§ 2-31.3 - Reasons for discipline.
One or more of the following reasons shall constitute cause for disciplinary action:
(a) Incompetence or continued rendering of unsatisfactory service after instruction and/or counseling;
(b) Gross neglect of duty or specific serious failure to perform assigned duties;
(c) Mental or physical impairment, normally as supported by written documentation from not less than two licensed physicians, that prevents the employee, even with reasonable accommodation, from performing the essential functions of his or her position;
(d) Insubordination;
(e) Serious breach of discipline;
(f) Absence without leave, or failure to give proper notice of absence;
(g) Failure to return to duty at the end of an authorized absence;
(h) The use of alcoholic beverages or unauthorized controlled substances while on duty;
(i) Impairment, to any degree, of an employee's ability to effectively perform his or her job duties due to the use of drugs, alcoholic beverages, narcotics or other controlled substances;
(j) Possession of unauthorized controlled substances during working hours on city property;
(k) Conviction, or entry of a plea of guilty or nolo contendere, of a felony or of a misdemeanor charge directly related to the employee's job duties;
(l) Negligent or willful damage to city property;
(m) Theft, conversion of, or willful or careless waste of, city supplies, property, or equipment;
(n) Excessive unauthorized tardiness or absence from work;
(o) Inducing or attempting to induce an officer or employee of the city to commit an unlawful act;
(p) Using, threatening, or attempting to use personal or political influence in securing promotion, leave of absence, transfer, change in pay, change in character of work, or a change in any other term or condition of employment. For purposes of this section the exercise by an employee of his or her right to petition the City Council shall not be considered to be "personal or political influence";
(q) Taking for personal use from any person, a fee, gift, or other valuable thing in the course of work or in connection with work, when the gift or other valuable thing can reasonably be assumed to be offered with the intent or expectation of receiving a favor or better treatment than that accorded other persons. The payment of less than $25 for a meal consumed in the course of business is not included in this prohibition;
(r) Except as allowed pursuant to F.S. § 790.251, the unauthorized possession of firearms, knives, explosives, or other weaponsduring and in the course of the employee's official duties;
(s) Falsification of any document related to the employee's city employment, including but not limited to, the employee's qualifying application for employment and/or promotion, the employee's time sheets, or any other official document of the city;
(t) Unauthorized use of city personnel services, supplies, property, facilities, or equipment;
(u) Engaging in personal or business activities unrelated to city employment during work hours;
(v) Refusal or failure to fully and truthfully cooperate in any investigation related to city business and conducted by or at the direction of the City Council, City Manager, City Police Department, City Attorney, or the department head;
(w) Failure or refusal to perform tasks properly assigned by any person in authority;
(x) Violation of department work rules or operating procedures;
(y) Insulting, inflammatory, or abusive language or conduct toward other city employees or toward members of the public while on duty;
(z) Sleeping while on duty without authorization;
(aa) Engaging in a strike prohibited by F.S. § 447.505, as such may hereafter be amended;
(bb) Fighting, horseplay, unsafe conduct or misconduct while on duty or during work hours on city property;
(cc) Harassment, brutality or cruelty to another city employee or member of the public, provided that the act was not lawfully or necessarily committed in self defense or to protect the lives of others, or to prevent the escape of a person in custody;
(dd) Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel action, because of political or religious affiliations, or because of sex, color, age, marital status, handicap, physical or mental impairment, race, national origin, citizenship status, or any other non performance factor;
(ee) Ethnic, racial, religious, sexual, or other harassment directed toward any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel action;
(ff) Failure to maintain competence, qualifications, or legal capacity to perform the duties of the employee's position;
(gg) Utilization of official position for unauthorized personal gain;
(hh) Actions or conduct detrimental to the interests of the city; and
(ii) Any other properly substantiated cause which adversely affects the city.
(Ord. 58-11, 9-26-2011)
