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O-88-2363 - 10/13/1988ORDINANCE NO. t214-5 AN ORDINANCE AMENDING CHAPTER 7, SECTION 1, THE CITY OF ROUND ROCK PERSONNEL RULES AND PROCEDURES, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS; BY AMENDING RULE 14, CONDUCT AND DISCIPLINE, OF THE PERSONNEL RULES AND PROCEDURES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL Of ROUND ROCK, TEXAS I. That Chapter 7, Section 1, Code of Ordinances, City of Round Rock, Texas, is hereby amended by deleting Rule 14, of the Personnel Rules and Procedures and substituting the following: RULE 14 - CONDUCT AND DISCIPLINE 14.1 EMPLOYEE CONDUCT GENERALLY It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore high standards of conduct are essential. 14.2 IMPROPER EMPLOYEE CONDUCT Improper conduct may be cause for disciplinary action. The term "improper conduct" means not only any improper action by an employee in the employee's official capacity, but also conduct by an employee not connected with the employee's official duties which affects the employee's ability to perform official duties, and any improper use of the position for personal advantage. In addition, improper conduct includes, but is not limited to, the following: a) b) c) d) e) f) g) h) i) j) T3OCONDUCT Violation of any Federal, State or local impacting the employee's fitness for employment. Being under the influence of intoxicating unprescribed narcotics or drugs while on duty. Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor or City management official. Inefficiency, incompetence, carelessness or negligence in performance of duties. law directly beverages or Inattention to duty, tardiness, carelessness or negligence in the care and handling of City property. Loss or misuse of City funds. Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies. Claim of sick leave under false pretense or misuse of sick leave. Furnishing false information to secure appointment. Absence from duty without authorized leave, failure to report after leave of absence has expired or after such leave of absence has been disapproved, revoked, or cancelled. k) Violation of the provisions of these rules and regulations, Departmental Rules and Policies, or any written policies which may be prescribed by the City. 1) Acceptance by; an employee of any bribe, gratuity, kickback, or other item of value when such is given in the hope or expectation of receiving preferential treatment. m) Outside work which creates a conflict of interest with City work, or detracts from the efficiency of the employee in the effective performance of City functions. n) Failure to obtain or maintain necessary qualification, certificate, or license, which is required as a condition of employment. o) Abuse of alcoholic beverages and drugs. The use of drugs or alcoholic beverages other than those prescribed by a registered physician by any employee during normal working hours including reporting to work under the influence of such drugs or alcoholic beverage will be grounds for disciplinary action. Failure of a supervisor or manager to report any misconduct of City employees of which the supervisor or manager has direct personal knowledge. p) q) Any verbal or physical conduct directed toward a co-worker which would constitute sexual harassment. r) Delinquency in payment of city utility services. City employees are paid by funds, the majority of which are derived from City taxes and revenues from utility services; therefore, employees should be most prompt to pay such obligations. s) Excessive use of telephone for personal calls. Telephones have been installed for business purposes and are available to conduct City business. Personal calls should be kept to a minimum. The phones in most areas in the City are restricted to local calls only and long distance calls must be placed through the switchboard operator. The switchboard operator is required to keep a log of all business and personal calls. Employees are required to reimburse the City for any personal long distance calls. t) Unacceptable grooming habits. City employees in daily contact with the public are representatives of the City. A well-groomed appearance will faster a favorable impression on the citizens of Round Rock. u) Any other conduct of equal gravity to that enumerated above. 14.3 DISCIPLINARY ACTION The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of these Rules. 14.3.1 Oral or Written Reprimand When the Department Head or immediate supervisor determines more severe action is not immediately necessary, he/she may orally or in writing communicate the deficiency or problem observed to the employee. If the reprimand is put in writing, a copy shall be filed in the employee's personnel file after a copy has been given to and signed by the employee. Refusal to sign shall be noted before filing. Failure to correct deficiencies and improve to meet standards may result 2. in further discipline including suspension, reduction in pay, demotion, and/or discharge. The employee shall have the right to submit a written rebuttal to his or her Department Head or immediate supervisor and have a copy included with the original written communication in the personnel file. 14.3.2 Suspension a. By the Department Head - Procedure As a disciplinary action, a Department Head may suspend an employee for cause and without pay for up to five (5) working days. If suspension is for more than five (5) working days, the employee to be disciplined shall be entitled to meet with the Department Head to respond to the proposed disciplinary proceedings. b. By the Department Head - Emergency The Department Head may authorize immediate suspensions in an emergency situation or when the seriousness of a matter warrants. The suspended employee shall be subsequently provided written notice and the opportunity to meet with Department Head for the purpose of determining whether the immediate suspension shall be with or without pay. Additional appropriate disciplinary action may follow the suspension. c. Uncompensated Duty If the needs of the City so warrant, the Department Head may, at his/her discretion, recommend uncompensated duty in lieu of suspension. Such uncompensated duty shall be scheduled at the convenience of the City and equal in duration to the suspension. Additional duty in lieu of suspension will not be counted in base hours worked for the pay period. An employee may refuse uncompensated duty. Such refusal will result in no further disciplinary action and the suspension will be served as originally issued. 14.3.3 Discharge An employee may be discharged for cause by the Department Head upon the written recommendation of the employee's supervisor. Regular employees shall be discharged only after appropriate disciplinary proceedings. An employee serving an initial probationary period may be discharged by the Department Head after notice to the employee of failure to complete probation. An employee discharged during an initial probationary period may not utilize the appeal procedures in subsequent sections of this Rule. At the time of hire, an employee should be informed of discharge procedures applicable during probationary period. 