A CHARTER ORDINANCE AMENDING SECTIONS 11 AND 12 OF CHARTER ORDINANCE NO. 8 OF THE CITY OF CANEY, KAHSAS, RELATING TO APPOINTMENT OF CITY OFFICERS AND THEIR TERMS OF OFFICE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:

SECTION. Sections 11 and 12 of Charter Ordinance No. 8 of the City of Caney, Kansas, relating to appointment of City Officers and the terms of office are hereby amended as hereafter amended as hereafter set forth:

Section 11: Term of Employment and Discipline – Non-Probationary Employees.

The term of employment of non-probationary employees of the City of Caney, Kansas, shall be so Long as the employee continues in the faithful performance of his or her job duties; subject, however, to each and every provision of this ordinance.

This provision shall not apply to the City Administrator, whose term of employment is a fixed term as set forth in Ordinance No. 949.

The City of Caney, Kansas, does hereby adopt the following procedure, providing for progressive stages or steps of discipline of city employees, subject to the exceptions and limitations hereafter set forth.

A.        Exception to progressive discipline policy - immediate discharge. Employees of the City of Caney, Kansas, may be subject to immediate discharge from employment for those causes which are of such severity that they tend to:

(1)        Jeopardize the safety of co-employees, citizens or other persons;

(2)        Create a substantial risk of loss of city property or funds; or

(3)        Subject the city to civil or criminal liability if such employment is continued. Such causes shall include, but not be limited to the following:

(1)        Use of illegal drugs at any time by employees or intoxication of employees while engaged in performance of their employment duties;

(2)        Theft or embezzlement of city property or funds;

(3)        False statements of employees on employment applications;

(4)        Fighting other persons not job duties while on duty with co-employees or within the scope of the employee’ s job duties;

(5)        Such causes as may be specified in any duly adopted personnel manual or policy book governing the conduct of employees of the City, or any of them.

Employees who are determined to have committed an act subjecting such employee to immediate termination are not entitled to the progressive stages of discipline hereafter set forth, and shall be discharged in the following manner:

(1)        The employee’s Department Head, City Administrator, or Mayor, as appropriate, shall conduct a termination conference with the employee in the presence of the mayor or City Council President acting in a non-supervisory capacity. At such conference the cause of termination of such employee shall be specified in writing, and delivered to the employee, with a copy retained in the employee’s personnel file.

(2)        The employee’s Department Head, City Administrator, or Mayor, as appropriate, shall at the time of the termination conference, complete a warning notice form and file the same in the employee’s personnel file.

(3)        If possible, the employee’ s termination paycheck shall be delivered to the employee during the termination conference.

(4)        Termination of Department Heads or the City Administrator hereunder shall be by the Mayor, who shall not be required to obtain prior approval of such termination from any other person, subject to the right of hearing and appeal by the terminated employee under Section 12 below.

(5)        Approval shall be obtained from the Mayor by the City Administrator prior to termination of employment of a Department Head hereunder.

(Repealed by C.O. No. 18a)