SEC. 34-36. RULES OF CONDUCT.
(a) Performance standards.
(1) Every employee is expected to consistently maintain satisfactory performance standards. Continuing performance deficiencies, unlike the isolated rule violations noted in Subsections (b) and (c) of this section, should first be addressed by the mutually cooperative efforts of the supervisor and the employee.
(2) If performance standards are not met, the employee is subject to a formal disciplinary action of reprimand, suspension, demotion, or discharge. The specific action taken determines what, if any, appeal rights are available to the employee.
(b) Unacceptable conduct. The following types of conduct are unacceptable and may be cause for corrective discipline in the form of reprimand, suspension, demotion, or discharge depending upon the facts and circumstances of each case. The examples given are typical but not all-inclusive.
(1) Unsatisfactory attendance is exemplified by, but is not limited to, the following violations:
(A) unexcused absence or tardiness, including during telework;
(B) failure to give notice of an absence or tardiness to the supervisor from within two hours before to within 30 minutes after starting time, as prescribed by departmental procedure;
(C) excessive separate absences or tardiness;
(D) absence or tardiness that causes service reduction or disruption; or
(E) excessive amounts of time off the job, regardless of the reason.
(2) Position abandonment occurs when an employee is absent from a position for three consecutive work days without authorization, or refuses an order to report to work. The employee is deemed to have abandoned the position and may be discharged.
(3) Inability to come to work occurs when an employee is absent due to an extended illness or injury after sick leave and/or wage supplementation have been exhausted.
(4) Inability or unwillingness to perform assigned work satisfactorily is exemplified by, but is not limited to, the following violations:
(A) failure to follow written or verbal instructions;
(B) arguing over assignments or instructions; or
(C) other deficiencies indicating the employee’s failure to adequately perform the responsibilities of the position.
(5) Indifference towards work is exemplified by, but is not limited to, the following violations:
(A) inattention, inefficiency, loafing, sleeping, carelessness, or negligence;
(B) failure to remain at one's work station, leaving work without permission, or taking excessive time for eating or break periods;
(C) performance of personal business, including but not limited to use of work time to study or complete school assignments when school work is not part of the employee's work duties and excessive use of personal cell phones or other electronic devices while on duty;
(D) interference with the work of others; or
(E) discourteous or irresponsible treatment of the public or other employees.
(6) Sabotage is exemplified by, but is not limited to, the following violations:
(A) deliberate damage to or destruction of city equipment or property;
(B) defacing of city property;
(C) unauthorized alteration, removal, destruction, or disclosure of city records;
(D) advocacy of or participation in unlawful trespass or seizure of city property;
(E) encouraging or engaging in slowdowns, sit-ins, strikes, or other concerted actions or efforts to limit or restrict employees from working;
(F) refusal to cross picket lines;
(G) interference with the public use of or access to city services, properties, or buildings; or
(H) threats to commit any act of sabotage as defined in this paragraph.
(7) Safety violations are exemplified by, but are not limited to, the following violations:
(A) failure to follow city or departmental safety rules and regulations;
(B) failure to use required safety apparel;
(C) removal or circumvention of a safety device;
(D) lifting in an unsafe manner;
(E) operation of a vehicle or other equipment in an unsafe manner;
(F) smoking, including the use of tobacco products and e-cigarettes, in a prohibited area;
(G) endangering of one's own safety or that of others by careless or irresponsible actions or negligence;
(H) failure to report an on-the-job injury, vehicle accident, or unsafe work conditions;
(I) failure of a supervisor to remove from the workplace or to assist to a safe location an employee whose mental capabilities are impaired due to injury, illness, alcohol or drug use, or emotional distress;
(J) failing a city-required drug or alcohol test; or
(K) texting or emailing while operating a motor vehicle on city business.
(8) Dishonesty is exemplified by, but is not limited to, the following violations:
(A) acceptance of money or anything of value from a person subject to the regulatory decision or supervision of the employee;
(B) cheating, forging, or willful falsification of official city reports or records;
(C) false reporting of the reason for paid leave of absence; or
(D) any other falsifying action detrimental to the city or fellow employees.
(9) Theft, regardless of item value, is exemplified by, but is not limited to, the following violations:
(A) unauthorized taking of city property or the property of others, including items from the trash;
(B) unauthorized use of city or employee funds;
(C) using or authorizing the use of city equipment or employee services for other than official city business; or
(D) using or authorizing the use of city equipment or employee services without proper authority.
(10) Insubordination is exemplified by, but is not limited to, the following violations:
(A) willful failure or refusal to follow the specific orders or instructions of a supervisor or higher authority; provided that:
(i) if the employee believes an instruction or order is improper, the employee should obey the instruction or order and file a grievance later; or
(ii) if the employee believes the instruction or order, if followed, would result in physical injury to the employee or others or damage to city equipment, the employee should request approval by the next higher level of supervision before performing the work, unless the danger complained about is inherent to the job;
(B) pursuit of a denied request to a higher authority without revealing the lower level disposition; or
(C) failure to submit to a drug and/or alcohol test when ordered to do so.
(11) Abuse of drugs or alcohol.
(A) Abuse of drugs or alcohol is exemplified by, but is not limited to, the following violations:
(i) an employee is unable to perform duties in an effective and safe manner due to:
(aa) ingestion, inhala-tion, or injection of a drug; or
(bb) ingestion of an alcoholic beverage;
(ii) an employee possesses, ingests, inhales, or injects into the employee’s body a drug:
(aa) during working hours;
(bb) in a city vehicle; or
(cc) on city property;
(iii) an employee possesses or ingests an alcoholic beverage:
(aa) during working hours;
(bb) in a city vehicle; or
(cc) on city property, except at an authorized city event; or
(iv) an employee tests positive on a drug or alcohol test.
