§ A314-12. Penalties and separation.

A. 

Suspensions. The City Council may suspend an employee without pay for periods not exceeding 90 working days in any calendar year for just cause. The basis of a suspension shall not be predicated on the employee's race, sex, creed, religion, color, age, national origin, disability, marital status, sexual orientation, political affiliation, or status with regard to public assistance. The City Council shall provide the employee with a written statement of reasons for the suspension. The written statement shall be furnished to the employee prior to the effective date of the suspension.

B. 

Dismissal. The City Council may dismiss any employee for just cause. The basis for a dismissal shall not be predicated on the employee's sex, creed, religion, color, age, national origin, disability, marital status, sexual orientation, political affiliation, or status with regard to public assistance.

C. 

Causes for suspension or dismissal. The following may be just cause for suspension, demotion or dismissal but shall not constitute the only causes for suspension or dismissal:

(1) 

Violation of any of the provisions of these rules, departmental work rules, safety rules, or City policy.

(2) 

Incompetence, inefficiency, or misconduct in the performance of an employee's duties.

(3) 

Violation of any lawful or official regulation or order or failure to obey and lawful direction given by a supervisor where such violation or failure to obey amounts to an act of insubordination.

(4) 

Intoxication or being under the influence of a narcotic while on duty.

(5) 

Inability or unwillingness of the employee to perform the essential functions of the employee's position, with or without reasonable accommodations.

(6) 

Dishonesty in the performance of duties.

(7) 

Absenteeism.

(8) 

Harassment based upon race, creed, color, religion, sex, national origin, age, marital status, sexual orientation, status with regard to public assistance, or disability.

(9) 

Theft.

(10) 

Conviction of a crime directly related to the employee's occupation.

D. 

Resignation.

(1) 

An employee wishing to leave the City service in good standing shall file with the employee's supervisor, at least 14 calendar days before termination of employment, a written resignation stating the effective date of the resignation and the reason for leaving.

(2) 

Unauthorized absences of work for a period of three consecutive working days may be considered as a resignation without notice.

E. 

Records of action to be filed. Copies of all written personnel actions pursuant to this section shall be filed with the City Clerk-Treasurer by the City Council.