Santa Clara County Municipal Code Art. 11 Disciplinary Actions

Footnotes:

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Charter reference— Suspensions, demotions, removals, § 708.

An appointing authority may suspend, demote or dismiss any employee subject to Section 708 of the Charter covering appeal rights of employees with permanent status or employees serving on a promotional probationary capacity. Probationary employees on original appointments shall not have appeal rights.

(Code 1954, § 3.3.12-1; Ord. No. NS-304.20, § 1, 7-23-62; Ord. No. NS-304.124, § 34, 9-17-02)

The following list of causes is provided as a guide to both supervisors and employees as to what may constitute a proper basis for disciplinary action. It is not an all-inclusive list in that an appointing authority may institute disciplinary action for any other activity which the appointing authority deems just cause for such action.

(a) Causes relating to performance of duties:

(1) Violation of the County Charter, merit system rules and regulations, and written and published departmental rules and policies which do not conflict with this article.

(2) Inefficiency, incompetence, or negligence in the performance of duties, including failure to perform assigned task or failure to discharge duties in a prompt, competent and responsible manner.

(3) Physical or mental incapability for performing duties.

(4) Brutality in the performance of duties.

(5) Refusal to accept a reasonable and proper assignment from an authorized supervisor; insubordination.

(6) Intoxication on duty.

(7) Careless, negligent or improper use of County property, equipment or funds, including use for private purposes or involving damage or risk of damage to property.

(8) Acceptance of gifts in exchange for "favors" or "influence" or under circumstances which would tend to compromise the effective discharge of duties.

(9) Failure to maintain satisfactory and harmonious working relationships with the public and other employees.

(10) Absence without leave.

(11) Habitual pattern of failure to report for duty at the assigned time and place.

(12) Habitual improper use of sick leave privileges.

(13) Unauthorized release of confidential information.

(b) Causes relating to personal conduct detrimental or prejudicial to public service:

(1) Guilty of gross misconduct, or conduct unbecoming a County officer or employee which tends to discredit the County or County service.

(2) Guilty of immoral conduct or criminal act.

(3) Failure to make reasonable provisions for payment of just debts.

(4) Falsified job information to secure position.

(5) Addiction to use of narcotics or habit-forming drugs.

(c) Engaging in incompatible employment. Any employee in the classified service who directly or indirectly engages in incompatible employment or serves a conflicting interest shall be subject to suspension, demotion or dismissal. It shall be the responsibility of the employee who engages in employment in addition to classified service with the County to notify the appropriate County authorities of such employment. It is the responsibility of the County to provide appropriate forms for notification and to evaluate such forms to ensure that any non-county employment is not incompatible.

(Code 1954, § 3.3.12-2; Ord. No. NS-304.20, § 1, 7-23-62; Ord. No. NS-304.113, § 41, 8-30-88; Ord. No. NS-304.124, § 35, 9-17-02)

(a) In determining the degree of seriousness of an offense which is a cause of suspension, demotion or dismissal, the appointing authority shall consider:

(1) The nature and extent of the specific act in terms of its effect upon the functions of the department.

(2) Damage to public interest or welfare.

(3) Whether a reasonable period has elapsed since a prior offense.

(b) The decision to suspend, demote or dismiss depends on the seriousness of the offense. A suspension of not more than 30 days may be set by the appointing authority.

(Code 1954, § 3.3.12-3; Ord. No. NS-304.20, § 1, 7-23-62)

Editor's note— Ord. No. NS-304.124, § 36, adopted Sept. 17, 2002, repealed § A25-303, which pertained to procedure for dismissal, demotion or suspension for cause. See the Code Comparative Table.