The text
Sec. 11-46. - Discipline and discharge of employees, and officers appointed by city council.#
(a)
A city council appointee or employee may be disciplined up to and including discharge from employment for any of the following reasons:
(1)
Failure to meet prescribed standards of work, morality and ethics to an extent that makes an employee unsuitable for any kind of employment in the city service.
(2)
Theft, destruction, or misuse of city property.
(3)
Incompetency, inefficiency or negligence in the performance of the employee's job or position duties.
(4)
Insubordination, malfeasance or misfeasance.
(5)
Conviction of a criminal offense.
(6)
Disgraceful personal conduct.
(7)
Unauthorized absences or abuse of leave privileges.
(8)
Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his duties.
(9)
Falsification of records or use of official position for personal advantage.
(10)
Violation of employee policies as set forth in the city's personnel manual.
(11)
Violation of the Rhode Island Code of Ethics.
(b)
The type, nature and extent of such discipline shall be within the sole discretion of the city council, including, but not limited to, oral and written reprimands, suspensions with or without pay and discharge.
(c)
The council, by a vote of three of its members, may impose such discipline up to and including discharge from employment upon any employee, or officer appointed by it for any of the above reasons, provided that the employee shall first have been served with a written notice of the intention of the council to impose such discipline. This notice shall contain the reasons for the discipline and will fix a time and place not less than ten days after the service of such notice, at which time the employee shall be given an opportunity to be heard in his or her defense. The hearing shall be public at the option of the employee who is the subject of the hearing, and the employee may be represented by counsel. From the time of the notice, the employee may be retained in duty status, placed on leave or suspended with or without pay and benefits, at the discretion of the majority of the council. If the council imposes any suspension during the notice period, such suspension shall be considered discipline served if any disciplinary action is taken as a result of the hearing. If no disciplinary action is taken as a result of the hearing, any withheld pay or benefits shall become due and owed to the employee. If the employee fails to respond to the advance notice, the proposed action of the council shall be effective on the date specified with no need for further action. Otherwise, the council shall carefully consider the reply of the employee before making a final decision. The council shall promptly transmit to the employee a written notice of its decision. The decision of the council shall be final.
(d)
It is the policy of the city not to rehire former employees who have been dismissed or who resigned while charges were pending under this section.
(Ch. 452, § I(11-46), 10-21-97; Ch. 693, § I, 1-16-18; Ch. 827, § I, 11-16-21)
Cross reference— Boards, committees, commissions, § 2-36 et seq.; officers and employees, § 2-207 et seq.