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:
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ON
ommy ncaid, Mayor
AT ST:
Rosalie Chavez, City Secreta'` °A
P OVED S T FY
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CITY ATTORNEY