HomeMy WebLinkAboutResolution No. 394-04 • RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt a
personnel policy regarding city employee disciplinary action. A copy of the policy is attached.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /l 771 DAY OF r , 2004.
)aZ 7
PR15SIDENT OF S ID COMMON COUNCIL
ATTEST:
G TY CLERK
APPROVED THIS /7?7-1 DAY OF _A4ks r , 2004.
• MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res2000\Adopt.perspolicy.discipline
•
• DISCIPLINARY ACTION
A. General
It is the policy of the City of Rochester to require its employees to follow the
City's rules, policies,procedures, standards of conduct and ethical requirements
in order to ensure quality work, promote safety and maintain efficiency and order.
This policy outlines the consequences that will occur when a city employee fails
to adhere to any of those rules,polices,procedures or standards.
B. Policy
When it is determined that a City of Rochester employee has not complied with a
City rule, policy, procedure or standard, disciplinary action may be taken. Such
action may include reprimands, suspensions or termination.
C. Grounds for Disciplinary Action
The following behavior or action constitutes a sufficient basis for disciplinary
action:
1. Conviction of any criminal offense committed during or arising out of the
• scope of employment.
2. Conviction of any criminal offense committed outside of the scope of
employment, but which interferes with or adversely affects the employee's
ability to competently perform his or her City employment.
3. Violation of any City of Rochester rule,policy,procedure, standard of
conduct or ethical requirement.
4. Poor Attendance or Punctuality.
5. Dishonesty, including the theft of City property or falsification of
applications, reports or documents prepared on behalf of the City,
questionnaires or time records.
6. Careless, negligent, inefficient or incompetent behavior occurring during
the scope of employment.
7. Offensive behavior directed to the public or co-workers.
8. Insubordinate behavior directed to an employee's manager, supervisor or
department head.
•
9. Inability to perform the essential functions or responsibilities of the
• assigned position.
10. Willful violation of a safety rule.
D. Administration of Discipline
The City adopts the progressive discipline approach to disciplinary action.
Discipline may be administered on a progressive level from the least severe to the
most severe as the situation and facts warrant. The facts and conditions
surrounding the incident are obtained through an investigation conducted by City
officials. It also takes into account the employee's past performance and behavior
along with prior actions. Depending upon the circumstances, the City may not
take all of the following steps in sequence.
1. Performance Coaching
The supervisor should meet with the employee and indicate the work rule
violation, inappropriate behavior or performance problem, and
communicated necessary corrective action. This may be the only action
required. However, if this does not correct the situation in a reasonable
length of time, or if the problem is of a more serious nature,the supervisor
should take other measures. A letter should be placed in the employee's
personnel file documenting the action taken. An employee may be
referred to the City's Employee Assistance Program (EAP) if a personal
problem is contributing to the misconduct or poor performance.
2. Warning
The supervisor should document the problem in written form to the
employee and place a copy in the employee's personnel file. For actions
that may eventually lead to termination,the supervisor should prepare a
warning letter to the employee after consulting with Human Resources. A
copy of the letter should be placed in the employee's personnel file.
3. Suspension
An employee may be suspended for just cause at any time. The
employee's supervisor, in consultation with Human Resources, will
determine the period of suspension. Any designation of a suspension must
be put in writing and made part of the employee's personnel file. Any
employee who is placed on immediate suspension because of a serious
offense must be told that further disciplinary action, including termination,
may result.
0
4. Involuntary Termination
•
If unsatisfactory performance continues after warning or suspension, the
employee may be terminated. An employee may be terminated during or
upon completion of their probationary period, although no previous
disciplinary action has occurred, if the employee's performance does not
meet expectations.
Termination occurs by written notice in compliance with the Home Rule
Charter and any other applicable law. An employee has those pre-
termination hearing rights and post-termination appeal rights provided by
the Home Rule Charter, collective bargaining agreement or applicable
law.
E. Exceptions
This policy does not apply to a city employee whose discipline is determined
exclusively by state or federal law.
•
•