§ 2-211.08. Suspension pending resolution of criminal charges.

(a) In the event an employee is charged with any crime, the employee may be suspended with or without pay.

(b) At any time, the city manager, or his designee, shall have the option of taking disciplinary action based on his own investigation without regard to the existence, status or final disposition of the criminal charges.

(c) The city manager may elect to wait until the criminal proceeding, or a particular phase thereof, is concluded before considering disciplinary action. In such a case, the city manager will take the resolution of the criminal proceeding, or phase thereof, under consideration but shall not be bound thereby and shall make his own determination as to the facts and the appropriate disciplinary action, if any.

(d) Under paragraphs (b) and (c) above, the city manager will not consider anything less than a finding by a judge or a jury, whichever is applicable, of not guilty as relevant to the issue of whether the employee engaged in the conduct in question.

(e) If an employee charged with a crime is found not guilty by a judge or jury, and the city manager determines no disciplinary action is warranted, the employee will be reinstated with back pay less amounts earned, unemployment compensation and periods of time the employee was unavailable to work or did not make every reasonable effort to find work.

(Ord. No. 2001-08, § 1, 6-19-01)