16. Discharge, Reduction, and Suspension
16.A - Procedures for Discharge, Reduction and Suspension
For disciplinary purposes, appointing officers shall have the power to discharge, reduce, or suspend without pay, any employee subject to the appeal process contained herein. Any suspension without pay by the appointing officers may not exceed 30 working days.
When an appointing officer has good reason to believe that any employee has given cause for their reduction, either in rank and/or compensation, or for discharge, the appointing officer shall notify said employee, in writing, served personally or through the mail, at the employee's last known address, setting forth the charges against the employee. A copy of this communication shall, at the same time, be filed with the Office of Human Resources. Suspensions may be issued verbally.
The appointing officer, after notifying an employee of their discharge, may allow the employee to resign unless the employee is guilty of a crime or misdemeanor. If the employee resigns no further proceedings shall be taken.
16.B - Cause for Discharge, Reduction or Suspension
The following shall be cause for an employee's discharge, reduction, or suspension from the employee's position:
- Conviction for a criminal offense or for a misdemeanor involving immoral conduct; or
- Commission of an immoral or criminal act; but if such act is, at the time of the charge being considered, involved in a criminal proceeding before a grand jury or the courts, the employee so charged may request that the investigation be postponed or continued until such time as the criminal proceedings are terminated, and such request shall be granted; provided the employee shall be suspended from duty and provided the employee shall execute a waiver of all right to pay during said postponement; and provided further that the employee may have the hearing or investigation proceed at any time on ten days notice in writing; or
- Willful, wanton or culpably negligent brutality or cruelty to a prisoner or a person in custody; provided the act committed was not necessarily or lawfully done in self-defense, or to protect the lives of others or to prevent the escape of a person lawfully in custody accused of felony or gross misdemeanor; or
- Willful violation of any of the Civil Service Rules; or
- Conduct unbecoming a City employee; or
- Violation of any lawful and reasonable official regulation or order or failure to obey any lawful and reasonable direction made and given by the employee's supervisor, where such violation or failure amounts to an act of insubordination or a serious breach of proper discipline resulted, or might be reasonably expected to result in, loss or injury to the City or to the public or prisoners or wards of the City; or
- Intoxication on duty; or
- Contraction of some infectious disease or ailment or defect which permanently incapacitates the employee for the proper performance of the duties of their position; or
- Commission of an act which amounts to an act of insubordination, or to disgraceful conduct, whether such acts were committed while on duty or off duty; or
- Wanton offensiveness in language or conduct toward the public or toward City employees; or
- Incompetent or inefficient performance of the duties of the employee's position (specific instances to be charged); or
- Carelessness or negligence of City property; or
- Failure to pay or make reasonable provision for future payment of the employee's debts; or
- Use of threat or attempt to use political influence in securing promotion, leave of absence, transfer, change of grade, pay or character of work; or
- Direct or indirect solicitation or receipt of any assessment, subscription, or contribution for any political party or political purpose whatsoever; or
- Inducement or attempt to induce a City employee to commit an unlawful act or to act in violation of any lawful and reasonable regulation or order; or acceptance of any fee, gift or other valuable in the course of the employee's work or in connection with it, for the employee's personal use from any person, when such fee, gift or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons; or
- Absence from duty without leave contrary to the Civil Service Rules or failure to report after leave of absence has expired or after such leave of absence has been disapproved or revoked or canceled; however, if such absence or failure to report is excusable, the appointing officer and the Civil Service Commission may ignore the charges; or
- Any false statements or fraudulent conduct or deception, or connivance with any person in making any false statement, engaging in any fraudulent conduct, or in attempting any deception in any official City business; or
- Absence from duty and fraudulent request for leave with pay; or
- Any false statement or fraudulent conduct in order to obtain compensation from the City; or assistance of any employee in fraudulently obtaining compensation from the City; or
- Any other failure to comply with the provisions of the collective bargaining agreement for the group which includes the employee's title.
- Any violation of Minnesota Statute 181.932 which prohibits discharge, discipline, threatening, acts of discrimination, or penalization of an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because:
- the employee, or a person acting on behalf of an employee, in good faith, reported a violation or suspected violation of any federal, state, or local law, rules or regulation to an employer, governmental body or law enforcement official;
- the employee is requested by a public body or office to participate in an investigation, hearing or inquiry; or
- the employee refuses an order to perform an action they have an objective basis in fact to believe violates any federal, state, or local law, rule or regulation, after the employee informs the employer that is their basis for refusal.
16.C.1 - PROCEDURES FOR APPEALING DISCHARGE, OR REDUCTION, OR SUSPENSIONS
The employee may appeal the appointing officer's action before the Civil Service Commission. The Office of Human Resources shall be contacted within 5 calendar days of notice if a hearing is requested.
STRICKEN - C.F. 87-319 - EFFECTIVE 3-12-87
(Following Sections relettered)
See Grievance Procedure
(Also see 86-1223)
If any member of the Civil Service Commission, after having been notified of a hearing date, is unable to attend said hearing or has a conflict of interest, they shall notify the Mayor, who shall within 5 days, nominate an alternate member, subject to the approval of the Council, who shall have the same power as the regular members of the Civil Service Commission during the hearing. No person shall serve as an alternate member of the Civil Service Commission at any time while holding any public office; or while standing as a candidate for any public office, Notary Public excepted; or while holding public employment; or while serving as a paid officer or employee of any political party or any employee organization.
16.D - Voluntary Reduction
Any regular employee or any employee who is eligible for reinstatement, may be reduced at the employee's request, either in rank or compensation or to a lower grade position, provided the examination upon which the appointment of such employee was based was of a character and standard substantially to test fitness to perform the duties of the position to which such reduction is requested; or provided that the reduction is to a classification in which the employee has previously held a regular appointment.