Common use of DISCIPLINARY ACTION -- CAUSE Clause in Contracts

DISCIPLINARY ACTION -- CAUSE. Any action which reflects discredit upon the service or is a direct hindrance to the effective performance of the CITY government functions shall be considered good cause for disciplinary action. The following are declared to be good cause for disciplinary action against any employee, though charges may be based upon causes and complaints other than those listed: (a) Habitual use of alcoholic beverages or prescription medicines to excess, provided the employee has been given an opportunity to seek professional help in dealing with his problem; (b) Has been adjudged guilty of a crime involving moral turpitude, or infamous or disgraceful conduct; (c) While on duty: 1. Partaking of intoxicating beverages; 2. failing an alcohol test administered pursuant to CITY rules and regulations; or 3. intoxication while on duty; (d) Use of abusive or improper treatment to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense or to protect the lives of others, or to prevent the escape of a person lawfully in custody. (e) Offensive conduct or language toward the public or toward city officers or employees; (f) Insubordination; (g) Incompetence to perform the duties of his position; (h) Negligence in the care and handling of CITY property; (i) Violation of any lawful and reasonable official regulation made or given by his superior officer, where such violation or failure to obey amounted to an act of insubordination or a serious breach of proper discipline or resulted, or might reasonably have been expected to result in loss or injury to the CITY, to prisoners of the CITY, or to the public. (j) Commission of acts or omissions unbecoming an incumbent of the particular office or position held, which render his admonishment, reprimand, suspension, demotion, or discharge necessary or desirable for the economical or efficient conduct of business of the CITY or for the best interest of the City government; (k) Willful violation of any of the provisions of the City Charter or any of the rules promulgated thereunder; (l) Has induced or attempted to induce any officer or employee in the CITY service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order; or has participated herein. (m) Solicitation or receipt from any person, or participation in, any fee, gift, or other valuable thing in the course of work, when such fee, gift, or other valuable thing is given in the hope or expectation of receiving favor or better treatment than that accorded other persons; (n) Use or attempted use of political influence or bribery to secure an advantage in an examination or promotion; assignment; (o) Absence from duty without leave contrary to the provisions in this Agreement, or failure to report after leave of absence has expired, or after such leave of absence has been disapproved or revoked and cancelled by the proper authority; (p) Any cause specified in Section 23-291 of the Omaha Municipal Code; (q) Use of illegal controlled substances or failure of a drug test administered pursuant to CITY rules and regulations. Violation of the provisions of this Section may be punishable by reprimand, suspension, demotion, and/or discharge.

DISCIPLINARY ACTION -- CAUSE. Any action which reflects discredit upon the service or is a direct hindrance to the effective performance of the CITY government functions shall be considered good cause for disciplinary action. The following are declared to be good cause for disciplinary action against any employee, though charges may be based upon causes and complaints other than those listed: (a) Habitual use of alcoholic beverages or prescription medicines to excess, provided the employee has been given an opportunity to seek professional help in dealing with his problem; (b) Has been adjudged guilty of a crime involving moral turpitude, or infamous or disgraceful conduct; (c) While on duty: 1. Partaking of intoxicating beverages; 2. failing an alcohol test administered pursuant to CITY rules and regulations; or 3. intoxication while on duty; (d) Use of abusive or improper treatment to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense or to protect the lives of others, or to prevent the escape of a person lawfully in custody. (e) Offensive conduct or language toward the public or toward city officers or employees; (f) Insubordination; (g) Incompetence to perform the duties of his position; (h) Negligence in the care and handling of CITY property; (i) Violation of any lawful and reasonable official regulation made or given by his superior officer, where such violation or failure to obey amounted to an act of insubordination or a serious breach of proper discipline or resulted, or might reasonably have been expected to result in loss or injury to the CITY, to prisoners of the CITY, or to the public. (j) Commission of acts or omissions unbecoming an incumbent of the particular office or position held, which render his admonishment, reprimand, suspension, demotion, or discharge necessary or desirable for the economical or efficient conduct of business of the CITY or for the best interest of the City government; (k) Willful violation of any of the provisions of the City Charter or any of the rules promulgated thereunder; (l) Has induced or attempted to induce any officer or employee in the CITY service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order; or has participated herein. (m) Solicitation or receipt from any person, or participation in, any fee, gift, or other valuable thing in the course of work, when such fee, gift, or other valuable thing is given in the hope or expectation of receiving favor or better treatment than that accorded other persons; (n) Use or attempted use of political influence or bribery to secure an advantage in an examination or promotion; assignment; (o) Absence from duty without leave contrary to the provisions in this Agreement, or failure to report after leave of absence has expired, or after such leave of absence has been disapproved or revoked and cancelled by the proper authority; (p) Any cause specified in Section 23-291 of the Omaha Municipal Code; (q) Use of illegal controlled substances or failure of a drug test administered pursuant to CITY rules and regulations. Violation of the provisions of this Section may be punishable by reprimand, suspension, demotion, and/or discharge. No sworn employee shall be disciplined based solely on information gathered by Global Positioning Satellite Systems (GPS); this provision shall not apply, however, to criminal investigations.