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07-21-03-Ordinance-Amending the Personnel Policy Standards of Conduct-07/07/2003ORDINANCE 07-21-03 THAT CHAPTER 9, ARTICLE 9.200 "PERSONNEL POLICIES ADOPTED", OF THE CODE OF ORDINANCES, SECTION 1.08, "STANDARDS OF CONDUCT" IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 9, Article 9.200 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by amending Section 1.08 of the Personnel Policies, which said section shall read as follows: 4.08 Standards of Conduct Whenever people gather together to achieve goals, some rules of conduct are needed to help everyone work together efficiently, effectively, and harmoniously. By accepting employment with us, you have a responsibility to the City of Sanger and to your fellow employees to adhere to certain rules of behavior and conduct. The purpose of these rules is not to restrict your rights, but rather to be certain that you understand what conduct is expected and necessary. When each person is aware that he/she can fully depend upon fellow workers to follow the rules of conduct, our organization will be a better place to work for everyone. Unacceptable Activities Generally speaking, we expect each person to act in a mature and responsible way at all times. If you have any questions concerning any work or safety rule, or any of the unacceptable activities listed below, please see your supervisor for an explanation. The violation of any of the following list of Unacceptable Activities can result in disciplinary action, up to and including termination. Nothing in the list alters the at -will nature of your employment. Either you or the City of Sanger may terminate the employment relationship, with or without reason and in the absence of any violation of these rules: 1. Violation of any city rule; any action that is detrimental to the City of Sanger; 2. Violation of security or safety rules or failure to observe safety rules of the City of Sanger safety practices; failure to wear required safety equipment; tampering with City equipment or safety equipment; Negligence or any careless action which endangers the life or safety of another person; 4. Being intoxicated or under the influence of a controlled substance while at work; use, possession or sale of a controlled substance in any quantity while on city premises, except medications prescribed by a physician which do not impair work performance; 5. Unauthorized possession of dangerous or illegal firearms, weapons or explosives on city property or while on duty; 6. Engaging in criminal conduct or acts of violence, or malting threats of violence toward anyone on city premises or when representing the City of Sanger; fighting, or provoking a fight on city property, or negligent damage of property; 7. Insubordination or refusing to obey instructions properly issued by your supervisor pertaining to your work; refusal to help out on a special assignment; 8. Threatening, intimidating or coercing fellow employees on or off the premises at any time, for any purpose; 9. Engaging in an act of sabotage; negligently causing the destruction or damage of City property or the property of fellow employees, customers, suppliers, or visitors in any manner; 10. Theft or unauthorized possession of City property or the property of fellow employees; unauthorized possession or removal of any City property, including documents, from the premises without prior permission from management; unauthorized use of City equipment or property for personal reasons; using City equipment for profit; 11. Dishonesty; falsification or misrepresentation on your application for employment or other work records; lying about sick or personal leave; falsifying reason for a leave of absence or other data requested by the City of Sanger; alteration of City records or other City documents; 12. Violating the non -disclosure agreement; giving confidential or proprietary City information to any unauthorized person; breach of confidentiality of personnel information; 13. Spreading malicious gossip and/or rumors; engaging in behavior which creates discord and lack of harmony; interfering with another employee on the job; restricting work output or encouraging others to do the same; 14. Immoral conduct or indecency on city property; 15. Conducting a lottery or gambling on city premises; 16. Unsatisfactory or careless work; failure to meet production or quality standards as explained to you by your supervisor; 17. Any act of harassment, sexual, racial or other; telling sexist or racist jokes; malting racial or ethnic slurs; 18. Leaving work before the end of a workday or not being ready to work, at the start of a workday without approval of your supervisor; stopping work before time specified for such purposes; 19. Sleeping or loitering during working hours; 20. Excessive use of city telephone for personal calls; 21. Smoking in restricted areas or at non -designated times, as specified by department rules; 22. Creating or contributing to unsanitary conditions; 23. Posting, removing or altering notices on any bulletin board on city property without the permission of an officer of the City of Sanger; 24. Failure to report an absence or late arrival; excessive absence or lateness; 25. Filling your own order or invoicing or ringing up your own order; 26. Obscene or abusive language toward any manager, employee or customer; indifference or rudeness towards a customer or fellow employee; any disorderly/antagonistic conduct on city premises; 27. Speeding or careless driving of city vehicles; 28. Failure to immediately report damage to, or an accident