§ 37.053. DISCIPLINARY ACTIONS.  


Latest version.
  • (A) The policy of the city is to be patient, fair and consistent in the administration of the organization and its employees. When problems arise, emphasis is on improvement and/or correction rather than punishment. However, willful, continued or inexcusable breaches of city employment rules must be dealt with firmly under a uniform policy which applies to all employees.
    (B) When an employee fails to follow any rule, regulation, operating procedure or job requirement, or when actions reflect discredit upon the organization, one of the following measures shall apply, depending upon the circumstances involved and the severity of the offense:
    (1) Verbal warning (reprimand).
    (a) In the case of a minor infraction, the immediate supervisor or Department Director shall administer the reprimand without rancor as soon as possible after the offense.
    (b) The date of the reprimand, along with a description of the occurrence which prompted the reprimand and any comments the employee may have made, shall be noted and placed in the employee’s departmental personnel folder by the person giving the reprimand. (If the individual departments do not have employee folders, a copy of the reprimand shall be placed in the employee’s file in the personnel office.)
    (2) Written warning.
    (a) In the case of either a second minor infraction or a more serious first infraction, the immediate supervisor or department director shall give the employee a written warning specifying the reasons for the warning and noting any previous verbal and/or written warnings.
    (b) Written warnings shall state that the employee’s performance will now be reviewed on a daily basis for improvement and explain the consequences of continued infractions.
    (c) The employee shall sign the written warning or the warning shall be signed by a witness; a copy of the written warning shall be forwarded to the Personnel Officer to be placed in the employee’s personnel folder.
    (3) Suspension.
    (a) After either a serious violation or repeated minor violations, the department director shall either:
    (1). Suspend the employee, with pay, until the Mayor reviews the violations; and/or
    (2). Request, in writing, that the Mayor suspend the employee with or without pay. The request shall include the reasons for the suspension, along with details of previous disciplinary action taken against the employee.
    (b) The Mayor may suspend an employee, with or without pay, for any period up to and including four calendar weeks, depending upon the severity of the offense.
    (c) If an employee is suspended with pay due to an investigation of alleged offense, a maximum time limit shall not apply.
    (d) The suspended employee shall be notified of the suspension in writing within five working days after the time of suspension. The notice shall include the reasons for and duration of the suspension, if known.
    (e) Employees suspended without pay for a period of four working weeks shall forfeit fringe benefits, including accrual of sick and vacation leave and the city’s contribution to life and medical insurance, during the period of suspension.
    (4) Dismissal.
    (a) When an offense is continually repeated, or misconduct is serious enough for discharge on the first offense, a department director may recommend dismissal of an employee. The recommendation shall include the reasons for dismissal, details of previous disciplinary action taken against the employee and the recommended effective date and time of discharge.
    (b) Final and formal discharge of an employee shall come from the Mayor.
    (5) Demotion or transfer.
    (a) In the event that an employee becomes unable to perform the duties as stated in the position description, he or she may be transferred or demoted in lieu of taking any disciplinary action, provided the employee meets the qualifications for the position and the position is vacant.
    (b) The action shall be recorded in the employee’s personnel folder.
    (C) These procedures shall not be applicable for sworn police personnel in any instance where the procedures in KRS Chapter 95 and 15.520 are applicable.
    (1989 Code, § 37.048) (Ord. 1773, passed 6-27-1988)