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14 <br /> <br />3.8 Americans with Disabilities Act (ADA) <br />The Americans with Disabilities Act (ADA) protects qualified individuals with a disability against <br />employment discrimination. The term “disability” includes physical or mental impairments that <br />substantially limit one or more major life activities, or where an individual has a record of <br />impairment or is regarded as having impairment. <br /> <br />3.9 Disciplinary Steps <br />City employees shall be subject to disciplinary action for failing to fulfill their duties and <br />responsibilities, including observance of work rules and conditions of employment. It is the policy <br />of the City to administer disciplinary penalties without discrimination. Every disciplinary action <br />shall be for “just cause” and the employee may use the grievance procedures as outlined in <br />Section 3.10 of this Personnel Policy with respect to any disciplinary action that he/she believes <br />is unjust or disproportionate to the offense committed. The City Administrator or a department <br />director may direct an investigation into any alleged violation before any disciplinary action is <br />taken. <br />Any employee subject to the provisions of this policy or any other departmental policy may be <br />terminated from City employment only for cause. The particular dismissal, demotion, or <br />suspension shall be based on the individual facts and circumstances involved. <br />Steps <br />Except for severe infractions, disciplinary action will generally be progressive and follow the steps <br />listed below: <br />1. Coaching. Any violation of rules and regulations will be explained to the employee by <br />his/her supervisor, indicating the corrective action necessary to prevent recurring <br />violations. <br />2. Written Reprimand. A written reprimand states that the employee is being disciplined for <br />misconduct, describes the misconduct and past actions taken by the department director <br />or City Administrator to correct the problem, and outlines future disciplinary action if the <br />misconduct continues. The employee shall be given a copy of the reprimand and sign the <br />original acknowledging that he/she has received the reprimand. The employee’s <br />signature does not mean that he/she agrees with the reprimand. <br /> <br />3. Suspension without Pay. Prior to the suspension, or as soon thereafter as possible, the <br />employee shall be notified in writing of the reason for the suspension, its duration, and <br />further disciplinary actions should the misconduct continue. An employee may be <br />suspended pending investigation of an allegation. A copy of each written statement shall <br />be placed in the employee’s personnel file. If an allegation is proved to be false, the <br />statement will be removed and the employee will receive back pay. <br />4. Demotion. The City Council may, upon recommendation of the City Administrator, <br />demote an employee for just cause. The employee will be provided with a written <br />56