Common use of Off-Duty Misconduct Clause in Contracts

Off-Duty Misconduct. The City may only discipline employees for off-duty misconduct where such conduct may adversely affect the employee’s performance of his work duties or ability to function with others in the department or adversely affects the department’s effectiveness in the community. There must be a reasonable and direct relationship demonstrated between the grounds for discipline and either the employee’s ability to accomplish his or her duties satisfactorily or some other legitimate department interest. When an employee is alleged to have engaged in serious misconduct, but the City has not had sufficient opportunity to investigate the allegations to make a disciplinary determination, the City may place the employee on administrative leave with pay pending the initial hearing or final outcome of the investigation.