No Disciplinary Action No employee shall be discharged, penalized, coerced, intimidated or disciplined for acting in compliance with the Occupational Health and Safety Act, its regulations and codes of practice and environmental laws, regulations or codes of practice.
Disciplinary Action Supervisors shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to a written reprimand. In emergency situations supervisors may relieve employees of their duties, pending further action by a department head. Department Heads shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to dismissal from employment. The City Manager shall be vested with the powers to discipline employees, and for cause, may discipline up to dismissal from employment. Any proposed disciplinary action greater than a written reprimand requires prior consultation with the Human Resources Director. The employee shall have the right to request another employee or bargaining unit representative be present when the employee is called into a meeting that he/she reasonably believes could result in disciplinary action, or where the purpose of the meeting is to propose or impose discipline, or where the purpose of the meeting is to appeal disciplinary action as provided within this section. Once the employee has designated a representative, all subsequent correspondence shall be sent to the representative at the same time the correspondence is sent to the employee. Any employee disciplined shall be immediately notified in writing of such charges or actions, by U.S. Postal Service mail (with at least mail delivery confirmation) or delivery in person. Any employee aggrieved by such action may utilize the Disciplinary Action Appeal Procedure as hereinafter set forth, as a means of appeal from such by the City. Any time limit described in the appeal procedures may be extended only by mutual agreement in writing. Failure by the employee or the employee’s representative to initiate or appeal within the prescribed time limits shall waive the right of the employee and the employee’s representative from appealing the discipline. In the case of an appeal, the City’s last answer shall be final and conclusive. The failure of the City to respond to an appeal within the prescribed time limits shall be cause for the employee to automatically appeal the discipline to the next step.