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Legislation #: 970064 Introduction Date: 1/16/1997
Type: Ordinance Effective Date: 3/3/1997
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances, commonly known as the Administrative Code, by repealing Section 2-1112 and enacting in lieu thereof one new section which establishes a new process to handle employees arrested for a felony charge or serious violation of law, including ordinance violations.

Legislation History
DateMinutesDescription
1/16/1997

Prepare to Introduce

1/16/1997

Referred Finance & Administration Committee

1/22/1997

Hold On Agenda

1/29/1997

Hold On Agenda

2/12/1997

Do Pass as a Committee Substitute

2/13/1997

Assigned to Third Read Calendar

2/20/1997

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970064

 

Amending Chapter 2, Code of Ordinances, commonly known as the Administrative Code, by repealing Section 2-1112 and enacting in lieu thereof one new section which establishes a new process to handle employees arrested for a felony charge or serious violation of law, including ordinance violations.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances, commonly known as the Administrative Code, is hereby amended by repealing Section 2-1112 and enacting in lieu thereof one new section to read as follows:

 

Sec. 2-1112. Suspension.

 

(a) Generally. A department head may for cause suspend an employee without pay for a period or periods not exceeding 30 calendar days in any 12 months; however, no single suspension shall be for more than 15 calendar days. The department head shall notify the employee concerned and the director of human resources in writing not later than one day after the date the suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any permanent employee who is suspended may appeal for a hearing in writing to the personnel board within ten calendar days of notice of suspension.

 

(b) Effect of arrest or conviction. Any permanent employee who is arrested for a felony charge or a serious violation of law, including ordinance violations, and has a trial pending shall have his case reviewed by the department head or designee. The department head, or designee, taking into consideration the duties and service of the employee, shall have the authority to reassign the employee to a less sensitive position or to suspend the employee until such time as a judgment is rendered by the court. If the employee either pleads guilty, no contest or the equivalent, or is subsequently convicted of a felony charge or a serious violation of law, including but not limited to a reduced charge as a result of a plea bargain, he or she may be removed from the municipal service. If the suspended employee is found not guilty and is released by the court, he or she shall be reinstated to the former position with pay upon the employee's furnishing the department head, or designee, proper documentation regarding other employment, if any, for all time he was suspended as a result of such charges. However, any earnings of a suspended employee from another employer during the period of suspension shall be offset against the back pay with the city.

 

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Approved as to form and legality:

 

 

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Assistant City Attorney