14.3.4 Disciplinary Procedures Whenever any disciplinary action is to be taken, the Department Head shall notify the Assistant City Manage:: and the Personnel Office in writing. The Assistant City Manager shall be responsible for determining that the process outlined in Sections 14.4 {through 14.8 of this Rule is followed and that the action to be taken is in accordance with the Municipal Code and these policies. 14.4 NOTICE OF PROPOSED DISCIPLINARY ACTION Except in cases of emergency or when immediate action is 3. required, written notice of a proposed disciplinary action shall be given by the Department Head to the affected employee in accordance with procedures established by the City Manager. In cases of emergency or when immediate action is required to suspend the employee, the affected employee shall be verbally informed of the reasons for the immediate action and shall be served with a notice of disciplinary action as soon as possible thereafter. 14.5 INFORMAL DISCIPLINARY HEARING - DEPARTMENT HEAD An employee to be disciplined shall be entitled to an informal disciplinary hearing with the Department Head or his/her designee. The disciplinary hearing shall be an informal meeting at which the employee has an opportunity to rebut the charges against him/her or to state any mitigating circumstances. The informal disciplinary hearing must be requested by the employee within three (3) working days of the receipt of the notice of proposed disciplinary action. The Department Head will conduct the hearing within five (5) working days and shall render a decision and notify the employee of his/her decision, in writing, within five (5) working days of the informal hearing. 14.6 FORMAL NOTICE OF DISCIPLINARY ACTION Following conduct of the informal disciplinary hearing, or following no request for such informal hearing by the required date, the Department Head shall prepare a written notice of disciplinary action to be taken and the effective date of the action. The notice shall be delivered to the employee and a copy filed with the Assistant City Manager and Personnel Office before the effective date of the proposed action. The complaint and any written materials related to the investigation of said complaint shall be confidential. 14.7 APPEAL OF DECISION - CITY MANAGER Employees may appeal a discharge, a suspension of more than five (5) days, or a demotion to the City Manager. Such disciplinary actions may be appealed in writing to the City Manager within ten (10) working days from the date of receipt of the formal notice of disciplinary action from the Department Head. A copy of the written appeal shall be filed with the Department Head, Assistant City Manager and the Personnel Office. The appeal shall contain a written narrative by the employee of the action appealed, giving dates of occurrences or conditions, as applicable. The Department Heed shall prepare a written statement regarding the issues being appealed and transmit it to the City Manager with copy to the employee and the Personnel Office. Unless the appealing employee waives the time limits, the City Manager shall hear the matter not less than five (5) working days nor more than fifteen (15) working days from the date of filing. 14.7.1 Appearance of the Appellant Unexcused absence of the appellant at such hearing shall be deemed a withdrawal of the appeal and consent to the action or ruling from which the appeal was filed. 14.7.2 Hearing Procedure Hearings shall be informal. The City Manager may receive and consider such oral, written, and physical evidence as he deems pertinent, and may receive it in such order and manner as in the judgment of the City Manager is fair and equitable in each case. Nothing herein shell be construed to require observance of the formal rules of evidence or other formality in the conduct of the hearing; nor shall such informality in 4. the proceedings invalidate any decision rendered by the City Manager. 14.7.3 Findings and Decisions a. Within ten (10) working days after concluding the hearing, the City Manager shall certify his findings and actions in writing. The decision of the City Manager shall be final. b. Should the City Manager find an employee was suspended, demoted, or discharged without sufficient cause, he shall order the employee restored to his/her status prior to the action and shall order payment of the salary and benefits, and credit for service to which the employee would have otherwise been entitled. c. The City Manager may, at his discretion, order alternative disciplinary action of equal or greater, or lesser severity than that appealed. d. The findings of the City Manager shall be filed as a permanent record with the Personnel Office, and a certified cipy shall be delivered to any employee, officer, or other persons affected by the findings. 14.7.4 Continuances The City Manager may grant a continuance of any hearing for good cause. 14.8 RETRIBUTION FOR APPEAL No employee shall be penalized in any way for use of, or participation in, the appeal process. 14.9 DISCIPLINARY ACTION AGAINST DEPARTMENT HEADS The City Manager may, at his sole discretion, initiate disciplinary action against a Department Head including oral or written reprimand; suspension, reduction in pay, demotion or discharge as defined herein. In the event of such disciplinary action, the Department Head shall be entitled to an informal disciplinary hearing with the City Manager. The disciplinary hearing shall be an informal meeting at which the Department Head shall be afforded an opportunity to rebut the charges against him/her or to state any mitigating circumstances. The informal disciplinary hearing must be requested by the Department Head within three (3) working days of being notified of the disciplinary action. The City Manager will conduct the hearing within five (5) working days and shall render a decision and notify the employee of his/her decision, in writing, within five (5) working days of the informal hearing. The decision of the City Manager is final. Failure to request such informal hearing shall be deemed consent to the disciplinary action. II. A. All ordinances, parts of ordinances or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 5. READ AND APPROVED on first reading this the / day of Cetobtib , 1988. READ, APPROVED and ADOPTED on second reading this the day of , 1988. MIKE ROBINSON, Mayor ATTEST: JeANNE LAND, City Secretary DATE: October 11, 1988 SUBJECT: Council Agenda, October 13, 1988 ITEM: 10H. Consider an ordinance amending the Personnel Policy. (First Reading) STAFF RESOURCE PERSON: Sam Huey STAFF RECOMMENDATION: Implement these changes to Rule 14 of the Personnel Policy. These are refinements to areas of the Personnel Policy that have come under question as the policy has been used on a day to day operation of the City. ECONOMIC IMPACT: