DEPARTMENT OF PUBLIC WORKS
PERSONNEL POLICIES 2007
Personnel Policy #7
ADOPTED BY THE BOARD OF PUBLIC WORKS ON JUNE 20, 2007
TO ALL EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS
SUBJECT: GUIDE TO EMPLOYEE DISCIPLINE
This Guide is consistent with the guidelines adopted and used by the Civil Service
Commission in its review of disciplinary appeals. Departmental supervisors and managers
are directed to use this Guide together with Departmental past practice, as a source for
determining appropriate actions when recommending employee discipline.
Violence in the workplace is a major concern of the Board of Public Works. The Board
believes there is no excuse for one employee to assault or threaten another
employee. Every employee is entitled to a violence-free workplace.
Supervisors shall be held to a higher standard of accountability.
PERSONNEL POLICY NO. 7: Guide to Employee Discipline Page 2
DEPARTMENT OF PUBLIC WORKS
GUIDE TO EMPLOYEE DISCIPLINE
This guide lists various offenses, and job performance or behavior standards which should
be considered in determining whether an employee’s actions constitute an offense subject
to discipline. Not all possible offenses are listed; only those which are of greater
significance and/or are most common. Various levels of corrective actions for first, second,
and third offenses are also presented. These corrective actions are recommendations only
and are offered for general reference. The appropriate action for a specific disciplinary case
may be either more or less severe, depending on the circumstances of the case. For
instance, management should exercise its discretion in recognizing that a single minor
offense by a long-term employee with a good work record could be less severe than if
committed by a relatively new employee with a poor work record. Progressive discipline
requires that repeated offenses should normally carry more severe corrective actions than
first offenses. A pattern of offenses after successive corrective actions should ultimately
result in discharge.
An offense is considered a “first” offense the first time formal action is taken by the
supervisor under the applicable section of this guide. An offense should be considered as a
“second” or “third” offense only when it is of the same general nature (not necessarily
identical) as the previous offense and the undesirable action has been pointed out to the
employee previously. When a previous offense has occurred, the time elapsed between
that offense and the current offense should be considered in determining the corrective
action.
On some occasions, an employee may commit more than one kind of offense at the same
time. Generally, the discipline imposed should not be determined by simply adding together
the correct actions for each offense. In such cases, the appropriate corrective action should
be selected from the range of actions applicable for the most serious offense and the
severity of the disciplinary action should be determined after considering the less serious
offenses.
Similarly, an employee may commit various kinds of offenses over a period of time. If the
offenses are completely unrelated, they cannot be treated as second and/or third offenses.
Nevertheless, all past offenses in the absence of any intervening pattern of good conduct
are indicative of a pattern of unsatisfactory behavior and should be considered when
determining an appropriate corrective action. Including a statement of “requiring excessive
supervision” or “continued failure to observe commonly accepted levels of behavior” in the
list of specific charges may be appropriate as a means of connecting unrelated types of
offenses committed by a problem employee.
Employees in supervisory positions and those performing safety/security functions are
generally expected to demonstrate a higher level of conscientiousness and integrity with
respect to their employment. Accordingly, these employees may be subject to more severe
levels of discipline for violations of behavior and/or performance standards because they
are held to a higher standard of conduct.
PERSONNEL POLICY NO. 7: Guide to Employee Discipline Page 3
NOTE: FLSA exempt (salaried) employees can only be suspended without pay in increments of a full
FLSA workweek (half of the biweekly pay) unless the suspension is a result of a violation of a safety
rule of major significance.
A. MISCONDUCT, ON OR OFF THE JOB, SERIOUSLY REFLECTING ON CITY EMPLOYEES OR
EMPLOYMENT
Standard: Employees must perform their duties in a manner that earns and maintains the trust and
respect of their supervisors, other employees, and the public.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Using official position or office for personal gain or
advantage.
Written Notice
to Discharge
10 days
Suspension to
Discharge
Discharge
2. Engaging in any activity which constitutes a
conflict of interest.
Written Notice
to 30 days
Suspension
6 days
Suspension to
Discharge
Discharge
3. Accepting favors or gratuities for services required
on the job.
Written Notice
to Discharge
6 days
Suspension to
Discharge
Discharge
4. Disclosing confidential information. 1 day
Suspension to
Discharge
10 days
Suspension to
Discharge
Discharge
5. Misconduct, on or off the job, seriously reflecting
on City employees or employment.
1 day
Suspension to
Discharge
10 days
Suspension to
Discharge
Discharge
6. Engaging in illegal behavior or conduct in conflict
with job duties, on or off the job.
Written Notice
to Discharge
10 days
Suspension to
Discharge
Discharge
B. JOB PERFORMANCE BELOW STANDARD
Standard: Employees must provide a high quality of service to the public and must consistently perform
their duties effectively and efficiently.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. A violation of departmental/bureau rules. Oral Warning
to 5 days
Suspension
6 days
Suspension to
Discharge
Discharge
2. Requiring excessive supervision or instruction in
performance of duties after completion of training
for the position.
Oral Warning
or Written
Notice
Written Notice
to 5 days
Suspension
6 days
Suspension to
Discharge
3. Misusing, or failing to use, delegated authority in
the performance of duties.
Oral Warning
to 5 days
Suspension
6 days
Suspension to
Discharge
Discharge
4. Personal appearance and hygiene not appropriate
for the job in terms of employing department’s
standards and job safety.
Oral Warning
or Written
Notice
Written Notice
to 5 days
Suspension
6 days
Suspension to
Discharge
5. Failure to perform work assignments adequately
or promptly.
Oral Warning
to Discharge
1 day
Suspension to
Discharge
Discharge
6. Failure to carry out supervisory responsibilities
adequately.
1 day
Suspension to
Discharge
5 days
Suspension to
Discharge
Discharge
PERSONNEL POLICY NO. 7: Guide to Employee Discipline Page 4
7. Failure to remain alert and responsive while on
duty, for example: sleeping on the job.
Written Notice
to Discharge
5 days
Suspension to
Discharge
10 days
Suspension to
Discharge
8. Failure to improve work performance to an overall
level of competency after repeated counseling.
Oral Warning
to Discharge
1 day
Suspension to
Discharge
Discharge
9. Failure to meet a condition of employment (e.g.:
loss of license).
Discharge
C. ATTENDANCE AND TARDINESS
Standard: Employees must report for work as scheduled, unless ill, injured, or involved in an emergency.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Unexcused, excessive or patterned absenteeism. Written Notice
to 5 days
Suspension
6 days
Suspension to
Discharge
Discharge
2. Failure to follow established procedure for
notification of inability to report for work.
Oral Warning
or Written
Notice
Written Notice
to 5 days
Suspension
6 days
Suspension to
Discharge
3. Leaving assigned work location without proper
approval or appropriate reason.
Written Notice
to Discharge
1 day
Suspension to
Discharge
10 days
Suspension to
Discharge
4. Frequent or unexcused tardiness. Oral Warning
or Written
Notice
Written Notice
to 10 days
Suspension
10 days
Suspension to
Discharge
5. Absence without valid leave (continuous
unexcused absence of at least two weeks)
Discharge
D. IMPROPER BEHAVIOR WITH SUPERVISORS, FELLOW EMPLOYEES, OR THE PUBLIC
Standard: Employees must cooperate and work well with the public, supervisors and co-workers.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Refusal to perform reasonable work assignments
or to cooperate with supervisors or management
in the performance of duties (insubordination).
6 days
Suspension to
Discharge
Discharge
2. Failure to cooperate with or using abusive
language toward or making inappropriate
statements to the public, supervisors, or co-
workers.
Oral Warning
to 5 days
Suspension
Written Notice
to Discharge
6 days
Suspension to
Discharge
3. Disrupting the work of other employees. Oral Warning
or Written
Notice
Written Notice
to 5 days
Suspension
6 days
Suspension to
Discharge
4. Making threats (verbal or non-verbal) or engaging
in a confrontation with the public, supervisors or
co-workers. (See Note)
6 days
Suspension to
Discharge
Discharge
5. Making false, vicious, or malicious statements
about any employee, or City government or
management.
Oral Warning
to 30 days
Suspension
6 days
Suspension to
Discharge
Discharge
6. Actions on the job or on City property intended to
destroy property or to inflict bodily injury (whether
or not the destruction or injury actually occurs).
Written Notice
to Discharge
Discharge
PERSONNEL POLICY NO. 7: Guide to Employee Discipline Page 5
7. Failure to provide information related to work to
supervisors or others requiring the information.
Written Notice
to 10 days
Suspension
6 – 30 days
Suspension
Discharge
Note: Employees who: (1) make threats or engage in confrontational behavior; (2) possess and/or
use without authorization weapons on City property or on the job; or, (3) engage in actions on
the job or on City property intended to destroy property or to inflict bodily injury represent a
potential Workplace Violence threat. Such behavior must be brought to the attention of a
supervisor and/or manager and steps taken to convene the employing department’s
Workplace Violence Assessment team. Refer to the City’s Workplace Violence Policy for
guidance in handling these matters.
