§ 2-211.07. Types of offenses.

(a) There are two (2) groups of sample offenses for which employees may be disciplined up to and including termination, and the guidelines for recommended penalties for those examples of unacceptable conduct are set forth below; however, the principles concerning application of discipline to these sample offenses as set forth in sections 2-211.01 and 22-211.04 above shall apply. Nothing herein shall be construed to require the city to have just cause for any form of disciplinary action, including termination, or to limit disciplinary action to the sample offenses enumerated below.

(b) This paragraph provides recommended but not mandatory penalties to apply to the specific example offenses listed here; however, the penalty utilized shall be discretionary with management in all matters of discipline and nothing herein shall require that a particular form of discipline be utilized in any case prior to the utilization of another form of discipline; provided, however, in the event a department head wishes to deviate from the recommended penalty, he shall first obtain approval from the human resources director and the city manager, or his designee.

Group I Offenses

First offense—Documented verbal warning.

Second offense—Written reprimand.

Third offense—Up to ten (10) days suspension without pay.

Fourth offense—Up to termination.

(1) Quitting work, wasting time, loitering or leaving assigned work area during working hours without permission.

(2) Taking more than allowable times for meal or rest periods.

(3) Unacceptable productivity or competency.

(4) Sleeping on the job unless authorized to do so.

(5) Reporting to work or working while unfit for duty, either mentally or physically, unless the condition is a legally recognized disability in which case the matter will be dealt with in accordance with applicable law.

(6) Violating a safety rule or practice.

(7) Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief, and distracting the work of others, catcalls, or other disorderly conduct.

(8) Failure to report the loss of city equipment or other city property entrusted in the employee's custody.

(9) Failure to keep the city and department notified of the employee's current proper address and telephone number, if required to do so.

(10) Gambling, lottery or engaging in any other game of chance while on duty on city property, or in any fashion that brings disrepute upon the city.

(11) Violation of published city or departmental policies, rules, standards, orders, operating procedures or regulations not specifically included in Group 2.

(12) Failure to report illegal activity involving city business.

(13) Solicitation of money or anything of value on city property, in a city vehicle, or while wearing a city uniform.

(14) Engaging in any private activity, other than being at home at rest, in the hospital, visiting a doctor, or engaging in other medically related required activities, after reporting being off sick.

(15) Unexcused tardiness or absence.

(16) Untidy appearance or failure to wear the proper uniform.

(17) Failure to possess and maintain a current and valid Florida motor vehicle operator's license, if driving a vehicle is required by the city as an essential part of the employee's job.

(18) Use of city issued equipment or uniforms when not on duty without permission of the department head, or his designee.

(19) Operating, using, or possessing tools, equipment or machines to which the employee has not been assigned.

(20) Failure to report an accident or personal injury in which the employee was involved while on the job or in a city vehicle.

(21) Creating or contributing to unsafe and unsanitary conditions or poor housekeeping.

(22) Posting or removal of materials from the city's official bulletin boards.

(23) Failure to report a request for information or receipt of a subpoena from a law firm or an attorney for a matter relating to city business.

(24) Knowingly harboring a serious communicable disease which may endanger other employees without advising the city.

Group II Offenses

First offense— Up to termination.

(1) Conviction of a felony.

(2) Abuse of leave privileges.

(3) Use of official position for personal advantage.

(4) Deliberately or negligently misusing, destroying, losing or damaging any city property or property of an employee.

(5) Falsification of personnel, city, or departmental records, including employment applications, accident records, work records, purchase orders, time sheets, or any other report, record, or document.

(6) Making false claims or intentional misrepresentation in an attempt to obtain sickness or accident benefits, workers' compensation, or any other benefit.

(7) Insubordination or the refusal to perform work assigned, or to comply with written or verbal instructions of a supervisor.

(8) Use, possession, or display of explosives, or weapons on or in city property, unless specifically permitted by law or by the city.

(9) Removal of city property or any other employee's property from city locations without proper authorization; theft of city property or any employee's property.

(10) Failure to return at the end of an authorized leave of absence.

(11) Concerted curtailment, restriction of production, or interference with work in or about the city's work stations including, but not limited to, instigating, leading, or participating in any walkout, strike, sit down, stand-in, slowdown, or refusal to return to work at the scheduled time for the scheduled shift.

(12) Absent without permission or leave (AWOL).

(13) Acceptance of a gift, service, or anything of value in the performance of duty or under any other circumstances where the employee knew or should have known it was given with an expectancy of obtaining a service or favored treatment.

(14) Possession, use, sale, attempt to sell, or procure illegal controlled substances at any time whether on or off city property or whether on or off duty; and possession, use, sale or attempt to sell or procure alcoholic beverages while on duty, on city property, or while operating or riding in or on city equipment.

(15) Refusal to fully and truthfully cooperate in an investigation conducted by or at the direction of the city.

(16) On or off the job conduct which adversely affects the ability of the employee to perform his duties and/or adversely affects the efficient operation of the city government or any department, division, or area of city government.

(17) Discourteous, insulting, abusive, or inflammatory language or conduct toward the public or co-workers.

(18) Improper racial or sexual comments, harassment or acts directed to any city employee or the general public.

(19) Threatening, intimidating, coercing, or interfering with fellow employees or supervision at any time.

(20) Provoking or instigating a fight, fighting while on duty, except in self-defense.

(21) Unauthorized personal use of the tax exempt number for any reason.

(22) Accepting a bribe or gratuity, committing an illegal act or accepting a gratuity for performing the normal duties as a city employee.

(23) Failure to report in writing an offer of a bribe or gratuity to permit an illegal act.

(24) Communicating or imparting confidential information either in writing or verbally to any unauthorized person.

(25) Removal of city property or any employee's property from city locations without proper authorization; theft of city property or any employee's property.

(26) Incompetence, inefficiency, or negligence in the performance of duty.

(c) The above list does not include all of the reasons for which an employee may be subject to disciplinary action, but as stated earlier, is intended to provide examples of inappropriate conduct.

(Ord. No. 2001-08, § 1, 6-19-01; Ord. No. 2008-22, § 1, 7-15-08; Ord. No. 2011-20, § 6, 9-20-11)