(a) In the event that a regular employee fails to comply with any of these personnel policies that employee will be subject to disciplinary action up to and including termination.

(b) A regular employee may be placed on disciplinary probation, suspended without pay, demoted, or removed by such employee’s supervisor, if the seriousness of a specific incident, or pattern of the regular employee’s past conduct or disciplinary history justifies the imposition of more severe disciplinary action in the first instance. Reasons for removal may include, but are not limited to: dishonesty (including falsification of the employment application), continuing unsatisfactory performance or neglect of assigned duties, negligence, incompetency or inefficiency, intoxication, insubordination (including disobedience of the employer’s rules, instructions or orders), insolence or disrespect, fighting, excessive absenteeism, theft, property destruction, unsafe conduct, conviction of a felony, or failure to comply with personnel policies.

(c) Before a regular employee is to be demoted, terminated, or suspended without pay for disciplinary reasons, such employee shall be given a written notice of the contemplated personnel action. The written notice shall state the personnel action contemplated, describe the reason(s) for such action, and advise the employee that he or she may appeal such contemplated personnel action by filing a grievance as provided in KGBC 3.15.210. Discipline such as a written or verbal reprimand; suspension with pay; imposition of a disciplinary probation; or other disciplinary action which does not result in reduced compensation, loss of position, loss of pay, or termination may not be grieved. A grievance reviewing a demotion, suspension without pay or termination which relies upon a prior nongrievable disciplinary action may address the validity of the prior nongrievable discipline.

(d) In situations where the regular employee’s continued presence on the job prior to the effective date of the contemplated personnel action poses a significant and immediate threat to public health or safety, a coworker, or borough property, such employee may be suspended with pay prior to the effective date of the contemplated personnel action.

(e) A regular employee during a period of suspension without pay may not use any earned but unused paid time off or floating holiday. A regular employee’s group medical and life insurance coverage as provided under the terms of such insurance policies shall remain in force during any period of suspension. [Ord. No. 1807, §6, 7-18-16; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.30.040.]