Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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