Employee Handbook

Section 3 — EMPLOYEE RELATIONS

Overview

The City of West Des Moines strives to provide a good working environment for all employees. The desire is expressed in many forms, such as safe working conditions, a friendly work environment, maintenance of facilities and equipment, equitable wage structures, and competitive benefit programs.

Each of us has the responsibility to our fellow employees and the public to conduct ourselves according to certain rules of good behavior, conduct, and performance. In any business some rules are needed to help everyone work together by letting them know what is expected. Expectations for behavior, conduct, and performance are expressed through various means, including but not limited to, written policies and procedures, work rules, Position Descriptions, the Employee Handbook, Safety Manuals, performance reviews, and federal and state laws.

A progressive discipline policy has been established as a guideline for management employees to address performance and behavioral concerns in an effective, fair, and consistent manner. Progressive discipline is a corrective process to help employees overcome negative work-related issues, to ensure that employees are fully aware of any performance deficiencies that exist, and to provide employees with a reasonable opportunity to improve and meet the expectations outlined.  

The progression of levels will be followed in most circumstances; however, management reserves the right to exercise judgment in determining the appropriate level of discipline, taking each incident on a case-by-case basis. The seriousness of the incident, the specific circumstances involved, the performance history of the employee, the years of service to the City, and the frequency of incidents are some of the factors that may be taken into consideration in determining the level of discipline.

A copy of the disciplinary documentation will be given to employees.

Introductory (Probationary) Employees, Seasonal/Temporary or Intermittent Employees

This process does not apply to employees who have not completed their Introductory Period or to seasonal/temporary or intermittent employees. The City retains the right to dismiss an introductory, seasonal/temporary, or intermittent employee without any requirement to pursue progressive disciplinary procedures when it is determined that the employee’s conduct or job performance warrants immediate dismissal.  In addition, not every step will be taken in each case.

See also Section 1.3, Employment-at-Will.

Levels of Discipline

Management however reserves the right to exercise judgment in determining the appropriate level of discipline, taking each incident on a case-by-case basis. When and if discipline becomes necessary, any of the following actions may be taken depending upon the circumstances involved:

• Verbal Counseling is used when the incident is minor in nature and causes minimal disruption to the operation of the City/Department. Verbal counseling is typically documented to ensure that information and expectations are communicated clearly. Verbal counseling typically does not become a part of an employee’s personnel file.  

• Written Warnings are used when an incident is more serious in nature and if left unaddressed, may cause disruption to the operation or reputation of the City, or when other forms of disciplinary action prove ineffective. Written warning documentation becomes a part of an employee’s personnel file. Written warnings may include days off of work (unpaid suspensions).  

• Final Warnings are used when an incident is serious misconduct, (or conduct which could result in injury or loss of life, limb, or property,) or is serious in nature and may cause a serious disruption to the operation or reputation of the City; or shows disregard of the City’s policies on sexual harassment or the City’s Equal Opportunity and Affirmative Action rules and guidelines; or when other forms of discipline prove ineffective. Final warnings may include days off of work (unpaid suspension) or a one-day decision-making leave, where the employee is given the responsibility to make a commitment to improve performance as outlined in the disciplinary documentation or to voluntarily resign employment with the City if the employee feels that performance or behavioral expectations cannot be met.

• Termination of employment is used when an incident is willful, deliberate, negligent, or is a very serious or possibly criminal incident that causes significant disruption to the operation and reputation of the City, or when other forms of disciplinary action prove ineffective.  

Reasons for Discipline

Although it is impossible to list every type of incident, which may result in disciplinary action, reasons for discipline include, but are not limited to, the following:

• Inability, incompetence, or negligence to perform assigned duties in a satisfactory manner.

• Incompetence.

• Negligence in the performance of assigned duties.

• Failure to obtain or maintain a required license or registration required as a condition of performing the job. This includes the failure to report a change of status in a driver’s license to an immediate supervisor and department director, such as a suspended, expired, or revoked driver’s license when such license is required for the employee’s job.

• Misconduct.

• Acts of dishonesty, such as theft, misappropriation or unauthorized use of City funds or property or failure to report acts of dishonesty.

• Moral turpitude, which is an incident that results in disgrace or dishonor including, but not limited to, sexual harassment or assault on members of the public.

• Violation of the Workplace Violence and Weapons Policy. See also Section 3.9, Workplace Violence/Weapons.

• Violation of the Harassment Policy. See also Section 3.8, Anti-Harassment.

• Ethics violation, such as engaging in incompatible employment or in employment that represents a conflict of interest, accepting gifts, monies, or other things of value intended as an inducement to perform or refrain from performing an official act, falsifying or destroying information or records.

• Insubordination, including willful disobedience, or refusal to or failure to follow directives or perform work properly assigned by a supervisor.

• Absenteeism, continued tardiness, absence without approved leave, improper use of sick leave, or failure to report for duty at the assigned time and place.

• Inability to work with others when required.

• Refusal to cooperate or interference with an internal investigation.

• Failure to follow safe work practices.

• Improper use, destruction, or theft of City tools, equipment, supplies or property, which includes vehicles.

• Possessing, selling, or attempting to sell, or being under the influence of Controlled Substance, imitation Controlled Substance or counterfeit Controlled Substance.

• Being under the influence of Alcohol during working hours.

• Failure to follow rules, regulations, procedures, or policies.

• Unauthorized Personal Use of City equipment or supplies.

• Criminal conduct, or an employee’s failure to report his or her criminal conduct that would adversely affect an employee’s work performance, impact the work environment, or cause major discredit or embarrassment to the City.

Retention of Records

Documentation of verbal counseling will be removed from an employee’s file, which is kept in the supervisor’s files, after 12 months if there are not subsequent or related violations. Subsequent or related violations, which result in verbal counseling may be documented by the supervisor through the employee’s annual performance review.

Written disciplinary documentation will remain active in an employee’s personnel file and will be counted in the progressive disciplinary procedure for 24 months. If at the end of a 24-month period, there have been no further instances of the same or related violations, the action will become inactive. Subsequent or related violations of written disciplinary documentation will remain in effect until 24 months after the most recent incident.

Final written disciplinary documentation will remain active in an employee’s personnel file and will be counted in the progressive disciplinary procedure for five years.

Inactive records will not be considered when processing subsequent disciplinary actions. However, all records and disciplinary action involving incidents of moral turpitude (such as disgrace, dishonor, or humiliation) or circumstances where the misconduct is so serious that it cannot be disregarded for future disciplinary purposes, will remain in effect during the entire period of an employee’s employment with the City.

Open Records

Please be advised that documents placed in your personnel file that provide the reasons and rationale for certain disciplinary actions are considered public records and must be provided in response to an open records request. This includes documents relating to resignation in lieu of termination, discharge from employment, and a Demotion as the result of disciplinary action.

Appealing a Decision

Employees may have several options to appeal a disciplinary decision, including any of the following:

• All civil service employees who are no longer on probation have the right to appeal unpaid suspensions, Demotion, or terminations to the Civil Service Commission. See also Section 2.2, Civil Service Positions.

• All employees have the right to file under the Dispute Resolution Process. See also Section 3.6, Dispute Resolution.

• Employees with bargaining agreements may be able to file a grievance if this is contained in the agreement.

See also Section 1.3, Employment-at-Will.