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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'