Article IX. Discipline and Termination
2.55.610 Discipline.
(1) All employees are expected to exercise good judgment, loyalty, common sense, dedication, and courtesy in the performance of their duties. The primary mission of every employee is to provide courteous, orderly, efficient, and economic delivery of services to the citizens of the town.
(2) Acts, errors, or omissions which discredit the public service or impair the provision of orderly services to the citizens of the town may result in discipline, including termination.
(3) The mayor or supervisor, as appropriate, has full discretion and authority to impose disciplinary action in accordance with town policy and the circumstances of the particular case.
(4) The following are examples of the types of behavior which may result in discipline:
(a) Drinking alcohol or the abuse of nonprescription or prescription drugs or other controlled substances on the job, or arriving on the job under the influence of or while in possession of alcohol, drugs, or other controlled substances.
(b) Violation or willful neglect of a lawful duty.
(c) Insubordination.
(d) Absence from work without first notifying and securing permission from the supervisor.
(e) Habitual absence or tardiness for any reason.
(f) Unsatisfactory job performance, as determined by the town.
(g) Conviction of any felony or a misdemeanor involving moral turpitude.
(h) Acceptance of fees, gratuities or other valuable items in the performance of the employee’s official duties for the town.
(i) Inability, refusal or failure to perform the duties of the assigned job.
(j) Violation of duties or rules imposed by this chapter, or by any other town rule, regulation or administrative order.
(k) Discourteous treatment of coworkers, supervisors, elected or appointed officials, or the public.
This list is not all-inclusive, but only serves as a general guide. The town may discipline or terminate employees for other reasons not stated above.
(5) In the event that discipline is necessary, the following types of disciplinary actions may be used, depending on the particular situation:
(a) Oral Warning. An oral warning is a counseling session between the employee’s supervisor and the employee on the subject of the employee’s conduct and performance, or his/her failure to observe a rule, regulation, or administrative instruction. It is intended to increase an employee’s efficiency and value to the town by changing the employee’s conduct, attitude, habits, or work methods. Following the counseling session the supervisor shall document the oral warning and place it in the employee’s personnel file. The employee shall be provided a copy and initial the personnel file copy.
(b) Reprimand. A reprimand is a formal written disciplinary action for misconduct, inadequate performance, or repeated lesser infractions. Written reprimands are placed in the employee’s personnel file. The employee shall be provided a copy and initial the personnel file copy.
(c) Suspension. A suspension is a temporary, unpaid absence from duty which may be imposed as a penalty for significant misconduct or repeated lesser infractions. A suspension is a severe disciplinary action which is made part of the employee’s permanent record.
(d) Dismissal. As specified in CMC 2.55.620.
(6) Administrative leave without pay may be utilized by the mayor pending the results of an investigation or disciplinary action where the mayor determines those factors such as public confidence, the safety of the employee or the efficient functioning of the town call for such a suspension from duty.
(7) No employee will be disciplined for a discriminatory, retaliatory, or otherwise illegal reason. (Ord. 518 § 2, 2009)