RES 86-03 PERSONNEL MANUALRPB:jt
10/21/85
RESOLUTION NO. 86-03
A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON,
REVISING THE CITY'S PERSONNEL MANUAL TO PROVIDE
FOR PRETERMINATION AND DISCIPLINARY HEARINGS AND
TO PROVIDE THAT DEPARTMENT HEADS NOT COVERED BY
CIVIL SERVICE SHALL SERVE AT THE PLEASURE OF THE
MAYOR.
WHEREAS, pursuant to Resolution No. 84-12 , passed by
the City Council on May 17, 198~, the City Council adopted a
personnel manual for the City, and
WHEREAS, the United States Supreme Court has required a
change in the City's Personnel policies and practices to provide
for pretermination disciplinary hearings for employees who may be
terminated for cause, and
WHEREAS, the Winslow City Council finds that the
Department Heads, unless covered by civil service, shall serve at
the pleasure of the Mayor and that this policy should be
reflected in the City's Personnel Manual, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Those portions of the Personnel Manual
contained in Sections 5 and 5 are hereby amended to read as set
forth in Exhibit A, attached hereto and incorporated herein by
this reference.
Section 2. The City Clerk is dlrected to make the
appropriate changes in the Personnel Manual as set forth.
APPROVED:
MAYOR , ALICE" TAWRESEY ..y
ATTEST/AUTHENTICATED:
C~T~y/~ON
FILED WITH THE CITY CLERK: October 30, 1985
PASSED BY THE CITY COUNCIL: January 2, 1986
RESOLUTION NO. 86-03
EXHIBIT "A" FOR
RESOLUTION NO. 86-03
RPB:jt
10/14/85
pRETERMINATION AND DISCIPLINARY HEARINGS
[Insert at p. 14 below Civil Service section]
A pretermination or disciplinary hearing shall be conducted
in the following manner before an employee is terminated for
cause or before a disciplinary action is taken which results in a
decrease or loss of pay and/or benefits:
1. Hearing.
a. The Department Head shall meet with the employee and
conduct the pretermination hearing.
b. The employee shall be informed of all reasons for the
proposed action.
c- The City shall not be required to present any evi-
dence at the hearing, such as testimony of witnesses or produc-
tion of physical objects.
d. Only the terminated or disciplined employee shall be
permitted to respond to the charges by explaining his or her side
of the story, unless the City agrees to hear testimony from other
individuals at the employee's request. An oath shall be adminis-
tered to the employee and any other individual who testifies on
the employees' behalf prior to their testimony. Cross-examina-
tion or confrontation of adverse witnesses is not required.
2. Decision. A decision to affirm, modify or reverse the
termination or disciplinary decision shall be made within thirty
days of the hearing. Written notice of the decision shall be
supplied to the employee.
3. Suspension of Employee Prior to Hearing. If the Mayor
perceives a significant hazard or detriment to the best interests
of the City in keeping the employee on the job until the preter-
mination hearing occurs, the employee shall be suspended with pay
until a decision is rendered following the hearing.
[Insert at page 13]
2. Written Warning - Moderate infraction, repeated instances
of an action, action repeated following oral warning.
The Department Head will:
1. Discuss the cause for the written warning with the
employee.
2. Provide the employee with a copy of the written
warning.
3. Outline proper behavior for future reference.
4. Place a copy of the written warning in the employee's
file noting the date it was administered.
3. Suspension - The most severe form of discipline short of
termination, for severe infractions or actions repeated following
written warning.
Suspension may be with or without pay.
The Department Head will:
1, Thoroughly review the employee's action and previous
disciplinary actions (if any), Make a determination that suspen-
sion is appropriate,
2. If the suspension is with pay, notify the employee
verbally of the suspension to begin immediately. If the suspen-
sion is without pay, conduct a disciplinary hearing as outlined
in section 3.
3, Notify the Mayor of the suspension.,
4, Prepare a memo (a) detailing the reasons for the
suspension citing as many specific dates and actions as possible;
(b) setting forth the duration and conditions of the suspension;
(c) discussing consequences of future infractions,
5, Place a copy of the memo in the employee's personnel
file noting the date the action was discussed with the employee
and supply the employee with a copy,
4. Demotions - When an employee is unable to perform certain
tasks or responsibilities of the job but could function effec-
tively in a position with less difficult tasks or less responsi-
bility and an opening exists in such a position or a new position
is created,
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The Department Head will:
1. Thoroughly review the employee's inability to perform
specific tasks or responsibilities. Make a determination that
demotion is appropriate.
2. Discuss the demotion with the Mayor.
3. Prepare a memo (a) detailing reasons for the demotion
citing specific incidents as possible; (b) setting forth the
duration and conditions of the demotion; (c) discussing conse-
quences of future infractions.
4. Discuss the demotion and the memo thoroughly with the
employee making sure the employee is fully aware of the reason
for the demotion. If the demotion involves a reduction in pay
and/or benefits, conduct a disciplinary hearing as outlined in
section 3.
5. Place the memo in the employee's file and supply the
employee with a copy.
5. Discharge - For the most severe infractions or in cases
where continued employment would be a serious detriment to the
City. May be preceded by less severe disciplinary actions but
may be administered without any prior disciplinary action when
circumstances warrant.
The Department Head will:
1. Discuss recommendation for discharge with the Mayor
to be certain that all facts and circumstances have been reviewed
and teat there is adequate justification and documentation for
the discharge.
2. If in the opinion of the supervisor immediate dis-
charge is necessary the employee should be suspended until the
recommendation is reviewed by the Mayor and the required memo is
prepared. Suspensions shall follow procedures set forth above.
3. Prepare a memo detailing the reasons for the di-
scharge citing as many specific dates and actions as possible and
setting an effective date of the discharge.
4. Provide a copy of the memo to the employee.
5. Conduct a pretermination hearing as outlined in
section 3.
6. If the discharge is immediate, check out tools or
employee work station and make arrangements for handling final
pay.
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7. Place a copy of the memo in the employee's file
noting the date the action was discussed with the employee.
8. Final pay shall be paid as provided in the Discharge
section below.
6. Appeals of Disciplinary Actions. An employee may appeal
disciplinary actions through the City of Winslow grievance proce-
dure.
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[Insert at page 33]
DISCHARGE - INVOLUNTARY TERMINATION. Unless covered by
civil service, all Department Heads shall serve at the pleasure
of the Mayor and may be discharged without cause. Other
employees may be discharged from City employment:
1. During or at the end of the probationary period.
section on probation).
(See
2. As a result of a disciplinary action.
discipline.)
(See section on
3. For unsatisfactory job performance other than related to
disciplinary action.
4. Loss of skills, certification or other qualifications
required for the job or other conditions which make the employee
unfit for service.
DISABILITY. An employee may be terminated for disability
when he/she cannot perform the required duties because of physi-
cal or mental impairment and the City cannot reasonably accommo-
date the disabled person without undue hardship to its operation.
Action may be initiated by the employee, his/her legal represen-
tation, or the City. Disability termination must be supported by
medical evidence acceptable to the Department head. The City may
require an examination at its expense to be performed by a physi-
cian of its choice.
Termination and retirement benefits will be those allowed
for resignation and the retirement program_~n which the employee
is enrolled.
Termination will be effective upon completion of
investigation by the City and a pretermination hearing.
DEATH. Termination will be effective on the date of
death. All compensation allowed will be paid to the beneficiary
designated by the employee in the personnel file.
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