§ 2-100. Standards of conduct.

(a)

Accidents. Employees are to report the occurrence of any accident while at work, however minor, to the appropriate department head. If the accident happens after 5:00 p.m. or on weekends or holidays, the report must be made on the next working day.

(b)

Alcohol. No employee or volunteer shall possess, distribute, dispense, sell, use or ingest any alcoholic beverage during work hours or on municipal premises or in the immediate premises wherever municipal work is being conducted. The word "possess" includes having an alcoholic beverage in the employee's immediate work area. No employee shall report to work under the influence of alcohol.

(c)

Appearance. Employees are to dress appropriately and be neat, clean and well-groomed at all times while working. The work being performed by the employee will be considered.

(d)

Attendance. Attendance is expected of all employees. However, when it is necessary to be absent from work, an employee must inform his department head as soon as possible of the absence, the reason for the absence, where he can be reached during his absence, and when he will return to work. Employees are to report to work on time. Any employee absent from work for three consecutive days without notifying his department head will be considered to have abandoned and voluntarily resigned his position.

(e)

Drugs. Except for law enforcement purposes, no employee or volunteer shall possess, use or ingest any controlled substance or controlled dangerous substance. No employee or volunteer, whether on-duty or off-duty, shall violate the Uniform Controlled Dangerous Substances Law (R.S. 40:961 et seq.). No employee shall report to work and no volunteer shall report to serve under the influence of any controlled substance or any controlled dangerous substance. An employee shall notify his department head, who shall then notify the mayor, of any criminal drug statute conviction for a violation occurring in the municipal workplace no later than five days after such conviction. If the city is subject to the federal Drug-Free Workplace Act of 1988, the mayor shall notify the appropriate federal agency of the conviction no later than ten days after receiving notice as described in this subsection from the employee or otherwise receiving actual notice of the conviction. Within 30 days after receiving notice of a conviction described in this subsection and subject to R.S. 33:404(A)(3), the mayor shall take one of the following actions of the employee so convicted:

(1)

Take appropriate personnel action against the employee, up to and including termination.

(2)

Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.

As used in this section, the term "controlled substance" is any controlled substance in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812). As used in this section, the term "controlled dangerous substance" is any controlled dangerous substance in Schedules I through V of the Uniform Controlled Dangerous Substances Law (R.S. 40:964).

(f)

Misrepresentation. No employee shall purport to represent the city while engaged in private business.

(g)

Municipal property. An employee shall exercise due care in his use of municipal property and utilize such property only for authorized purposes. Inventory accountability is conducted each January and at other times at the discretion of the mayor. At each annual inventory accountability, employees shall submit a copy of their updated inventory listing. If any discrepancies occur and the furniture or equipment is not located, the last employee verifying the item shall be responsible for the missing item. Unauthorized removal of municipal property from the premises or its conversion to personal use is prohibited. Municipal property is subject to inspection at any time and without prior warning. The term "municipal property" includes, but is not limited to, vehicles, desks, files, containers and footlockers. There shall be no expectation of privacy by any employee or volunteer concerning any municipal property. However, any inspection of any employee's or volunteer's locker shall be in the presence of the employee or volunteer. Municipal property issued to an employee must be returned to the city at the time he terminates employment or when it is requested by his department head. The value of any property issued to an employee and not returned may be deducted from an employee's paycheck.

(h)

Outside employment. The work of the city shall have precedence over the other occupational interests of employees. All outside employment for salary, wages or commission and all self-employment must be reported to the mayor. Conflicting outside employment is prohibited.

(i)

Political activity. Partisan political activity by an employee while at work, including publicly or privately advocating or lobbying passage or defeat of any matter before the city, is prohibited as set out in the city municipal employee civil service rules and regulations. No employee shall participate in any activity which would substantially compromise the ability of the employee to discharge with neutrality, efficiency and integrity his duties and obligations to the city. Such prohibited activities shall include, but not be limited to, the following:

(1)

Service as an officer of a political party; a member of national, state or local committee of a political party; an officer or member of a committee of a partisan political club; or being a candidate for any of these positions.

(2)

Organizing or reorganizing a political party organization or political club.

(3)

Becoming a candidate for elective public office.

(j)

Prescription medicine. Except for law enforcement purposes, no prescription medicine shall be brought upon municipal premises by any person other than the person for whom the medicine is prescribed by a physician, and such medicine shall be used only in the manner, combination and quantity prescribed. Any employee or volunteer required to take a prescription medicine shall notify his department head of the type of medication prescribed and the purpose for the prescription and may be required to provide written verification from the prescribing physician. No employee or volunteer shall operate a municipal motor vehicle or equipment or carry a firearm while taking prescription medicine, unless the prescribing physician advised the employee's or volunteer's department head in writing that the medication will not impair his abilities. Any employee or volunteer required to take prescription medicine that may impair his ability to operate a motor vehicle or equipment, carry a firearm or to make split-second decisions shall report this to his department head who may alter the employee's or volunteer's assignment without retribution to the employee or volunteer.

