Page | 42 Nothing in this policy is intended to change the fact that employment is entered into at-will, and as such, employees are free to resign at any time, for any reason, and with or without notice. Similarly, the City is free to terminate employment at any time, with or without notice, for any reason not prohibited by law. ADMINISTRATIVE / INVESTIGATORY LEAVE 406 When circumstances warrant, the City may place any employee on an Administrative Leave of Absence. Administrative leave is the temporary removal of an employee from the work environment to permit the City to review or investigate actions including, but not limited to dishonesty, theft or misappropriation of City funds and/or property, violence on the job, gross safety negligence or acts endangering others, insubordination or any other conduct which warrants removing the employee from the work site. Such investigations will be completed as soon as reasonably possible. At the conclusion of the investigation, the employee will be informed of the findings. APPEAL OF DISCIPLINARY ACTION 407 Regular employees who are not covered under a collective bargaining agreement may appeal any formal disciplinary action which he or she receives. Any such appeal shall be submitted in writing to the Human Resources Director by the employee within three (3) business days following notification of the action. The Human Resources Director will review the disciplinary action and issue a determination to the employee and his/her respective department head. The employee or the supervisor may appeal the Human Resource Director’s determination to the City Manager within three (3) working days after receiving the Human Resources Director’s determination. The City Manager may choose to review the appeal personally and issue a final determination. At his/her discretion, the City Manager may choose to appoint a panel of three City employees to review the disciplinary action and issue an advisory opinion. Following the receipt of the advisory opinion of the panel, the City Manager shall issue a final determination. WORKPLACE VIOLENCE PREVENTION 408 The City strives to maintain a productive work environment free of violence and the threat of violence. The City will not tolerate any type of workplace violence committed by or against employees. Any threats or acts of violence against an employee, vendor, customer, visitor or property will not be tolerated. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination. Where appropriate, the City of Hutchinson will report violent incidents to local law enforcement authorities. A violent act/threat of violence is defined as any direct or indirect action or behavior that could be interpreted, in light of known facts, circumstances and information, by a reasonable person, as indicating the potential to harm, endanger or inflict pain or injury on any person or property. This list of behaviors, while not inclusive, provides examples of prohibited conduct: • Physical assault, threat to assault or stalking an employee or customer; • Possessing or threatening with a weapon; • Intentionally damaging property of the City or personal property of another; • Aggressive or hostile behavior that creates a reasonable fear of injury to another person; or • Harassing or intimidating statements, phone calls, voice mails, or e-mail messages, or those which are unwanted or deemed offensive by the receiver. Any questions about what constitutes violent behavior should be directed to your supervisor or Human Resources.
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