Table of Contents: Chapter 4

[+]

415 DISCIPLINARY ACTIONS

415.1 Generally

Any action which reflects discredit upon the municipal service or is a direct hindrance to the effective performance of the City government shall be grounds for disciplinary action against any employee of the City. Whenever and wherever people work together, people must conform to standards of reasonable conduct to maintain an orderly efficient atmosphere. Accordingly, a City employee may be disciplined up to and including dismissal in order to protect the rights of others and to encourage correct conduct and cooperation.

Notwithstanding anything herein, all employees are at will per Missouri law; and the City and/or employee may terminate the employment relationship with or without reason. The City has established a process to address disciplinary issues outlined herein. Although one or more of these forms of discipline may be taken, no formal order or system is necessary, and the City reserves the right to administer such discipline as it in its sole discretion believes appropriate.

415.2 Classifications of Offenses

The offenses detailed in subsections below are listed in two (2) main categories to provide City employees with an understanding of what can be expected if certain policies or procedures are violated. Although it would be impossible to make a comprehensive list of all work rules that could result in disciplinary action of any kind, the following rules are examples of some of the activities that could result in consequences if an employee violates any one of them. The list of prohibited conduct does not alter the City's policy of "at will" employment. Either the City and/or employee may terminate the employment relationship with or without reason.

The two (2) areas listed below, however, should provide guidance as to what discipline may apply for situations not listed.

415.2.1 Serious offenses. The following offenses are extremely serious and, due to their severity, will usually subject an employee to immediate dismissal:

1. Drinking, selling or possessing intoxicating liquor or non-intoxicating beer on duty or on City premises; or reporting for duty drunk or impaired by intoxicating liquor or non-intoxicating beer; being on duty so intoxicated as to be unable to properly perform assigned duties, or to be a hazard to self or others;

2. Unauthorized use or possession of controlled substance, imitating a controlled substance or drug paraphernalia on City premises or while on duty or while off duty; reporting for duty while under the influence of a controlled substance;

3. Sale or unauthorized transfer of controlled substances, imitating a controlled substances or drug paraphernalia on City premises or during duty hours or off-duty hours;

4. Insubordinate defiance of authority, refusal to comply with proper orders, wanton disrespect to authorities, or wanton disregard of directives or insolence;

5. Sleeping while on duty, except where authorized;

6. Theft of City property or the property of another, actual or attempted;

7. Dishonesty, deliberate misrepresentation, or falsification of facts; exaggeration or concealment of a material fact in connection with any official document; or withholding of material facts in connection with matters under official investigation;

8. Loss of, intentional damage to, unauthorized use or destruction of City property (including motor vehicles), records, or information;

9. Fighting, threatening, or inflicting bodily harm on another, physical resistance to lawful authority or indecent or immoral conduct while on the job;

10. Off-duty conduct of such major import that the employee is unable to fulfill his/her job responsibilities; off-duty misconduct of such significance that there is an adverse effect upon the City;

11. Misuse or unauthorized use of City monies, property, or equipment;

12. Unauthorized possession or use of firearms, dangerous weapons or explosives while on duty;

13. Serious inefficiency, improper judgment, or incompetence that severely hampers productive operations, safety or health of others;

14. Absence from duty for two (2) consecutive working days without prior notice to and approval of the appropriate supervisor is considered job abandonment;

15. Falsification of records or the use of official position for personal advantage, or the attempt to use official position to influence the results of an official investigation;

16. Criminal convictions for acts or conduct occurring on or off the job that are plainly related to the job performance and are of such nature that to continue the individual as an employee would impair carrying out the City's responsibility to its citizens or to other City employees or if not related to job performance would place the City's image in an unfavorable light;

17. Failure to comply with departmental or divisional policies, special rules or instructions established by a supervisor when such violation or a failure to obey amounts to an act of insubordination or a serious breach of proper discipline;

18. Compromising an examination through unauthorized possession, use, or furnishing to others examination information or materials;

19. Participating in an unlawful work slowdown, sit-down, or similar concerted interference with City operations;

20. Discrimination or harassment of other employees or supervisory personnel, including sexual harassment of another employee or a member of the public while on duty, whether verbal or physical, when submission to such conduct is an explicit or implicit condition of employment, when submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;

21. Abuse of City's sick leave or misrepresentation of sick leave use;

22. Acts, omissions, or other conduct prejudicial to the interests of the City, such conduct reflecting discredit upon the City or resulting in a direct hindrance to the effective performance of municipal government functions or the exercise of improper judgment that results in a loss of trust or confidence in the employee.

415.3 Other Offenses

The following list of offenses is of the nature that generally will be handled by forms of minor discipline, (such as verbal warnings or suspensions without pay). The failure to correct the violation of these "other offenses" may, however, result in more serious disciplinary action up to and including discharge if warranted by the circumstances. In appropriate cases, an offense may be treated as serious even though listed as "other."

1. Delay or failure to carry out assigned work or instructions in a reasonable period of time;
2. Leaving job without permission;
3. Failure to request leave according to established procedures;
4. Loafing on duty while not on authorized rest periods;
5. Careless workmanship or neglect of duty (may be treated more severely where consequences are extreme);
6. Careless use of City property resulting in possible or actual damage or disruption of City services; or impedes productivity;
7. Failure to observe recognized or instructed safety practices, including failure to use safety equipment such as eye protective devices or safety shoes, and failure to follow established safety procedures;
8. Conduct that adversely affects productivity, discipline, or morale; use of abusive or offensive language, quarreling or inciting to quarrel;
9. Interfering with the productivity of others while on the job;
10. Accepting money or favors or gifts for personal gain for work done as a City employee;
11. Excessive time at breaks or lunch hour;
12. Failure to complete reports promptly and accurately;
13. Horseplay (may be considered serious, depending on the circumstances);
14. Failure to report work-related injury or accident or non work-related injury or illness that may affect work performance immediately;
15. Failure to report absence prior to beginning a shift;
16. Failure to be courteous;
17. Switching schedules with another employee without prior approval of management;
18. Failure to follow department operating procedures or administrative policies;
19. Unauthorized use of City communication devices;
20. Unauthorized use or abuse of City materials or equipment or allowing such use or abuse;
21. Showing disrespect or disregard for authority (may be treated as a "serious" offense if there are aggravating circumstances);
22. Excessive absenteeism or tardiness;
23. Breach of confidentiality of nonpublic information (may be treated as a serious offense based upon circumstances);
24. All employees shall be required to work overtime when necessary or in emergency situations, and disciplinary action may be taken against employees who, without good or sufficient reason refuse to work overtime; fail to appear when scheduled to work overtime; or having indicated s/he would work overtime, fail to appear.

415.4 Applicability

For employees that have not successfully completed their appropriate initial probationary period, are not governed by this section. As set forth in Section 112, at any time during the probationary period, an employee whose performance does not meet the required standards may be dismissed by an appointing authority provided, however, that such action and the reasons therefore must be reported in writing to the City Manager and the employee concerned. Further, this section is not applicable to temporary employees as set forth in Section 104.

This process applies to all regular full time, part-time, and shift employees.