HomeMy WebLinkAboutORD 85-33 - Disciplinary Action AppealsAN ORDINANCE FOR THE ESTABLISHMENT
OF A WRITTEN, FORMAL DISCIPLINARY
ACTION APPEALS PROCEDURE FOR THE
EMPLOYEES OF THE CITY OF GEORGETOWN
WHEREAS, the City of Georgetown lacks a written, formal appeals process to
assure individual employees that procedural due process will be afforded them in
the event that disciplinary action is taken against them, and
WHEREAS, the City Council of the City of Georgetown recognizes that
employees of the City of Georgetown are the City's most valuable asset and
resource, and
WHEREAS, the City Council has determined that fair and objective decisions
regarding disciplinary action are essential in creating a better working
environment, better working relationships, and better employees
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS®.
That this ordinance shall stand as the official policy of the City of
Georgetown regarding appeals of disciplinary decisions involving suspensions,
demotions, and terminations. It shall be known as the Disciplinary Appeals
Procedure.
Section 1. DEFINITIONS. For the purposes of this ordinance, the following
definitions shall apply:
(a) City Employees - All full-time, full-salariedemployees of the
City of Georgetown, other than the City Manager, any Director, or
other officer or official appointed by the City Council.
(b) Probationary Employees - Those new employees so designated as
"probationary" 'according to the established practice of the City
and/or according to other requirements legally establishing
probationary periods that are binding upon the City and its
ancillary departments.
(c) Disciplinary Action -- A suspension without pay, a demotion or
reduction ?n ran , or a termination of employment.
(d) Working Day -- A regular business day of operation by the City of
Georgetown normally, Monday through Friday, not including
weekends or officially designated holidays.
Section 2. DISCIPLINARY APPEALS PROCEDURE. Any City employee, other than
a probationary employee, who is the subject of a disciplinary action shall
be given notice of the complaint filed against him or her and shall have
the right to appe=al the disciplinary action in a public hearing before the
City Council of the City of Georgetown. Such public hearing shall be
conducted so that pertinent, and relevant facts and information relating to
the alleged misconduct and the disciplinary action taken or to be taken,
are presented, and the employee is given full and fair opportunity to speak
in his or her defense during said hearing. The City Council shall then
render recommendations to the City Manager for final action.
Section
3.
COMPLAINTS.
Before disciplinary
action
maybe taken on
a
complaint against a City employee,
the complaint must be
filed in writing
and
must be
signed
by the person
making the
complaint.
(An oral rendering
of
the complaint
may
serve as
the basis of a
written complaint.)
A copy of
the
signed
complaint
shall
be provided to
the affected
employee within
a
reasonable
time after
the
complaint has
been filed
and before any
disciplinary
action is
taken
against the employee.
Section 4. DISCIPLINARY ACTION.
(a) If disciplinary action is taken against a City employee other
than a probationary employee, the employee is entitled to a
public hearing before the City Council of the City of Georgetown.
In cases of suspension and/or demotion, such appeal for a
public hearing shall be available only after the employee has
pursued an intermediate appeal to the City Manager. A
non -probationary employee who has been discharged or whose
employment with the City has been indefinitely suspended or
terminated may appeal directly to the City Council for a public
hearing prior to the actual termination.
(b) In the event a non --probationary employee appeals a suspension or
a demotion, the affected` employee shall first be providedthe
opportunity to discuss the action with the employee's immediate
supervisor. After such discussion, or attempted discussion,, the
affected employee may request that the appeals procedure be
initiated. Such request must be made in writing to the City
Manager within five (5) working days of his or her receipt of
notice that disciplinary action will be taken. Upon receipt of
the employee's request, the City Manager shall conduct a meeting
between the affected employee, the affected employee's immediate
supervisor, the department head and/or the director within five
(5) working days. The City Manager shall render a decision
regarding the appeal with five (5) working days after the
conclusion of the joint meeting. The City 'Manager shall also
provide a copy of such decision to the affected employee, the
department head/director and the Mayor and City Council.
(c) If the employee wishes to appeal such decision or a decision by
the City Manager regarding a termination, the employee shall
request in writing within five (5) working days after the City
Manager renders his or her decision that the City Manager place
the topic on the agenda of the next regular Council meeting or on
the agenda of a special Council meeting so called by the Mayor
for open hearing. Such regular Council meeting or special
Council meeting shall be conducted within fifteen (15) working
days of the request. The City Mana9er shall notify the Mayor and
the City Council of the request for open hearing before the City
Council within five (5) working days after the employee files a
request for said hearing.
Section 5. PUBLIC HEARING, The City Council shall conduct a public
hearing regarding the facts or information leading to the disciplinary
action taken or to be taken. The hearing shall be 'fair and impartial and
the ,employee shall be given full and fair opportunity to present his or her
defense. The City Council shall consider the facts and information
pertinent to the alleged misconduct and the disciplinary action taken or to
be taken. The City Council may administer oaths, subpoena witnesses, and
compel the production of books, papers, and any other evidence material to
the inquiry or hearing in accordance with Section 2.05 of Article II of the
Home Rule Charter of the City of Georgetown.
(a)
The affected employee, as well as the City
Manager and/or
director, is entitled to examine any document,
paper, book or
REPEAL PROVISIONS.
other material considered in the formation of
the charges or
relied upon at any stage of the proceeding, including,
but not
limited to, the public hearing before the City
Council itself.
If the affected employee, chooses,, he or she may be
represented by
counsel or by a person of his or her choice,
and present
any reason
witnesses in his or her defense, and cross examine
any adverse
to
witness or 'witnesses.
sentence, e
(b)
,After allowing the employee sufficient time to present his or her
of this
case and rebut evidence to the contrary, the Mayor
shall
for
take
an
individual poll vote of the Council members present
regarding
their recommendations to
the City Manager as
to
the final
disposition of the action taken
or to be taken.
(c)
The individually polled recommendations of the
Council members
regarding the final disposition of the disciplinary
action shall
be presented to the City Manager, who shall
then render a
decision into the record of the Council meeting
based upon the
facts and information of the employee's
misconduct,
and other
information pertinent to the disciplinary action,
as well as the
recommendations of the City Council
Section
5. EFFECTIVE DATE. This ordinance applies only
to disciplinary
against a City employee on or after the effective date of
action instituted
the passage
of this ordinance by the City Council of the City of
Georgetown,
Texas.
Section 7.
PARTIAL
INVALIDITY
AND
REPEAL PROVISIONS.
That if
any
section,
any reason
held
to
be
sentence, e
ause or
phrase
of this
Ordinance is
for
illegal, ultra vires or unconstitutional, such invalidity shall not affect
the validity of the remaining portions of this Ordinance. All ordinances
and parts of ordinances in conflict herewith are hereby repealed.
Section 8. CAPTIONS; INTERPRETATIONS. The captions used in connection
with the paragraphs and sections of this agreement are for convenience only
and shall not be deemed to construe or limit the meaning of the language
contained in this ordinance and agreement or used as interpreting the
meanings and provisions hereof®
APPROVED this r4?�, day of 1C�1ujP� n�1>e t , 1985.
ATTEST
APPROVED
STUMP & STUMP
r
BY .'._
;CITY ATTORNE`! s'