationary period shall not be considered to give an employee any property interest in continued employ- ment. It is the policy of the city not to discharge a probationary employee arbitarily or at the will or caprice of his supervisor. It is not the policy of the city to discharge a probationary employee for submitting a grievance or criticism of city government. L. GRIEVANCE PROCEDURES Employees shall be encouraged to informally take any job related compiaints or problems to their immediate supervisors. Following informal discussions, an employee remaining dissatis- fied with a working condition or some other aspect or employment not subject to appeal of disciplinary action procedures may submit a written grievance to his or her department head within fifteen (15) calendar days after the cause of the grievance arises or becomes known to the employee. It shall be the responsibility of the department head to study the grievance and attempt to resolve it within ten (10) calendar days. Further discussions with the grievant shall be encouraged. If the grievance cannot satisfactorily be resolved within ten (10) calendar days, the department head shall refer it with comments and/or recommendations to the city administrator, if necessary. If the grievance cannot be resolved by the city administrator, employees may request that the grievance be submitted to the city council for resolution. Supervisors and employees should make every effort to resolve grievances at the lowest level possible. Employees shall be kept informed of the status of their grievances. If a person in the supervisory chain fails to resolve or refer a grievance within ten (10) calendar days, the employee may present the grievance directly to the next higher level of supervision. It is the policy of the city not to discourage an employee from submitting a grievance through any type of disciplinary procedure or form of pressure on the employee. The employee should keep in mind the responsibility of the city to its citizens and to the public. It is the responsibility of the employee to assist in discharging this responsibility 6 - by contributing to a good working relationship among employees in the city government. In order to minimize disruption of the operation of city government and damage to the reputation of the city among its citizens, the employee is encouraged to use this grievance procedure, particularly when dealing with a matter of the employee's personal interest. However, each employee is free as a citizen to speak on matters of public concern and to bring to light actual or potential wrong doing or breach of public trust. SECTION II All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase,,clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION IV This Ordinance wi11 take effect immediately from and after its passage and the publication %J the caption as the law in such cases provides. PASSED AND APPROVED this day of „ , 1984, by the City Council of the City of Sanger, Texas. ATTEST: City retary APPROVED: - 7 Mayor