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Legislation #: 130819 Introduction Date: 10/17/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Article VIII of the Administrative Code of Kansas City, Missouri, relating to the suspension, dismissal or demotion of city employees, by repealing Sections 2-1112, 2-1113, and 2-1114, enacting in lieu thereof sections of like number and subject matter; and adding a new section 2-1114.5, and that require departments to forward recommendations for suspension, demotion and/or dismissal to the Director of Human Resources for review and approval, and to meet with the City Manager and Director of Human Resources when a department director does not agree with the determination of the Director of Human Resources.

Legislation History
DateMinutesDescription
10/17/2013 Filed by the Clerk's office
10/17/2013 Referred to Finance, Governance & Ethics Committee
10/23/2013 Advance and Do Pass as a Committee Substitute, Debate
10/24/2013 Councilmember Sharp (Second by Circo) Move to Amend
10/24/2013 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
130819.pdf Authenticated 294K Authenticated
130819 Fiscal Note.pdf Fiscal Note 69K Fiscal Note
130819 Fact Sheet.pdf Fact Sheet 100K Fact Shet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130819, AS AMENDED

 

Amending Article VIII of the Administrative Code of Kansas City, Missouri, relating to the suspension, dismissal or demotion of city employees, by repealing Sections 2-1112, 2-1113, and 2-1114, enacting in lieu thereof sections of like number and subject matter; and adding a new section 2-1114.5, and that require departments to forward recommendations for suspension, demotion and/or dismissal to the Director of Human Resources for review and approval, and to meet with the City Manager and Director of Human Resources when a department director does not agree with the determination of the Director of Human Resources.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Article VIII of the Administrative Code of Kansas City, Missouri, is hereby amended by repealing Sections 2-1112, 2-1113, and 2-1114, and by enacting in lieu thereof sections of like number and subject matter; and adding a new section 2-1114.5, and 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 human resources board within ten calendar days of notice of suspension.

 

(b)   Suspension pending investigation/predetermination hearing. In order to protect the city's interests, a department head may remove an employee from the workplace and place the employee on suspension without pay pending the completion of an internal investigation or predetermination hearing. Such suspensions shall not be the normal course of business and should be utilized only when necessary to prevent the destruction of evidence/property, protect citizens or employees from harm/intimidation, or to protect the public's interest and confidence in city government. 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 anticipated duration of the suspension. No suspension pending an investigation shall exceed 15 calendar days without prior approval from the city manager. Any permanent employee who is suspended may appeal for a hearing in writing to the human resources board within ten calendar days of the effective date of the suspension. Permanent employees placed on suspension pending an investigation may also, at their request, utilize their free day, and/or accrued vacation and compensatory leave time. If the investigation finds that a suspension or the length of the suspension was not warranted, the employee shall be entitled to receive full back-pay.

 

(c)    Effect of arrest or conviction. Any employee who is arrested for a felony or Missouri class A misdemeanor charge or its equivalent or an ordinance or statutory violation alleging bodily harm or threat thereof, and has a trial pending shall have his case reviewed by the department head or designee. It is the employee's responsibility to notify his or her department head of such charges. 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 or Missouri class A misdemeanor charge or its equivalent or an ordinance or statutory violation involving bodily harm or threat thereof, 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. It is the employee's responsibility to keep his or her department head aware of any pending charges, and the outcome of the charges against him or her.

 

Sec. 2-1113. Demotion.

 

(a)    A department head may demote any employee for cause. A written statement of the reasons for any such action shall be furnished to the employee and a copy filed with the director of human resources at least seven (7) calendar days prior to the effective date of the action. No demotion shall be made as a disciplinary action unless the employee to be demoted is eligible for employment in the lower class. Any regular employee who is demoted may appeal for a hearing in writing to the human resources board within ten days of receipt of written notice of such action.

 

Sec. 2-1114. Dismissal.

 

(a)    Generally. A department head may dismiss for cause any regular employee under his jurisdiction by delivering, at least seven (7) calendar days before the effective date thereof, a written statement of reasons to the employee concerned and to the director of human resources.

 

(b)   Suspension pending discharge. If the department head, because of the reasons for the discharge, desires to make an immediate separation from the service, he may make a suspension without pay pending discharge by so notifying the director of human resources in writing of the recommendation and the reasons therefore. Such action shall automatically result in permanent separation at the end of the suspension period. Suspensions pending discharge shall not be subject to the limitations of suspension length provided in other sections of this article.

 

(c)    Appeal. Any regular employee so dismissed shall have the right to appeal in writing within ten days of the date of receipt of the letter of dismissal to the human resources board and shall be granted a hearing as provided for in section 907 of the Charter.

 

Sec. 2-1114.5. Recommendation for disciplinary action for workplace misconduct or

for effect of arrest or conviction:

 

(a)    A department head seeking to demote or terminate an employee, other than as part of a reduction in force, or to suspend an employee due to an alleged serious workplace infraction, as defined by the Human Resources Rules & Policy Manual; or as a result of an employee’s arrest or conviction for a felony or Missouri Class A Misdemeanor charge or its equivalent or an ordinance or statutory violation involving bodily harm or a threat thereof shall first forward the findings of his or her investigation and/or justification for his or her recommendation for disciplinary action to the director of human resources for review and approval. This action shall be performed prior to scheduling and/or holding a predetermination hearing.

 

(b)   Upon receipt, the director of human resources will review the information provided to ensure that a thorough and fair investigation has been completed. The director of human resources will also consider the department head’s recommendation to determine if it is reasonable based on the information submitted, and whether it is consistent with previous similar violations.

 

(c)    Should the department head and the director of human resources disagree on the level of disciplinary action, the department head and the director of human resources shall meet as soon as feasible with the City Manager to discuss the matter. The City Manager shall have final authority to determine the disciplinary action.

 

______________________________________

 

Approved as to form and legality:

 

 

___________________________

Saskia C.M. Jacobse

Associate City Attorney