HomeMy WebLinkAboutORD.2926.08-20-2001BILL NO. 2001-164
ORDINANCE NO. ,h? �;
AN ORDINANCE AMENDING SECTION 19-9
OF THE CITY CODE RELATING TO
PERSONNEL POLICIES, APPEALS AND
DUE PROCESS PROCEDURE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 19-9 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Appeals; due process
required", reading as follows:
Sec. 19-9. Appeals; due process required.
(a) Job action affecting the employment
classification or pay of any non -probationary full time
employee, including assignment of disciplinary
probation, suspension without pay, demotion with
reduction in pay or dismissal, shall be subject to the
provisions of this section.
(b) The cognizant department head or his designee
shall meet with and notify the employee, verbally and
in writing of the proposed disciplinary action and
circumstance(s) leading to the proposed disciplinary
action.
(1) The affected employee shall be provided an
opportunity to rebut the circumstance(s),
verbally and in writing, produce witness(es)
on his behalf, having direct knowledge of the
circumstance(s), and/or other evidence which
may dispute those circumstance(s).
(2) The cognizant department head or his designee
shall consider all information provided
during the rebuttal opportunity and determine
if his recommendation should be modified, and
inform the employee of his determination,
verbally and in writing.
(c) Within three (3) working days (weekends and
holidays excluded) of being informed of the
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department's recommendation, the employee may appeal
the action to the city manager or his designee, who
shall review:
(1) The circumstances leading to the
recommendation, including remedial action
attempted by the department, and
(2) Evidence presented by record and/or
testimony, and
(3) The discipline request and determine whether
it is appropriately matched to
circumstance(s).
(d) Within five (5) working days of conducting
the appeals hearing, the city manager or his designee
shall issue his decision, in writing, concerning the
disposition of the department request and employee
appeal. This decision shall be final and may be made
effective retroactively for pay purposes, to the date
established in subparagraph (b) of this section.
s'h reby".repealed in its entirety, and a new Section 19-9
entitled "Appeals; due process required" is hereby enacted in
lieu thereof, in words and phrases, to read as follows:
Sec. 19-9. Appeals; due process required.
(a) Job action affecting the employment
classification or pay of any non -probationary full
time employee, including assignment of disciplinary
probation, suspension without pay, demotion with
reduction in pay or termination of employment, shall
be subject to the provisions of this section.
(b) The department director or designee shall
meet with and notify the employee, verbally and in
writing of the proposed disciplinary action and
circumstance leading to the proposed disciplinary
action.
(1) The affected employee shall be provided an
opportunity to rebut the circumstances,
verbally and in writing, produce witnesses
on his behalf, having direct knowledge of
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the circumstances, and/or other evidence
which may dispute those circumstances.
(2) The department director or designee shall
consider all evidence presented during the
rebuttal meeting and determine if the
recommended disciplinary action should be
modified, and inform the employee of the
final decision along with the employee's
right to appeal, verbally and in writing.
(c) Within three (3) full working days (weekends
and holidays excluded) of being informed of the
department's recommendation, the employee may appeal
the action to the city manager or his designee, who
shall review:
(1) The circumstances leading to the proposed
disciplinary action, including remedial
action attempted by the department when
appropriate.
(2) Evidence presented by the city and the
employee, and
(3) The proposed disciplinary action and
determine whether it is appropriately
matched to the circumstances.
(d) Within five (5) full working days (weekends
and holidays excluded) of conducting the appeals
hearing, the city manager or his designee shall issue
his decision in writing. This decision shall be final
and may be made effective retroactively for pay
purposes to the date of the Employee Rebuttal Meeting.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
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of Cape Girardeau, Missouri, and the sections of this Code may
be renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF �t
20 C%I
A. Spradling, III, moor
ATTEST:
Gayl L. Conrad, City Clerk
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