Subject: 9639/Code/Employees chgd w/crime Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 9639 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTIONS 2-185 AND 2-187 RELATIVE TO DISCIPLINARY ACTIONS AGAINST CITY EMPLOYEES. _________________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Chattanooga City Code, Part II, Section 2-185 be and the same is hereby amended by deleting said Section in its entirety and inserting a new section in lieu thereof as follows: SEC. 2-185. Dismissal, suspension or demotion- Authority of department heads; appeals. (a) Unless otherwise specified herein, this Section 2-185 shall apply to all city employees in the classified service and to all part-time employees, seasonal employees, temporary employees, administrative assistants and executive assistants. (b) An administrator of a department or the Mayor may for just cause discipline any city employee. Such disciplinary action may include dismissal, suspension and or demotion; unless otherwise provided in this Section, no such suspension shall exceed thirty (30) calendar days. After a dismissal, suspension or demotion, a statement of the reasons therefor shall be inserted in the employee's official personnel file, and a copy of said statement shall be given to the employee. Any dismissal, suspension or demotion of a city employee shall be reported to the City Council by the Mayor or administrator taking such action. No employee in the classified service may be dismissed from an employment position without having had the opportunity to have a hearing before the administrator of his or her department in which the employee shall be advised of the charges of misconduct with which the employee is charged and in which the employee shall be afforded an opportunity to be heard in response to such charges. (c) Employees who are charged with a felony may be either dismissed or suspended until such employee is either found guilty or the charges are dismissed; any such employee placed on suspension shall be placed on personal leave during the time of such suspension until such personal leave is exhausted and shall then be placed on leave without pay; if an employee is found guilty of a felony and has been on suspension, such employee shall be dismissed forthwith. If the felony charge is reduced to a misdemeanor charge, disciplinary action may be taken against the employee as otherwise provided in this Section; if the felony charge is dismissed for whatever reason, a suspended employee shall be returned to duty with back pay, provided that no payment for back pay shall be made for any delay in the criminal prosecution caused or requested by the employee or the employee's attorney, and provided further that if it appears that there is sufficient evidence to show that the employee is not a fit or suitable employee, then he or she shall be dismissed without back pay. Any employee returned to duty after a suspension shall be eligible for payment of back pay only for that time he or she had been placed on leave without pay. (d) Any employee who is charged with a misdemeanor punishable by incarceration and committed while acting within the course and scope of such employee's duties as a city employee may be either dismissed or suspended until such employee is either found guilty or the charges are dismissed if, and only if, the conviction for such a misdemeanor offense prior to such employee's employment with the City would have otherwise disqualified such employee from the employment position occupied by such employee; any such suspended employee shall be placed on personal leave while available during such period of suspension and shall then be placed on leave without pay. Any employee convicted of any misdemeanor committed in the course and scope of his or her duties as a city employee shall be subject to disciplinary action; such disciplinary action may include dismissal if in the opinion of the Mayor or the department administrator, after taking all mitigating and aggravating factors into consideration, the conduct of the employee requires dismissal. If the misdemeanor charges are dismissed for whatever reason, a suspended employee shall be returned to duty with back pay, provided that no payment for back pay shall be made for any delay in the criminal prosecution caused or requested by the employee or the employee's attorney, and provided further that if it appears that there is sufficient evidence to show that the employee is not a fit or suitable employee, then he or she shall be dismissed without back pay. Any employee returned to duty after a suspension shall be eligible for payment of back pay only for that time he or she had been placed on leave without pay. (e) If any employee is found guilty of a misdemeanor which would have otherwise disqualified such employee for employment in the position occupied by such employee, such employee shall be either dismissed or demoted to another employment position, if available, for which such employee is qualified notwithstanding the misdemeanor conviction. (f) Any employee convicted of a misdemeanor and incarcerated for fifteen (15) consecutive days or more shall be dismissed forthwith. (g) Notwithstanding anything herein to the contrary, if after taking all circumstances into consideration including, but not limited to, the nature of the crime with which an employee has been charged, the nature of the evidence against the employee and all other relevant factors, the Mayor or administrator of a department determines that the suspension of an employee charged with a felony or misdemeanor is warranted, such employee shall be suspended. Nothing in this subparagraph (g) shall prohibit the Mayor or any administrator from re-evaluating and/or reversing a decision to suspend an employee charged with a crime. (h) This subsection (h) and subsection (i) shall only apply to employees in the classified service. An employee may be demoted one or more pay grades and one or more positions; provided, however, an employee whose demotion results in a loss of income in excess of ten percent (10%) of his or her gross wages, whether that income loss be from a single demotion or two (2) or more demotions within a period of three (3) years, shall be entitled to appeal the demotion to the city council or a panel named therefrom. Likewise, an employee may be suspended one or more times; provided, however, an employee whose suspension results in a loss of income in excess of ten percent (10%) of his or her gross wages, whether that income loss be from a single suspension or two (2) or more suspensions within a period of three (3) years, shall be entitled to appeal the suspension to the city council or a panel named therefrom. A demotion and/or suspension involving a cumulative loss of gross income of less than ten percent (10%) in any three (3) year period may be treated as a grievance to be resolved by the mayor. When an appeal is provided for, notice of the appeal shall be filed with the clerk of the city council. (i) No appeal shall be accepted or heard by the city council from a dismissal, demotion or suspension as provided for herein or otherwise in this code that is filed more than fifteen (15) days after such action has been taken against such employee by the mayor. An employee shall be required to file a request for the mayor to review the grievance prior to appealing to the council, and in the event the employee files a grievance with the mayor, no appeal shall be filed with the council, until the grievance is acted upon by the mayor or the mayor has failed to act on same within thirty (30) days. Failure by the mayor to act shall constitute an affirmation of the department head's action and, in such event, the fifteen (15) day appeal period will begin immediately following the thirty (30) day period. SECTION 2. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE that the Chattanooga City Code, Part II, Section 2-187, be and the same is hereby amended by deleting subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) as follows: (b) Disciplinary action up to and including dismissal may be taken for any just cause including, but not limited to, the following: (1) Incompetence or inability to perform duties of position; (2) Insubordination; (3) Inefficiency or negligence in the performance of one's duties; (4) Intoxication, use of an illegal drug or abuse of prescriptive medication during working hours; (5) Violation of department or city ordinance(s), rule(s), regulation(s) or law(s) or violation of any applicable state law, rule or regulation subject to the provisions of Section 2-185 of this Code; (6) Conduct unbecoming a public employee; (7) Absence from work without proper notification or authorization; (8) Participating in a strike, work stoppage, work slow-down, sick-in or other so-called job actions. (9) Conviction of a felony or misdemeanor, subject to the provisions of Section 2-185 of the City Code. (10)Employment or activity during non-duty hours that is inconsistent, incompatible or in moral, legal or technical conflict with the employee's duties, functions and responsibilities as a City employee. SECTION 3. BE IT FURTHER ORDAINED that this Ordinance shall take effect two weeks from and after its passage as required by law. 0C PASSED on Third and Final Reading Nov. 19, 1991. _/s/______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE:___________ ___, 1991. _/s/______________________________ MAYOR WSPjr:jrm