4.50.050 Department director procedure for imposing adverse action.
A. Except as provided in PMC 4.50.030, before notifying an employee of intent to impose adverse action, a department director must consult with the personnel officer, city manger, and city attorney. Thereafter, the department director shall:
1. Give written notice to the employee of the charge or charges against the employee;
2. Explain to the employee the basis, i.e., the evidence, supporting each charge; and
3. Allow the employee a reasonable opportunity to present their side of the story. If the employee requires time to prepare the presentation, up to three days shall be provided. Such presentation shall not be prepared on city’s premises. The employee may be represented by counsel at their own expense.
B. After steps in subsections (A)(1) through (3) of this section have occurred, the department director shall consult with the city manager and city attorney and determine in writing:
1. Whether there are reasonable grounds to believe the charges against the employee are true; and
2. Whether the charges support the adverse action.
C. Only after the procedures in subsection (A) of this section have been completed may the department director notify the employee of intent to impose adverse action.
D. The notice of intent to impose adverse action shall notify the employee:
1. Of the department director’s intent to impose a specified adverse action on the employee;
2. Of the statement of cause for the action including the determination of items in subsection (A) of this section;
3. That the employee has the right to a hearing before a hearing officer to contest the imposition of the adverse action; and
4. That if the employee does not deliver a written request for the hearing to the city manager within two working days after service upon the employee of the notice of intent, the adverse action shall be imposed and the employee shall have waived all right of appeal.
E. For administrative investigation purposes only, a department director may require written statements from any employee, including the charged employee, describing or explaining the charged employee’s conduct or omissions at any time. Failure by any employee to provide a complete and truthful statement may be grounds for expedited discharge. (Ord. 16-018 § 3, 2016; Ord. 12-001 § 3, 2013)