Carmel-by-the-Sea Municipal Code Art. IX Disciplinary Actions

The disciplinary actions and procedural steps enumerated in this article apply to employees having regular status in the City. Employees having regular status have the right to appeal and hearing.

(Ord. 87-1 § 2, 1987)

The following disciplinary actions are available: counseling, oral reprimand, written reprimand, emergency suspension, suspension, disciplinary demotion, and dismissal.

(Ord. 87-1 § 2, 1987)

Counseling includes any informal discussion with an employee designed to assist the employee to fully develop skills and abilities. Counseling is usually conducted by the employee's immediate supervisor. Counseling is not appealable.

(Ord. 87-1 § 2, 1987)

An oral reprimand verbally notifies the employee that performance or behavior must be improved. Oral reprimands are usually given by supervisors when counseling has failed to produce changes. The supervisor should record all pertinent information regarding the oral reprimand and write a confirming memo to the employee. No record is placed in the employee's permanent personnel file unless subsequent action is necessary. An oral reprimand is not appealable.

(Ord. 87-1 § 2, 1987)

"Written reprimand"

means a written document presented to an employee regarding performance or conduct problems. A copy must be provided to the employee and a copy placed in the employee's personnel records. Within 10 working days following receipt of a written reprimand the employee shall be permitted to file a written response to be attached to the reprimand. Both the reprimand and the response will be included in the employee's personnel file. A written reprimand is appealable and if the appeal is upheld all records of the incident will be purged from the employee's personnel file. Written reprimands are given by department managers and/or the City Administrator.

(Ord. 87-1 § 2, 1987)

A department manager or the City Administrator may immediately suspend, for a period of less than five days, an employee who is guilty of misconduct. After such action is taken, the provisions of CMC § 2.52.365 must be promptly applied.

(Ord. 87-1 § 2, 1987)

"Suspension"

means an involuntary absence without pay for a period of up to and including 15 days. This action is available exclusively to the City Administrator.

(Ord. 87-1 § 2, 1987)

An involuntary reduction of an employee from a position in one class to a position in another class having lesser responsibility and lower salary range allocation. This action is available exclusively to the City Administrator.

(Ord. 87-1 § 2, 1987)

Discharge or removal of an employee from City service. This action is available exclusively to the City Administrator.

(Ord. 87-1 § 2, 1987)

A department manager who has knowledge of an employee's performance or conduct constituting grounds for disciplinary action as listed in CMC § 2.52.340 shall initiate the appropriate disciplinary procedure(s) or notify the City Administrator or in turn be subject to censure or discipline.

(Ord. 87-1 § 2, 1987)

Including but not limited to:

A. Failure to meet job performance standard;

B. Refusal to perform job duties;

C. Neglect of job duties;

D. Absence without leave;

E. Abuse of sick leave;

F. Any conduct which relates to the employment and results in the impairment or disruption of City service;

G. Fraud or misrepresentation in securing employment;

H. Theft;

I. Drinking alcoholic beverages or using drugs on the job; or reporting for work under the influence of alcohol or drugs;

J. Conviction of a felony or misdemeanor involving moral turpitude;

K. Willful violation of any Federal or State law, City ordinance or lawful departmental or City regulation or order relating to the employee's job or position with the City;

L. Failure or refusal to work harmoniously with other workers or the public, where such action is detrimental to the mission.

(Ord. 87-1 § 2, 1987)

Following is the sequence of steps which occur when an employee is disciplined by suspension, disciplinary demotion, or dismissal:

A. Notice of intent to discipline: Prepared and served;

B. Employee's right to respond;

C. Notice of disciplinary action: Prepared and served;

D. Appeal process.

(Ord. 87-1 § 2, 1987)

A written notice to inform an employee of intended disciplinary action prior to taking such action. Preparation shall be at the direction of the City Administrator in consultation with the employee's department manager.

(Ord. 87-1 § 2, 1987)

The order shall contain the following:

A. The intended disciplinary action and effective date;

B. The cause(s) forming the basis for the action against the employee;

C. Statement of specific act(s) or omission(s) upon which the disciplinary action is based;

D. Right to Respond. The employee's right to respond orally or in writing to the department manager within five working days of the delivery of the notice and that failure to respond will result in the preparation of a notice of disciplinary action;

E. The employee's right to review all written materials relating to the proposed action and the right to have representation.

(Ord. 87-1 § 2, 1987)

Within five working days of the service of a notice of intent to discipline, an employee may respond orally or in writing to the department manager. If the employee's explanation or denial of the stated charges is deemed by the department manager to be true and adequate, the charges shall be dropped and no record entered into the employee's personnel file. If the employee's explanation or denial of the stated charges is deemed by the department manager to be untrue or inadequate, a disciplinary action order shall be prepared and served.

(Ord. 87-1 § 2, 1987)

"Disciplinary action order"

means a written order of disciplinary action by suspension, disciplinary demotion, or dismissal. The order is prepared by the department manager for the signature of the city administrator.

(Ord. 87-1 § 2, 1987)

The order shall contain the following:

A. The disciplinary action and effective date;

B. The cause(s) forming the basis for the action against the employee;

C. Statement of specific act(s) or omission(s) upon which the disciplinary action is based;

D. Right to Appeal. The employee will be informed of the right to appeal and the timing and procedure for appealing and answering the charges as defined in CMC § 2.52.385, the right to review all written materials relating to the disciplinary action, and the right to be represented at the hearing by the employee's representative;

E. Failure to Appeal or Appear. The employee will be informed that the failure to appear at the subsequent hearing will result in the City Administrator signing the order of disciplinary action. The City Administrator's action will be final.

(Ord. 87-1 § 2, 1987)

Service of the notice of intent to discipline and the order of disciplinary action will be deemed sufficient and complete when delivered in person to the employee or when it is posted by United States certified mail to the last known address of the employee.

(Ord. 87-1 § 2, 1987)

Except as otherwise provided, the employee will continue to perform the regular duties and responsibilities of the employee's position until such time as the order of disciplinary action becomes effective.

(Ord. 87-1 § 2, 1987)

Notwithstanding the procedures outlined, the City Administrator may immediately place the employee on fully paid administrative leave pending investigation if there is good cause to believe that the employee is guilty of extreme conduct which, if true, warrants disciplinary action, and which in the opinion of the City Administrator imminently threatens to seriously disrupt the City service either because of the nature of the conduct itself or because of its anticipated effect on others in the department. In the event this action is taken, the City Administrator will comply with the procedures described in CMC § 2.52.355 and 2.52.365 at the earliest time practicable.

(Ord. 87-1 § 2, 1987)

Within 10 working days of the service of the order of disciplinary action, the employee may appeal the order by filing with the City Administrator a signed statement asking for a hearing and submitting a signed written answer to the charges denying the allegations the employee does not believe to be true, briefly stating the foundations for the employee's belief or otherwise explaining the employee's conduct. Filing of the answer to the charges may be made in person or by United States mail posted to arrive no later than the above specified time period. Upon request the City Administrator may extend the time limit on a case-by-case basis.

(Ord. 87-1 § 2, 1987)

The appeal shall be heard by an independent hearing officer – selected from a "strike list" requested by the employee and/or union and the City from the Public Employee Relations Board. The independent hearing officer will hear all evidence, review all documents and receive oral testimony. The decision of the independent hearing officer shall be advisory to the City Administrator.

(Ord. 87-1 § 2, 1987; Ord. 2015-07 § 1, 2015)

When all administrative procedures as prescribed herein have been completed, the City Administrator will serve the signed order of disciplinary action in accordance with CMC § 2.52.370 and file a copy with the City Clerk.