(k)

Purchasing. An employee may initiate a request for goods or services through his department head using the form provided by the city.

(l)

Sexual harassment. The city's sexual harassment policy is as follows:

(1)

Sexual harassment of or by an employee is prohibited.

(2)

Per federal Equal Employment Opportunity Commission guidelines, sexual harassment means any unwelcome sexual advances, requests for sexual favors and other verbal or physical contact of a sexual nature when:

a.

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

b.

Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or

c.

Such conduct has the purpose or effect of unreasonable interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

(3)

Complaints of sexual harassment may be directed to the appropriate department head, or in writing, to the mayor. A complainant is strongly encouraged to consult initially with his department head to attempt informal resolution, but failure to do so will in no way limit the right to utilize fully this grievance procedure if resolution cannot be accomplished through the department head. Complaints must be made within one year after occurrence of the alleged prohibited conduct. All complaints of sexual harassment, and information and proceedings relating thereto shall be kept in strict confidence except as otherwise specified in this subsection (l).

(4)

The department head shall, in a timely manner, conduct an investigation of the complaint, interviewing appropriate persons, examining relevant records, and consulting with and utilizing any appropriate employee. If the department head deems it appropriate, the complainant and the person against whom the complaint is made may be brought together to attempt an informal resolution. Both the complainant and the person against whom the complaint is made may have counsel present at any interview or other proceeding.

(5)

Upon conclusion of the investigation, and within 180 days after the complaint was brought, the department head shall make a written recommendation to the mayor which shall be one of the following:

a.

A recommendation of a finding that no prohibited conduct has occurred;

b.

A recommendation that material facts in dispute be resolved by conducting a formal hearing; or

c.

A recommendation of a finding that no facts are in dispute and that prohibited conduct has occurred.

Copies of the department head's written recommendation shall be provided to the complainant and the party against whom the complaint was made.

(6)

The mayor may, but need not, adopt the department head's recommendation. The mayor may adopt the department head's recommendation of a finding that prohibited conduct has occurred, and proceed under subsection (l)(9) of this section. The mayor may adopt the department head's recommendation of finding of no cause, and issue a written determination dismissing the complaint.

(7)

Upon adoption of the department head's recommendation to conduct a formal hearing, or upon written request of a party accompanied by a showing of material facts in dispute, the mayor shall conduct or cause to be conducted a formal hearing. The hearing shall provide a fair opportunity for parties and witnesses to be heard, shall be conducted so as to do substantial justice between the parties, and shall not be bound by statutory provisions or rules of practice, procedure, pleading or evidence. At the conclusion of the hearing, the mayor shall issue a written statement of findings of facts and conclusions of law, including a determination as to whether or not prohibited conduct has occurred.

(8)

The record maintained with respect to each complaint of sexual harassment shall contain the written complaint, if any; any written statement produced during the investigation; the recommendation of the department head; if a formal hearing is conducted, a record thereof in a form determined by the mayor, the mayor's statement of findings of fact and conclusions of law; and the mayor's written determination. Such record shall be available to either party or the designee thereof.

(9)

If the mayor determines that prohibited conduct has occurred, the mayor shall order one or more of the following remedies:

a.

An apology by the offender.

b.

Direct the offender to stop the offensive behavior.

c.

Require the offender to undergo counseling or training.

d.

Oral censure of the offender.

e.

Written censure of the offender, to be included in the offender's personnel file.

f.

Transfer, suspension (with or without pay) or discharge of the offender, or any other action which may be appropriate under the circumstances.

(10)

If any party is not satisfied with the outcome of the grievance procedure, appeal may be taken directly to the mayor.

(11)

State and federal law provide administrative and judicial remedies which may be pursued by filing a complaint with the state commission on human rights and the federal Equal Employment Opportunity Commission. A civil action may be filed in district court. However, it is recommended, but not legally required, that the complainant first use the grievance procedure established in this subsection (l).

(12)

No employee shall be subject to retaliation in any form as a result of bringing a complaint or testifying or assisting in a grievance brought pursuant to this procedure. A complaint of such retaliation shall be directed to the appropriate department head or in writing to the mayor.

(13)

No employee or volunteer shall make an intentionally false complaint.

(m)

Solicitation. Solicitation by and of employees on municipal premises is prohibited. However, solicitation for gifts for municipal employees (resignations, retirements, weddings, births, etc.) are permitted.

(n)

Penalty for violation of section. Except as otherwise specifically provided, a violation of this section shall be grounds for disciplinary action, including dismissal.

(Code 1958, § 2-35)