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46 <br />termination. If requested, the City will provide reasons, in writing, within five working days. <br />This notice will along with reasons, contain a statement indicating that the employee may <br />respond to the charges both orally and in writing and may appear personally before the official <br />having authority to make or recommend the final decision. The notice will also contain a <br />statement that the employee is entitled to a hearing as provided within this section. If such a <br />hearing is held, the dismissal shall not become effective until after the hearing. <br /> <br />Other Disciplinary Actions <br /> <br />The following other disciplinary actions may be taken against any employee: <br /> <br />a. Involuntary demotion. <br /> <br />b. Forced transfer to a comparable position. <br /> <br />c. Withholding a salary increase or decreasing the employee's salary. <br /> <br />Hearing <br /> <br />In any case of suspension, dismissal, or demotion, the regular full-time or regular part-time employee <br />shall be granted a hearing upon written request for such a hearing made to the City Administrator <br />within five working days of notification of the action taken. The hearing shall be before the City <br />Council. The hearing shall be held within 10 working days from the date the request is filed unless the <br />City and the employee agree on a later date. Employees in the Learning and Evaluation Period are not <br />entitled to such a hearing. <br /> <br />If after the hearing, the hearing body finds that the charges are sustained, the dismissal, suspension, or <br />demotion shall be final in the absence of court action. If the body finds that the charges are not <br />sustained, the employee, if he or she has not been suspended pending investigation, shall be reinstated <br />and paid all back pay due for the period of suspension. If there has been no suspension, the employee <br />shall be continued in the position as though the disciplinary action had not been taken. Findings by the <br />hearing body shall be in writing and filed with the City Administrator within three days after <br />completion of the hearing. The hearing body shall give written notice of the decision to the employee <br />and to the disciplinary authority. If the disciplinary action involves the removal of a veteran, the <br />hearing shall be held in accordance with MN Stat. 197.46. <br /> <br />Major Work Rule Offenses <br /> <br />An employee shall be subject to immediate disciplinary action, without warning, up to and including <br />discharge, for the violation of any of the following rules. Discharge may result for good cause other <br />than those specified. <br /> <br />1. Incompetency and/or inefficiency in the performance of job duties. <br /> <br />2. Insubordination, which is the refusal to comply with the supervisor's instructions <br />unless such instructions are injurious to employee's safety or health, or are <br /> considered to be an unlawful act.