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When an employee is under investigation for a crime or official misconduct, or is <br />awaiting a hearing or trial in a criminal matter, the employee may be suspended without <br />pay for the duration of the proceedings when such suspension would be in the best <br />interest of the City. If the investigation or proceedings clear the employee, he/she shall <br />be reinstated at the same position. <br />5. Involuntary Demotion - An employee may, with Department Director approval, be <br />demoted to a position in a lower salary range. Involuntary demotions shall be made in <br />written form and shall include the reason(s) for the disciplinary action, the likely <br />consequence of further unsatisfactory performance and/or conduct, and the review <br />process. This document shall be signed by the employee and the supervisor and placed <br />in the employee's personnel file. A demoted employee shall not be disqualified from <br />consideration for later advancement. <br />6. Termination - An employee may be terminated from employment with the City as a final <br />step in the progressive discipline process. Excepting those types of policy or regulation <br />violations that warrant immediate termination, this disciplinary step will be employed as a <br />final step that must be approved by the Department Director, reviewed by the Human <br />Resources Manager, and approved by the City Manager. A letter of termination shall be <br />provided to the employee describing the performance deficiency and/or policy or <br />regulation violations. <br />5.04 Review of Disciplinary Actions <br />Following normal chain of command reviews, disciplinary actions are subject to review by the <br />City Manager if the employee so requests in writing within 5 working days following notice of <br />action. This written request must include the disciplinary action taken, the circumstances <br />surrounding the action, and the reason(s) the action is invalid. The City Manager shall have the <br />authority to approve, disapprove, modify, or rescind any disciplinary action taken. The City <br />Manager shall be final and binding arbiter in these matters. <br />36 <br />