Sec. 11-69. - Separation from service.

(a)

Tenure. The tenure of every employee holding a position in the classified service shall be during good behavior and demonstrated fitness for the position he holds. Any such employee may be removed or disciplined as provided in this division.

(b)

Suspension. The appointing power may suspend with or without pay an employee from his position at any time for the good of the service, for disciplinary purposes or for other just cause. A department head, with the approval of the mayor, may for disciplinary purposes suspend without pay, with written notice, any classified employee in his department. Such suspensions shall be reported immediately to the director by the department head.

(c)

Layoff. The appointing authority may lay off an employee in the classified service when he deems it necessary by reason of shortage of work or funds, the abolition of the position, material change in the departmental organization or for other related reasons which are outside the employee's control and which do not reflect discredit upon the service of the employee. No temporary or permanent separation of an employee from the city service as a penalty or disciplinary action shall be considered as a layoff. The name of the employee laid off shall be placed on the appropriate list as provided by the division.

(d)

Discharge. An employee may be discharged by the appointing authority for activities prohibited in the Charter and for insubordination, inefficiency, abuse of sick leave, misconduct, disloyalty or other similar just cause. No discharge of a permanent classified employee shall take effect, unless five days prior to the effective date thereof the appointing authority shall give to such employee a written statement setting forth in detail the reasons therefor and shall file a copy of such statement with the director. Any permanent classified employee shall have the right to appeal to the mayor and further appeal to the hearing board in accordance with provisions of this chapter.

(e)

Resignation. To resign in good standing an employee in the classified service must give the appointing authority at least 14 calendar days prior notice, unless the appointing authority, due to extenuating circumstances, agrees to permit a shorter period of notice. A written notice shall be supplied by the employee to the appointing authority giving reasons for leaving. The resignation shall be forwarded to the personnel director with a statement by the appointing authority as to the employee's service performance and pertinent information concerning the cause for resignation.

(Rev. Ords. 1987, § 11-69; Ch. 551, § 1, 4-5-12; Ch. 877, § I, 6-6-23)

Charter reference— Prohibited activities of city employees, § 9-3.