Sec. 25-14.06. Notice of Proposed Disciplinary Action.
a.Except for reprimands, written notice of proposed disciplinary action shall be served on the employee personally or by certified mail to the last known address, and a copy of the notice shall be submitted to the Human Resources Director (Ord 3385; 02/07) for inclusion in the employee’s personnel file. Failure to receive mailed notice shall not be grounds for reversal or delay of the proposed discipline.
b.At a minimum, the written notice shall contain the following information:
1.The disciplinary action proposed;
2.The effective date of the action;
3.The reason or cause for the action;
4.A statement that the employee may inspect copies of all materials upon which the action is based;
5.A statement that the employee has the right to representation and to respond, either orally or in writing, to the authority initially imposing the discipline.
c.Except in instances where disciplinary action must be taken immediately, the notice shall be provided the employee at least five (5) working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action shall not become final until notice has been furnished the employee as noted above and the employee has had an adequate time of not less than five (5) working days to respond to the proposed discipline.
d.Any employee may be immediately suspended with or without pay by a department head pending proposed discipline in any situation where the employee is accused of misconduct which constitutes job related moral turpitude, or where the employee’s presence at the workplace could result in a disruption or interruption. The determination of whether the suspension will be without pay shall be made by the City Manager and shall be based on the severity of the misconduct alleged, the conclusiveness of the evidence of misconduct, and the nature of discipline proposed by the department head.
e.Should the employee fail to respond to the notice of proposed disciplinary action as outlined in Section 14.06.b.5 and 14.06.c., such action shall constitute a waiver of all rights to appeal under these rules. (Ord. 3273, 2000)