involving, City equipment; 29. Soliciting during working hours and/or in working areas; selling merchandise or collecting funds of any kind for charities or others without authorization during business hours, or at a time or place that interferes with the work, of another employee on City premises; or 30. Failure to use your time -sheet; alteration of your own time -sheet or records or attendance documents; punching or altering another employee's time -sheet or records, or causing someone to alter your time -sheet or records. Disciplinary Actions This Disciplinary Actions Policy applies to all regular employees who have completed the Introductory Period. This policy pertains to matters of conduct as well as the employee's competence. However, an employee who does not display satisfactory performance and accomplishment on the job may be dismissed, in certain cases, without resorting to the steps set forth in this policy. Under normal circumstances, managers are expected to follow the procedure outlined below. There may be particular situations, however, in which the seriousness of the offense justifies the omission of one or more of the steps in the procedure. Likewise, there may be times when the City may decide to repeat a disciplinary step. Discipline Procedure Unacceptable Activities, which do not lead to dismissal, may be dealt with in the following manner: 1. Oral Reminder 2. Written Warning Suspension To ensure that City business is conducted properly and efficiently, you must conform to certain standards of attendance, conduct, work performance and other work rules and regulations. When a problem in these areas does arise, your manager will coach and counsel you in mutually developing an effective solution. If, however, you fail to respond to coaching or counseling, or an incident occurs requiring formal discipline, the following procedures occur. Step One: Oral Reminder Your supervisor will meet with you to discuss the problem or violation, making sure that you understand the nature of the problem or violation and the expected remedy. The purpose of this conversation is to remind you of exactly what the rule or performance expectation is and also to remind you that it is your responsibility to meet the City of Sanger's expectations. You will be informed that the Oral Reminder is the first step of the discipline procedure. Your supervisor will fully document the Oral Reminder, which will remain in effect for three (3) months. Documentation of the incident will remain in the confidential department file and will not be placed in your personnel record, unless another disciplinary event occurs. Step Two: Written Warning If your performance does not improve within the three (3) month period, or if you are again in violation of the City of Sanger practices, rules or standards of conduct, your supervisor will discuss the problem with you, emphasizing the seriousness of the issue and the need for you to immediately remedy the problem. Your supervisor will advise you that you are now at the second formal level of disciplinary action. After the meeting your supervisor will write a memo to you summarizing the discussion and your agreement to change. A copy of the memo will be sent to your personnel file. The Written Warning will remain in effect for three (3) months. Step Three: Suspension If your performance does not improve within the three (3) month period following the Written Warning, or if you are again in violation of the City of Sanger practices, rules or standards of conduct, you may be suspended. The Suspension is the third and final step of the City of Sanger's disciplinary process. You will be allowed to return to work with the understanding that if a positive change in behavior does not occur, or if another disciplinary problem occurs within the next three (3) months, you may be terminated. If you are unwilling to make such a commitment, you may either resign or be terminated. Crisis Suspension If you commit any of the actions listed below, or any other action not specified but similarly serious, you will be suspended without pay pending an investigation of the situation. Following the investigation you may be terminated without any previous disciplinary action having been taken. 1. Failure to meet prescribed standards of work. 2. Theft of City Property 3. Destruction of City Property 4. Incompetence, inefficiency or negligence in the performance of duty. 5. Insubordination that constitutes a breach of discipline. 6. Conviction of a felony. 7. Unauthorized absence or abuse of leave privileges. 8. Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his duties. 9. Falsification of records. 10. Use of official position for personal advantage. 11. Use of City equipment or material for personal benefit. 12. Use and/or possession of intoxicants, drugs or narcotics while on duty. 13. Reporting for duty while under the influence of intoxicants. 14. Abuse or unnecessary rudeness to the public. The provision of this Disciplinary Policy is not a guarantee of its use. The City of Sanger reserves the right to terminate employment at any time, with or without reason. Additionally, the City of Sanger reserves the right to prosecute any employee for any of the above infractions." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, 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 portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 7th day of July, 2003 by the City Council of the City of Sanger, Denton County, Texas. APPROVED: rurrrak ON ommy ncaid, Mayor AT ST: Rosalie Chavez, City Secreta'` °A P OVED S T FY i A'(1 CITY ATTORNEY