(B) In this paragraph:
(i) “Drug” means a controlled substance as defined by Chapter 481 of the Texas Health and Safety Code.
(ii) “Alcoholic beverage” means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, that is capable of use for beverage purposes, either alone or when diluted.
(C) An employee or a city council member may be required to take a drug or alcohol test, administered in accordance with directives established by the city manager and reviewed by the city attorney, if there is reasonable suspicion that:
(i) the employee or city council member has ingested, inhaled, or injected a drug into the employee’s or city council member’s body or ingested an alcoholic beverage; and
(ii) the presence of the drug or alcoholic beverage in the body of the employee or city council member has made the employee or city council member unfit for work, compromised the performance of the job duties of the employee or city council member, or created a safety hazard.
(D) An employee who is ordered to submit to a drug and/or alcohol test and refuses to do so, or submits a false specimen for testing, will be discharged for insubordination.
(E) An employee who tests positive for drugs or alcohol may be discharged.
(12) Disturbance is exemplified by, but is not limited to, the following violations:
(A) fighting or boisterous conduct;
(B) deliberate causing of physical injury to another employee or citizen;
(C) intimidation, including but not limited to bullying and online harassment;
(D) unnecessary disruption of the work area;
(E) use of profane, obscene, abusive, threatening, or loud and boisterous language or gestures;
(F) harassment, including but not limited to sexual harassment, or workplace violence as defined in the administrative directives of the city;
(G) spreading of false reports; or
(H) other disruption of the harmonious relations among employees or between employees and the public.
(13) Abuse of city property.
(A) Abuse of city property is exemplified by, but is not limited to, the following violations:
(i) negligent damage or destruction of city equipment or property;
(ii) waste of materials or negligent loss of tools or materials;
(iii) improper maintenance of equipment; or
(iv) damage caused by use of tools or equipment for purposes other than that for which the tool or equipment was intended.
(B) In addition to being subject to appropriate disciplinary action, an employee shall be responsible for the repair or replacement of any item willfully or recklessly damaged by the employee. Failure to reimburse the city is cause for discharge.
(14) Misconduct is any conduct or criminal offense, during or off working hours, that, on becoming public knowledge, could have an adverse effect on the city or on the confidence of the public in city government.
(15) Disregard of public trust is any conduct, during or off working hours, that, on becoming public knowledge, could impair the public’s confidence or trust in the operation of city government.
(16) Possession of weapons.
(A) Possession of a weapon capable of causing serious bodily injury is prohibited on city property, unless specifically authorized and work related.
(B) In this paragraph, a weapon capable of causing serious bodily injury means, but is not limited to:
(i) any firearm;
(ii) any prohibited knife, including but not limited to:
(aa) a knife with a blade over five and one-half inches;
(bb) a hand instrument designed to cut or stab another by being thrown;
(cc) a dagger, including but not limited to a dirk, stiletto, or poniard;
(dd) a bowie knife;
(ee) a sword; and
(ff) a spear;
(iii) a switchblade knife;
(iv) any club, including but not limited to:
(aa) a blackjack;
(bb) a nightstick;
(cc) a mace; and
(dd) a tomahawk;
(v) any explosive weapon or device;
(vi) a firearm silencer;
(vii) knuckles;
(viii) ammunition;
(ix) a zip gun;
(x) any chemical dispensing device;
(xi) any caustic or corrosive liquid, such as acid or lye, capable of causing serious bodily harm; and
(xii) a taser.
(C) All other terms used in this paragraph have the meanings respectively given to them in the Texas Penal Code, as amended.
(D) An employee’s personal belongings located on city property may be searched if there is reasonable suspicion that the employee is in possession of a weapon capable of causing serious bodily injury on city property.
(E) Small personal canisters of pepper spray are permitted.
(F) Notwithstanding Paragraph (16)(A) of this subsection, an employee who holds a license to carry a concealed handgun, or who otherwise lawfully possesses a firearm or ammunition, may possess the firearm or ammunition in a locked, privately-owned vehicle in a city parking lot, a city parking garage, or any other parking area provided by the city for its employees.
(G) Every employee should refer to specific procedures, requirements, and definitions regarding possession of weapons that are additionally outlined in the administrative directives of the city.
(17) Failure to maintain dress, grooming, and personal hygiene standards appropriate to the employee’s work situation.
(18) Violation of an administrative directive of the city or a departmental rule or procedure.
(19) Failure to report a violation is exemplified by, but not limited to, failure to report to the proper authority any known violation described in this subsection within 10 working days after obtaining knowledge of the violation.
(c) Conflict of interest and undue political influence.
(1) Conflict of interest rules. Conflict of interest rules prohibit activities that tend to compromise an employee’s allegiance to the city. These rules are set forth in Chapter 12A, “Code of Ethics,” of this code and in Section 11, Chapter XXII of the city charter.
(2) Undue political influence in a city council election. To avoid undue influence of a city employee on the outcome of a Dallas city council election, and to avoid undue influence of city council members or candidates on a city employee, an employee or employee association shall comply with the regulations set forth in Chapter 12A, “Code of Ethics,” of this code, Section 16(b), Chapter XVI of the city charter, and any applicable court decisions.
(3) Non-city council elections. In an election other than a Dallas city council election, an employee shall comply with the regulations set forth in Chapter 12A, “Code of Ethics,” of this code, Section 16(c), Chapter XVI of the city charter, and any applicable court decisions.
(d) Disciplinary and legal actions. Where the evidence supports a violation of this section, disciplinary action may be taken independently of and prior to any legal action or conviction. (Ord. Nos. 19340; 20251; 22296; 22318; 24873; 28024; 28425; 28794; 31745 ; 32604 )
