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3.8 Americans with Disabilities Act (ADA) <br />The Americans with Disabilities Act (ADA) protects qualified individuals with a disability <br />against employment discrimination. The term "disability" includes physical or mental <br />impairments that substantially limit one or more major life activities, or where an individual has <br />a record of impairment or is regarded as having impaiiinent. <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 <br />policy of the City to administer disciplinary penalties without discrimination. Every disciplinary <br />action 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 <br />steps 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 <br />for misconduct, describes the misconduct and past actions taken by the department <br />director or City Administrator to correct the problem, and outlines future disciplinary <br />action if the misconduct continues. The employee shall be given a copy of the reprimand <br />and sign the original acknowledging that he /she has received the reprimand. The <br />employee's signature does not mean that he /she agrees with the reprimand. <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 and its duration. <br />Upon the employee's return to work, the employee shall be given a written statement <br />outlining further disciplinary actions should the misconduct continue. An employee may <br />be suspended pending investigation of an allegation. A copy of each written statement <br />shall 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 department director and <br />City Administrator, demote an employee for just cause. The employee will be provided <br />with a written statement of the reason for the demotion. The written statement will be <br />8 <br />