24341289.pdf

\n\n--- Page 1 ---\n\nHuman Resources Policies Number E-3 (Replaces Policy 19) Code of Conduct/Disciplinary Procedures I. Objective: All employees in the City of Gainesville are members of a select group working together for the main purpose of serving the community. Any employee who fails to follow the necessary rules and regulations governing their conduct is not only penalizing themselves, but is also doing a disservice to all of the other City employees. The Code of Conduct Rules and Regulations are not intended to restrict or impose on the individual, but are designed to insure the rights and safety of all City employees and to provide working guidelines to assure equitable and businesslike deportment to efficiently service the community effectively. II. Administration: In recognition of the fact that each instance differs in many respects from a somewhat similar situation, the City retains the right to treat each violation of the Code of Conduct on an individual basis without creating a binding precedent for other cases which may arise in the future. Examples that are given in any rule do not limit the generality of the rule. The Code of Conduct Rules and Regulations are not to be construed as a limitation upon the retained rights of the City, but rather serve as guidelines. These rules and regulations provide a minimum range of penalties which apply for the specific offenses. This means that a more severe penalty may be issued than that which appears in the standard procedure if sound discretion requires it. When a position has become designated as a Director of a Department (Article III of the City Charter), the provisions of this Policy, E-3, shall no longer be applicable to an employee holding such position as a regular employee, except that such employee shall remain protected by the provisions of City Charter Section III(G). III. Procedures: A. Written Instruction and Cautioning: Whenever an employee's performance or attitude falls below an acceptable level, the supervisor should inform the employee promptly of such lapses in performance and give counsel and assistance to the employee. An Employee Notice form should be issued defining the nature of the infraction under the Code of Conduct and an explanation that future occurrences will result in progressive disciplinary action, up to and including dismissal. Instances of violations of the Code of Conduct should be specifically referred to by date and incident. Page 1 of 13\n\n--- Page 2 ---\n\nCode of Conduct/Disciplinary Procedures Number E-3 B. Employee Notice Form: In all cases of disciplinary action, the Department Head, Division Head or Supervisor initiating the process is required to complete an Employee Notice form (available online under HR forms) informing the employee of the action taken. An Employee Notice Form which requires suspension, demotion or termination must be signed as reviewed by the Human Resources/Organizational Development (HR/OD) Department prior to issuance and a copy of such notice must be sent immediately to the HR/OD Department following the discussion with the employee for placement in the employee's personnel folder. The employee's immediate supervisor usually initiates an Employee Notice. C. Suspensions: 1. In General: An employee may be suspended indefinitely or for any specified period of time without pay for offenses as defined by the Code of Conduct or for violation of departmental rules and regulations by the immediate supervisor or other superiors subject to the approval of the HR/OD Department and the appropriate Department Head. In the case of a public safety agency, the immediate supervisor or other superior may suspend an employee and later obtain the necessary review by the HR/OD Department and approval of the Department Head. Only in extraordinary circumstances and with the express approval of the Human Resources Director/Designee shall employees be suspended with pay. In all cases of suspension, an Employee Notice form must be completed, signed as reviewed by the HR/OD Department and submitted to the employee along with a copy to the Human Resources Director. 2. Normal Suspensions: Except in cases of suspensions in contemplation of termination, and except where the employee's presence poses a continuing danger to persons or to the orderly operation of City government, the employee shall be notified orally or in writing of the accusations/charges against the employee and the factual basis therefor prior to the effectiveness of the suspension. Prior to issuance of said notice, and prior to a suspension, the Supervisor, Superior, or Department Head must give the accused employee a reasonable opportunity to explain the employee's version of the facts surrounding the accusations. Immediately thereafter, the Supervisor, Superior, or Department Head may take such action as is deemed appropriate. Page 2 of 13\n\n--- Page 3 ---\n\nCode of Conduct/Disciplinary Procedures Number E-3 3. Extraordinary Suspensions: In cases where the employee's presence poses a continuing danger to persons or to the orderly operation of City government, the employee may be immediately suspended, but shall be notified in writing of the charges against the employee and shall be given an opportunity to rebut same within ten (10) days after the suspension. D. Demotion and Decrease in Pay: Department Heads may demote an employee in pay grade with a decrease in salary and job responsibilities, as appropriate, for such time as is necessary to correct deficiencies in job performance or job qualifications. The duration of such demotion and reduction in pay and responsibilities, as appropriate, may be temporary or permanent, as appropriate, under the circumstances. A permanently demoted employee is entitled to advance under the pay plan as any other employee based upon job performance. Prior to the proposed demotion, the employee shall be given written notice of the reasons for the proposed demotion and further shall be given the opportunity to rebut said reasons before the appropriate Department Head. If the Department Head determines demotion is proper, an Employee Status Maintenance Transaction (ESMT) form shall be completed which shall include the specific reasons for the demotion. E. Terminations: 1. In General: These procedures for dismissal are promulgated to minimize the risk of improper terminations associated with any such processes. The term "Charter Officer" as used herein shall refer to the City Manager, the General Manager, the Clerk of Commission, the Equal Opportunity Director, the City Auditor and the City Attorney for employees under general direction of those offices. Such terminology shall also include a duly authorized designee of the Charter Officer. A probationary or temporary employee may be dismissed with or without cause at the sole discretion of the Department Head (if any) with review by the HR/OD Department. A regular employee may be dismissed only for cause as outlined in the Code of Conduct and Disciplinary Procedures and this policy by the Department Head (if any) with review by the HR/OD Department. Other than probationary or temporary, such dismissals shall be accomplished by means of an Employee Status Maintenance Transaction Page 3 of 13\n\n--- Page 4 ---\n\nCode of Conduct/Disciplinary Procedures Number E-3 (ESMT) form accompanied by a full and detailed Employee Notice form prepared by the Supervisor and Department Head, copies of which shall be submitted to the employee, and the Human Resources Department. 2. Normal Termination Procedure: Prior to the proposed termination, the employee shall be suspended without pay pending the outcome of the informal conference and shall concurrently, or immediately thereafter, receive written notice of the reasons for the proposed termination either by hand delivery or by registered U.S. mail. Such notice shall also specify a time, no sooner than two (2) working days nor later than five (5) working days, foll