Fayette Discipline Policy ordinance (§ 125.840)

A. It shall be the duty of all City employees to comply with and assist in carrying into effect the provisions of the City's personnel rules and regulations.

B. Employee's and Superintendent's responsibilities.

1. It is the duty of every employee to function as a member of a team, working well together, demonstrating flexibility and positive attitude. All employees are encouraged to make suggestions and recommendations through the appropriate chain of command for the purposes of work efficiencies, economy, and positive public relations.

2. It is the duty of every employee to attempt to correct any faults in their performance when called to their attention and to make every effort to avoid conflict with the City's rules and regulations.

3. It is the duty of every Department Head/Superintendent and the City Administrator or Public Works Director to discuss and document improper or inadequate performance with the employee in order to correct the deficiencies and to decrease the need to exercise further disciplinary action.

C. Progressive Discipline.

1. Discipline shall be whenever possible, of an increasingly progressive nature, with the progression being.

a. Warning;

b. Suspension without pay;

c. Demotion; and

d. Probation.

2. In appropriate situations, a combination of these may be used. The Department Head/Superintendent and the City Administrator or Public Works Director shall decide which disciplinary action is to be applied but shall keep the Board of Aldermen fully informed.

D. Grounds For Action. Disciplinary action toward a City employee shall be based on substantive reason resulting from an employee's failure to comply with reasonable and just expectations of job requirements, attendance and punctuality, loyalty to the City and the spirit of its ordinances, and for any other unacceptable insubordination or failure to perform in a competent and prudent manner. In addition, any employee may be disciplined for reason of conviction of a felony or, where the public's faith, safety and security, and general expectation is such that prudent disciplinary action of a progressive nature is clearly indicated and not in violation of employee rights under State and Federal law.

E. Department Heads/Superintendents. Superintendents shall be subject to disciplinary action as specified above with the action initiated by the City Administrator or Public Works Director and supported by the Mayor and by a majority of the Board of Aldermen.

F. Employee Notice. A written notice shall be given to each employee by the City Administrator or Public Works Director stating the reasons for the disciplinary action and the date it is to take effect. The notice is to be given to the employee at the time such action is taken and in any event not later than three (3) working days from the date of action. A copy of the notice signed by the employee in the employee's file shall serve as evidence of delivery. In the event the employee refuses to sign, the City Administrator or Public Works Director shall document the refusal. Reasonable confidentiality shall be maintained and in keeping with reasonable "need to know." Employees shall be given written notice of the effective date of dismissal.

G. Evidence. Normally, the deterioration of an employee's conduct is a progressive problem and every effort should be made to reverse this trend as soon as it is apparent. Based on this philosophy, sufficient evidence should be available in the employee's personnel file to justify the action taken.

H. Right Of Appeal. The appeal process as outlined in Article VIII shall be available to the employee if he/she wishes.