E. GAMBLING, DRUNKENNESS, OR USE OF LIQUOR OR NARCOTICS
Standard: While at work, employees must not do anything which would impair their ability to perform
their duties, or which would discredit the City and its employees.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Operating or conducting organized gambling for
profit on the job, on City property, or using City
equipment.
10 days
Suspension to
Discharge
Discharge
2. Use of alcoholic beverages or controlled
substances while on duty.
10 days
Suspension to
Discharge
(See Note
below)
Discharge
(See Note
below)
3. Reporting for duty under the influence of drugs or
alcohol which results in unfitness to work.
10 days
Suspension to
Discharge
(See Note
below)
Discharge
(See Note
below)
4. Operating City vehicles or other equipment while
under the influence of any alcoholic beverage, or
any drug(s) or narcotic(s) which could impair
operative capability.
20 days
Suspension to
Discharge
Discharge
5. Illegally possessing or using drugs or narcotics on
the job site or on City property.
10 days
Suspension to
Discharge
20 days
Suspension to
Discharge
6. Positive drug or alcohol test resulting from a for-
cause test administered under the provisions of
the United States Department of Transportation
Drug and Alcohol Testing Policy.
20 days
Suspension to
Discharge
Discharge
7. Positive drug or alcohol test resulting from a
random test administered under the provisions of
the United States Department of Transportation
Drug and Alcohol Testing Policy.
5 days
Suspension to
Discharge
20 days
Suspension to
Discharge
Discharge
8. Failure to maintain himself/herself in a fit and
suitable condition for employment as evidence by
a positive substance test (non-DOT).
5 days
Suspension to
Discharge
20 days
Suspension to
Discharge
Discharge
Note: The suggested action may be: (1) reduced in severity if the employee successfully participates
in an alcoholism or drug abuse rehabilitation program; or (2) delayed during employee
participation in the program, depending on progressive rehabilitation and improvement of job
performance. The supervisor should make every effort to have the employee taken home
safely and to ensure that the employee is released to the custody of another responsible
person.
PERSONNEL POLICY NO. 7: Guide to Employee Discipline Page 6
F. SAFETY VIOLATIONS
Standard: All employees must perform their duties in a safe manner.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Operating City equipment unsafely and/or without
the required equipment.
Written Notice
to 5 days
Suspension
5 days
Suspension to
Discharge
Discharge
2. Causing or contributing to an accident by
operating City equipment in an unsafe manner.
1 day
Suspension to
Discharge
6 days
Suspension to
Discharge
Discharge
3. Violating safety rules or practices which endanger
the employee or others or damages City property
or equipment.
Written Notice
to 20 days
Suspension
6 days
Suspension to
Discharge
Discharge
4. Playing tricks or jokes, or engaging in horseplay
on the job which may lead to injury to employees
or others, or damage to equipment or property.
Written Notice
to 10 days
Suspension
10 days
Suspension to
Discharge
Discharge
5. Creating unsanitary conditions. Oral Warning
to 5 days
Suspension
6 days
Suspension to
Discharge
Discharge
6. Failure to carry out supervisory responsibility to
ensure a safe work environment.
Written Notice
to 5 days
Suspension
5 days
Suspension to
Discharge
Discharge
G. FRAUD, DISHONESTY, THEFT, OR FALSIFICATION OF RECORDS
Standard: City employees must demonstrate personal integrity and honesty both in securing
employment and in the performance of their duties.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Soliciting, accepting, or offering a bribe. Discharge
2. Theft of or aiding in the theft of cash, or City
property or equipment, as established by proper
investigation.
Discharge
3. Intentionally destroying City equipment, property
or records without proper authorization.
10 days
Suspension to
Discharge
Discharge
4. Providing false information in connection with the
employment application process.
Discharge
5. Falsifying time reports, mileage reports, expense
accounts or similar work oriented documents,
falsely claiming sick or allowed pay, falsifying
reasons for absence..
5 Days
Suspension to
Discharge
Discharge
6. A finding of Workers’ Compensation fraud as a
result of a proper investigation.
Discharge
7. Using City time, property or equipment without
authorization.
Written Notice
to Discharge
6 days
Suspension to
Discharge
Discharge
8. Unauthorized possession of City equipment or
property.
1 day
Suspension to
Discharge
10 days
Suspension to
Discharge
Discharge
9. Unauthorized removal and/or use of City
equipment or material in fabricating articles for
private use.
