3.79.110 Job performance and changes in employment status

3.79.110 Job performance and changes in employment status.

A. Trial Service Period. Regular full-time employees shall serve a trial service period upon initial hire, promotion, demotion or transfer into regular positions. The trial service period is an integral part of the selection process. The length of the trial service period shall be established by the city manager or his/her designee.

The city manager or his/her designee may extend the trial service period where further trial service is considered appropriate and in the best interests of the city. The city manager or his/her designee shall develop and implement rules relating to the extension of trial service periods.

B. Performance of Employees. The city manager or his/her designee shall develop and implement rules relating to the review of employee job performance, consequences where performance is not satisfactory and merit increases.

1. Causes for Discipline. Regular status employees are subject to discipline for cause, up to and including termination from employment, where their acts or omissions have or may have an adverse effect on their ability to perform their job or have or may have an adverse effect on other employees or the city. Causes may include, but are not limited to:

a. Insubordination;

b. Unprofessional conduct, including disorderly conduct, indecent language, and immoral acts;

c. Unauthorized use of property;

d. Unauthorized use, release, or disclosure of confidential information;

e. Failure, inability or refusal to perform assigned duties; or performing job duties in an unsatisfactory, negligent or careless manner;

f. Verbal or physical abuse or harassment of an employee, a customer of the city, or a member of the public;

g. Making malicious, false, or derogatory statements about another employee;

h. Falsification of an employee’s application for employment, or of medical, time, or other records;

i. Habitual or unexcused absences or tardiness or abuse of any other leave policies;

j. Unauthorized absence from work for a period of three consecutive days (abandonment of position);

k. Theft, deliberate destruction, abuse or unauthorized possession of city property, or any other malicious or careless acts causing property damage, accidents or expense while acting in the scope of his/her employment;

l. Dishonesty;

m. Unlawful discrimination against or unlawful harassment of another employee, a customer of the city, or a member of the public;

n. Possession, sale, purchase, distribution, consumption, or being under the influence of alcohol or controlled substances while at work locations, or while on duty, subject to being called to duty or while on standby duty;

o. Sale or manufacture of illegal drugs off duty;

p. A positive random drug test;

q. Failure or refusal to submit immediately to an alcohol or drug test or analysis when lawfully requested by a manager or supervisor;

r. Failure to comply with safety or security policies and procedures, or any conduct endangering the life, safety or health of self or others;

s. Possession or use of unauthorized explosives, unauthorized firearms, or other dangerous weapons on city premises;

t. Violation of city policy or procedure;

u. Subsequent to being hired, a conviction of a felony or misdemeanor; or

v. Misconduct of any kind not otherwise specified, or any other acts or omissions of an employee, that are inimical to the good working order of the city.

2. Imposition of Discipline. The level of discipline imposed is left to the discretion of the appointing authority or his/her designee based on a consideration of the totality of the circumstances, including progressive discipline and the severity of the infraction. Only regular full-time employees are entitled to be disciplined only for cause. At-will employees may be terminated at any time, with or without cause. The city manager or his/her designee shall develop and implement rules for imposing discipline consistent with this code.

3. Levels of discipline include any of the following:

a. Oral warning;

b. Written reprimand or warning;

c. Suspension without pay;

d. Demotion;

e. Discharge.

4. Process for Implementing Significant Discipline. The city manager or his/her designee shall develop and implement rules for imposing and appealing discharge, demotion, and suspensions without pay in accordance with this code and applicable law.

5. Liberty Interest Hearing. Where an employee is terminated from employment under circumstances requiring a liberty interest hearing, such hearing will be provided as required by law.

D. Resignation. Employees who resign from their employment with the city shall provide the city with reasonable advance notice of their resignation including the effective date of the resignation.

E. Layoff/Retention. The city shall have the right to reduce the number of employees of the city due to reasons of reorganization, a change in the duties of a position, lack of work, changing needs of the organization, insufficient funding or operational analysis. The city manager or his/her designee shall develop and implement rules for the redeployment or layoff of employees that are no longer needed in their current position, including the effects of such redeployment or layoff on wages, benefits and reinstatement. The city manager or his/her designee shall have the discretion to develop rules providing for severance pay in the event of layoff of regular status employees in an amount not inconsistent with budget constraints, and to determine when and in what circumstances these rules shall apply. (Ord. 6153 § 3, 2014; Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)