§ 20. Removals, suspensions and other corrective and disciplinary action for maintaining standards of service.

The tenure of persons who have been regularly and permanently inducted into positions of the Classified Service shall be during good behavior, provided, however, the appointing authority may remove any employee from the service, or take such disciplinary action as the circumstances may warrant, and, as hereinafter provided, for any one of the following reasons:

1.

Unwillingness or failure to perform the duties of his position in a satisfactory manner.

2.

The deliberate omission of any act that it was his duty to perform.

3.

The commission or omission of any act or acts to the prejudice of the departmental service; or any act contrary to public interest or policy.

4.

Insubordination.

5.

Conduct of a discourteous or wantonly offensive nature toward the public, any municipal officer or employee; and, any dishonest, disgraceful, immoral, or prejudicial conduct.

6.

Drinking vinous or spirituous liquors while on duty; and reporting for duty while under the influence of liquor.

7.

The use of intoxicating liquors or habit-forming drugs, liquid, or preparation to an extent which precludes such employee from performing the duties of his position in a safe or satisfactory manner.

8.

Falsely making a statement of any material fact in his application for admission to any test for securing eligibility or appointment to any position in the Classified Service, or, the practicing or attempting to practice fraud or deception in any such test.

9.

The conviction of a felony.

10.

Using or promising to use his influence or official authority to secure any appointment to a position within the Classified Service as a reward or return for partisan or political services.

11.

Soliciting or receiving any money or valuable thing from any person, or group of persons, for any political party or political purpose.

12.

Inducing, or attempting to induce by threats of coercion, any person holding a position in the Classified Service to resign his position, take a leave of absence from his duties, or waive any of his rights under the provisions of this Act, or of the rules lawfully adopted hereunder.

13.

The development of any defect or physical or mental condition which precludes the employee from properly performing the duties of the position; or the development of any physical or mental condition that may endanger the health or lives of fellow employees.

14.

The wilful violation of any provision of this Act, or of any rule, regulation, or order lawfully adopted hereunder.

15.

Any other act or failure to act which the Board shall approve as being sufficient to show the offender to be an unsuitable or unfit person to be employed in the respective service. Unless such cause or condition justifies an employee being permanently removed from the service, such other action may extend to suspension without pay for a period or periods not exceeding the aggregate of thirty (30) days in any period of twelve (12) consecutive months, reduction or demotion to a position of any lower class and to the rate of pay prevailing therefor, or such other less drastic action that may be appropriate under the circumstances; providing that nothing contained herein shall prevent any employee who is physically unable to perform the duties of his position from exercising his rights of voluntary retirement under any provision of law applicable therefor.

(A)

Although it is incumbent upon the appointing authority to initiate any such corrective or disciplinary action, the Board may, and shall do so upon the written request of any qualified elector of the City who specifies the reasons therefor. The Board shall make an investigation of the conduct and performance of such employee and thereupon may render such judgment and order such action to be taken by the appointing authority as it may deem pertinent, and such action shall be forthwith taken by the said appointing authority.

(B)

In every case of corrective or disciplinary action taken against a regular employee of the Classified Service, the appointing authority shall furnish the employee and the Board a statement in writing of the action and the complete reasons therefor, which notice shall be given to the employees not later than the time such corrective or disciplinary action is taken.