§ 3.04.470. Disciplinary action—Grounds.

Regular city employees subject to these rules or any departmental regulations may be disciplined for cause. Cause for disciplinary action includes acts involving unsatisfactory work performance by an employee, or other employee conduct that may prejudice the public interest, including but not limited to the following (administrative regulations and procedures, which the city manager may issue, consistent with this title, may provide more information on this subject):

A.

Job duties.

1.

Incompetence or inefficiency; failure to perform adequately the assigned duties of the job;

2.

Insubordination; failure to comply with the orders of a supervisor, including but not limited to refusal to work overtime;

3.

Failure to adhere to the established work schedule; failure to obtain authorization for overtime prior to overtime worked as established by general written department policy;

4.

Failure of any supervisor to adequately perform supervisory duties.

B.

City property and information.

1.

Misuse of city resources, including theft, destruction, negligent or unauthorized use of city money or property or misuse prohibited by administrative regulations or procedures;

2.

Unauthorized disclosure of confidential information from city records or documents, as set forth by applicable laws of the state; or falsification, destruction or unauthorized use of city records, reports, or other data belonging to the city.

C.

Safety, drug use, and legal matters.

1.

Failure to report an industrial accident or injury to the manager or risk management, or disregard for safety rules or common safety practices, including but not limited to applicable administrative regulations and procedures;

2.

Use or possession of any deadly weapon, in a city vehicle, or on city or customer premises or in public while representing the city in any capacity except:

a.

Otherwise lawful use or possession of an otherwise legal folding knife,

b.

Use or possession of a deadly weapon specifically authorized as part of the employee's official duties;

3.

Assaulting a co-worker;

4.

Intoxication; impairment; or use of an illegal drug while working; or violation of any city administrative regulation or procedure establishing a drug free workplace policy;

5.

Violation of any applicable rules on tobacco smoking in city owned or operated buildings or vehicles;

6.

Conviction of any felony or any lesser crime involving moral turpitude, including but not limited to crimes involving theft or dishonesty;

7.

Violation of any federal or state law or administrative regulation or procedure pertaining to employment; including but not limited to those on sexual or age harassment or equal employment opportunity.

D.

Other conduct issues.

1.

Violation of any personnel rule or administrative regulation or procedure or any departmental rule, regulation, procedure or order;

2.

Misconduct; conduct or language toward the public or toward city employees that discredits, disrupts or interferes with cooperative and effective public service;

3.

Using threatening, harassing, intimidating, coercing or abusive language or behavior toward fellow employees, customers, or the public while representing the city in any capacity;

4.

Inappropriate subordinate and supervisor relationships, as these rules prohibit;

5.

Abuse of sick leave; the claim of sickness under false or misleading pretenses;

6.

Unexcused absence or tardiness; absence without proper authorization or absenteeism or tardiness as it negatively impacts the workplace;

7.

Violating applicable laws, ordinances, rules, regulations or procedures on ethics in public contracting or conflict of interest, including, but not limited to title 4, chapter 12, Part VIII of this Code; accepting gifts or gratuities in exchange for the influence of the employee in the performance of the employee's official city duties, acceptance of a gift or of preferred consideration or taking advantage, without city authorization, of a city contract by receiving a special city price or discount for personal gain;

8.

Use of official position or authority for personal profit or advantage;

9.

Distribution of literature, vending, or soliciting or collecting contributions on city time and in public areas without prior authorization of the city manager;

10.

Knowingly making a false statement, failing to answer questions in a complete manner, or making a misrepresentation concerning matters of employment, including but not limited to employment applications, grievance proceedings, discipline proceedings or related investigations;

11.

Revealing confidential personnel information, contrary to the Colorado Open Records Act or applicable statutes, rules or regulations, city administrative regulations, or procedures, or other rules of law or discussing confidential personnel information contrary to directions from a supervisor;

12.

Other acts or omissions this Code prohibits or makes subject to disciplinary action or that adversely affect the welfare of citizens, other employees or the effective operation of the city.

(Code 1981, § 1-23-9(9-1); Code 1993, § 3.04.470; Ord. No. O-79-13; Ord. No. O-85-14, § 1; Ord. No. O-86-21, § 8; Ord. No. O-93-51, § 8; Ord. No. O-2000-10, § 6)