Discipline Policy

Date Established: October 19, 2020
Date Last Updated: October 19, 2020

Purpose
The purpose of this policy is to support the efficient delivery of services through an orderly and disciplined work force, and to protect the interests of the citizens of Ames, all City employees, and the good will and property of the City of Ames. The disciplinary procedures set forth herein are intended to be corrective where possible, and to provide for the orderly removal of employees who do not conform to standards of job performance or conduct.

Policy Statement
An employee who fails to maintain proper standards of conduct as set forth in City policies or procedures, departmental rules and regulations, and any applicable local, state, or federal regulations shall be subject to disciplinary action up to and including discharge. Proper standards of conduct include exemplifying the City’s organizational values. Examples of transgressions that may result in disciplinary action include but are not limited to neglect of duties, disobedience of orders, willful misconduct or failure to properly perform the duties of the employee’s position. The suspension, demotion or discharge of an employee holding Civil Service rights may be appealed to the Civil Service Commission as provided in Iowa Code Chapter 400. Non-Civil Service employees may appeal disciplinary actions through the Grievance Procedures.

Just Cause
Discipline of regular employees must in all cases be based on just cause. Discipline shall be accompanied by written notice of the specific acts or omissions upon which the discipline is based. An oral reprimand must also be documented with a written summary provided to the employee.

Temporary Employees
All temporary employment, including seasonal, shall be at-will. A department head may terminate the employment of a temporary employee for any lawful reason, without right to appeal.

Progressive Discipline
The purpose of progressive discipline is to provide the opportunity for an employee to modify behavior to conform to standards of performance or conduct. Progressive discipline is a principle, and nothing in this chapter shall be construed to mean that all steps of progressively serious discipline must be followed in every case. The seriousness of each offense and the record of the employee shall be judged on their own merits, and discipline applied accordingly.

Consultation with Human Resources Department
A supervisor or department head who intends to discipline an employee shall first consult with the Human Resources Department to ensure the proposed discipline follows the procedural requirements of this policy and the law, and to ensure consistency across the City organization. If discipline is issued without consultation with Human Resources, the discipline remains in effect.

Pre-disciplinary Hearing
A department head who intends to suspend, demote or discharge a regular employee for cause must provide the employee with a written notice of intent to discipline. Such notice must set forth the act or omission upon which the disciplinary action is based. The notice must inform the employee of the date and time of the employee’s pre-disciplinary hearing. The employee must be advised that, at the pre-disciplinary hearing, the employee will have the opportunity to present reasons why proposed discipline should not be imposed. At the conclusion of the hearing or within a reasonable time thereafter, the employee will be informed if the proposed discipline will occur. During a pre-disciplinary hearing the employee may have another person present for counsel or as a witness to the proceeding; however, such person may not serve as an advocate or speak for the employee.

The City Manager may authorize or direct that a staff member other than a department head conduct a pre-disciplinary hearing. The City Manager may grant such authority in specific cases, or may grant general authority to a department head to delegate the conduct of pre-disciplinary hearings to other managerial staff in the department.

Forms of Disciplinary Action
1. Oral Reprimand
The supervisor shall issue an oral reprimand to put the employee on notice that the employee’s performance or conduct is substandard and to advise the employee of the expected improvement of conduct. Following an oral reprimand, continued substandard conduct or performance may warrant a higher degree of discipline.

2. Written Reprimand
In the case of a more serious offense or in the case where an employee’s performance or conduct has not improved as a result of one or more oral reprimands, the supervisor shall issue a written reprimand. This written record puts the employee on formal notice that the employee’s performance or conduct is unacceptable. It also documents the specific acts or omissions upon which the discipline is based, as well as the expected corrective action. Following a written reprimand, continued substandard conduct or performance may warrant a higher degree of discipline.

3. Suspension
In the case of serious and/or intentional transgression, or in the case where an employee’s performance or conduct has not improved as a result of prior discipline, an employee may be suspended without pay. With the approval of the City Manager, the department head may suspend an employee without pay for up to 30 calendar days. The employee shall receive a written notice of the suspension which documents the specific acts or omissions upon which the discipline is based as well as the expected corrective action. Following suspension, continued substandard conduct or performance may warrant a higher degree of discipline.

Demotion
The department head may, with the approval of the City Manager, demote an employee. An employee who is demoted must possess the minimum qualifications for the lower position. The employee shall be given timely written notice of the demotion and the reasons for the action.
The employee may be allowed to retain the same rate of pay in the lower position as was held in the higher position before the demotion, providing that the employee’s rate of pay is not higher than the maximum rate of pay for the lower position. Upon the department head’s recommendation and with the approval of the City Manager, further reduction in pay may also be ordered.

Discharge
With just cause and with the approval of the City Manager, the department head may discharge an employee.

Contact Information
Human Resources Director
hr@cityofames.org
515-239-5199

City Manager’s Office
515-239-5101