Written Notice
to Discharge
5 days
Suspension to
Discharge
Discharge
PERSONNEL POLICY NO. 7: Guide to Employee Discipline Page 7
10. Failure to exercise proper supervisory oversight to
protect City assets.
Written Notice
to Discharge
5 days
Suspension to
Discharge
Discharge
H. DISCRIMINATION/HARASSMENT
Standard: City employees are expected to comply with Federal and State laws and regulations and City
policies, including applicable mayoral directives, ensuring equal employment opportunity and
a discrimination/harassment-free workplace. City employees are expected to demonstrate
sensitivity to and respect for individual and personal differences when working with other
employees and the public. Actions that create a hostile, offensive, threatening or intimidating
work environment will not be tolerated.
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Failure to comply with City policies on equal
employment opportunity, including but not limited
to, the recruitment, selection, promotion, training,
or disciplining of employees.
Oral Warning
to Discharge
Discharge
2. Demonstrating insensitivity to others by making
derogatory comments, epithets, jokes, teasing,
remarks, or slurs or making suggestive gestures or
displaying images or written material that
derogatorily depict or demean people.
5 days
Suspension to
Discharge
Discharge
3. Retaliating against an employee for filing a
discrimination complaint, for participating in a
discrimination complaint investigation, or for
opposing discriminatory actions.
5 days
Suspension to
Discharge
Discharge
4. Supervisory Standard: Failure to maintain a
harassment-free workplace for subordinates;
failure to foster a discrimination-free workplace by
one’s own individual actions or failure to act; or
allowing subordinates to retaliate against an
employee for filing a discrimination complaint, for
participating in a discrimination complaint
investigation, or for opposing discriminatory
actions.
5 days
Suspension to
Discharge
Discharge
I. SEXUAL HARASSMENT
Standard: City policy and Federal and State law prohibit sexual harassment in the workplace.
Supervisors are required to ensure and maintain a working environment free of sexual
harassment, intimidation, and coercion. City employees are expected to conduct themselves
in a manner that fosters a workplace environment which is free from conduct that is hostile,
offensive, threatening, or intimidating, or that interferes with an individual’s work performance.
Some of these violations, if proved, may also constitute crimes under local and/or state law.
Departments should take appropriate measures to report such actions and to advise their
employees about reporting such actions that have occurred on City property or involving City
employees.
PERSONNEL POLICY NO. 7: Guide to Employee Discipline Page 8
SUGGESTED ACTIONS
OFFENSE FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
1. Sexual Favors:
Implicit or explicit coercive pressure for sexual
favors
20 days
Suspension to
Discharge
Discharge
2. Physical:
a. Any physical conduct or act of a sexual nature,
involving the use of force or the threat of force.
Discharge
b. Unwelcome physical contact in sexual areas,
including but not limited to breasts, buttocks,
or genitalia.
20 days
Suspension to
Discharge
Discharge
c. Unwelcome touching, rubbing, or any type of
physical contact and/or conduct toward other
employees, which is sexually suggestive.
1 day
Suspension to
Discharge
Discharge
3. Verbal:
Demonstrating insensitivity to others by making
derogatory comments, epithets, jokes, teasing,
remarks, slurs, or questions of a sexual nature
Oral Warning
to 20 days
Suspension
Discharge
4. Visual:
Demonstrating insensitivity to others through non-
verbal actions, such as making sexually
suggestive gestures; displaying sexually explicit
objects, pictures, cartoons, or posters; leering;
unwanted letters, gifts, and/or materials of a sexual
nature
Oral Warning
to 20 days
Suspension
Discharge
5. Hostile Work Environment:
Repeated, unwelcome, unwanted actions as
described in #1, #2, #3, and/or #4 which create or
could lead to a hostile, offensive, threatening, or
intimidating work environment
10 days
Suspension to
Discharge
Discharge
6. Retaliation:
Retaliating against an employee for filing a sexual
harassment complaint, for participating in a sexual
harassment complaint investigation, or for
opposing discriminatory actions
10 days
Suspension to
Discharge
Discharge
7. Supervisory Standard:
Failure to take appropriate action to correct and
eliminate sexual harassment from the workplace;
failure to foster a discrimination free workplace by
personal actions or conduct; or allowing
subordinates to retaliate against an employee for
filing a sexual harassment complaint, for
participating in a sexual harassment complaint
investigation, or for opposing discriminatory
actions
20 days
Suspension to
Discharge
Discharge
