Disciplinary procedures.
Cape Coral Code of Ordinances § 2-31.4
in effect§ 2-31.4 - Disciplinary procedures.
(a) Applicability to employees covered by a collective bargaining agreement. When disciplinary action is both appealable as provided herein and grievable under the grievance procedure prescribed by a collective bargaining agreement, an employee who is in a position that is in a certified bargaining unit covered by the collective bargaining agreement shall have the option of utilizing the appeal procedure prescribed herein or the collective bargaining grievance procedure, but such employee cannot use both the appeal procedure and the grievance procedure.
(b) Notice. When disciplinary action against an employee with regular status is contemplated by the city, the department head shall provide the employee with written notice of the intended action(s). The written notice shall be hand delivered or mailed by certified mail, return receipt requested, to the employee and shall include the following:
(1) The proposed effective date of the disciplinary action;
(2) The specific charges or reasons for the action and identification of any documents on which the charges are based;
(3) A statement advising the employee that he may, within three working days of receipt of the notice, submit a request in writing for an informal pre-disciplinary conference to refute or explain the charges made against the employee;
(4) The name, address and telephone number of the person to whom the request for a conference shall be directed; and
(5) A statement advising that if the employee requests a conference, no disciplinary action will take effect until after the conference has been held. The conference shall be held at a time and place determined by the city, normally during regular business hours.
(c) Pre-disciplinary conference.
(1) The conference shall be conducted by the person who has the authority to make a decision as to what, if any, discipline is to be imposed, generally the department head. In the case of a department head, the City Manager shall conduct the pre-disciplinary conference.
(2) The person conducting the pre-disciplinary conference shall explain that the purpose of the conference is to hear the employee's position concerning the charges and to provide an opportunity to reevaluate the situation after reviewing the information presented by the employee.
(3) The conference shall be informal and shall not be in the nature of an evidentiary hearing. The employee may bring an attorney, at his or her own expense, to assist or advise him or her, but formal rules of evidence shall not apply.
(4) The employee shall be permitted to submit relevant information, orally or in writing, or both. The employee shall be informed that if he chooses to make no response, the city will proceed on the basis of the best information it can obtain without such response.
(5) At the conclusion of the conference, the person conducting the conference shall inform the employee when the decision on whether to take disciplinary action will be forthcoming and how the employee will be notified.
(6) After considering all information presented at the conference, the person conducting the conference may rescind or lessen the discipline first intended, or may proceed. In no event shall the discipline imposed be greater than that specified in the notice of proposed disciplinary action.
(7) The person who conducted the pre-disciplinary conference shall notify the employee of the outcome of the pre-disciplinary conference in writing. If the decision is to impose disciplinary action on the employee, then the disciplinary action to be imposed must be embodied in a final notice of disciplinary action which must be provided to the employee by hand delivery or by certified mail, return receipt requested. The final notice of disciplinary action shall state clearly the nature of the discipline to be imposed, the effective date(s) of such discipline, and the reasons for the disciplinary action. Except in those instances where the employee being disciplined is a department head, the final notice of disciplinary action shall also contain a statement informing the employee of his or her right to seek review by the City Manager of the decision of the department head or his or her designee and the time period in which such review must be requested and a statement advising that if the employee requests such review, no disciplinary action will take effect until after the review has been completed. In the event the employee being disciplined is a department head, then the final notice of disciplinary action from the City Manager shall contain a statement informing the department head of his or her right to appeal the action taken as provided in Division 8 or this article.
(d) Review by City Manager.
(1) The employee shall have ten working days from receipt of the final notice of disciplinary action within which to request, in writing, a review by the City Manager of the decision imposing disciplinary action. The written request shall be filed with the City Manager's office and shall state the reason or reasons the employee believes that the disciplinary action was not justified.
(2) Within ten working days from receipt of the employee's request for review of the decision imposing disciplinary action, the City Manager shall schedule a proceeding for the purpose of reviewing the decision imposing disciplinary action.
(3) At the review proceeding, the City Manager shall explain that the purpose of the proceeding is to determine whether the disciplinary action to be imposed is based on good and sufficient cause.
(4) The review proceeding shall be informal and shall not be in the nature of an evidentiary hearing. The employee may bring an attorney to assist or advise him or her, but formal rules of evidence shall not apply.
(5) The employee and the department head shall be permitted to submit relevant information, orally or in writing, or both.
(6) At the conclusion of the review proceeding, the City Manager shall inform the employee when a decision on the request for review will be forthcoming and how the employee will be notified. The decision shall be rendered not more than 15 working days after the conclusion of the review proceeding.
(7) After considering all information presented at the proceeding, the City Manager may rescind or lessen the discipline first intended, or may uphold the decision of the department head or his or her designee. In no event shall the discipline imposed be greater than that specified in the final notice of disciplinary action.
(8) The City Manager shall notify the employee of the outcome of the review proceeding in writing. The notice shall clearly state whether the City Manager has upheld, modified, or reversed the decision of the department head or his or her designee to impose disciplinary action. If, based on the review proceeding, the City Manager modifies or upholds the discipline imposed in the final notice of disciplinary action, then the notice shall state clearly the nature of the discipline to be imposed, the effective date(s) of such discipline, and the reasons for the disciplinary action. In addition, the notice from the City Manager shall contain a statement informing the employee of his or her right to appeal the action taken as provided in Division 8 of this article.
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIIPERURE_DIV7DIREEM_S2-31.4DIPRFetched: 11/4/2026