Common use of Corrective Disciplinary Action Clause in Contracts

Corrective Disciplinary Action. Corrective/Disciplinary Action may be taken against any regular employee of the City up to and including termination of employment when employee performance or behavior is determined to be below expectations desired or outside the standards of the work environment. The City will administer a just cause progressive discipline approach up to and including termination of employment. However, the City reserves the right to determine the form of discipline to be imposed based on several factors, including but not limited to, the severity and frequency of the cause of action as well as the employment history of the employee. Grounds for Corrective Disciplinary Action Poor performance or any violation of a City rule, regulation, policy, procedure or ordinance may require Corrective/Disciplinary Action. The poor performance or violation may involve a single incident or a series of infractions. In this regard, acts which may be the basis for action up to and including termination of employment include, but are not limited to, the following: • Fraud in securing employment • Incompetence • Inefficiency • Inexcusable neglect of duty • Insubordination • Dishonesty • Unauthorized absence without leave • Conviction of a felony or conviction of a misdemeanor involving moral turpitude • Continued or flagrantly discourteous treatment of the public or another employee • Improper political activity • Misuse or theft of City property • Violation of City rules, regulations, policies, procedures or ordinances • Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the City or an employee's employment or creates a conflict of interest • Falsifying and/or unauthorized removal or destruction of City records • Unauthorized possession of firearms or explosives • Harassment (sexual or otherwise) of another employee or member of the public • Gambling on duty or while on City property • Either (a) the sale, purchase, transfer, possession, or consumption of alcoholic beverages or illegal drugs or (b) the use of drugs which impair the senses or the ability to perform the job during normal working hours or on City premises • Excessive tardiness • Failure to properly report absence Types of Corrective/Disciplinary Action Corrective/Disciplinary Action normally progresses from the least to the most severe action. However, some available actions may be bypassed depending upon the severity of the infraction. Nothing in this section shall be interpreted as restricting the City's right to take Corrective/Disciplinary Action, including the immediate placement of an employee on Administrative Leave with pay, if in the sole discretion of the City, doing so would prevent the disruption of City services or potential harm to others. It is recognized that many problems not directly associated with an employee's job can have an effect on job performance. In such situations, the City may believe that an employee may benefit from professional assistance outside the work place and may require an employee to consult with the Employee Assistance Program as part of the Corrective/Disciplinary Action process. The following actions may be taken in an effort to achieve improved job performance or modify inappropriate work-related behavior.