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ARTICLE 12 <br /> RECLASSIFICATION <br /> 12.1 Definition <br /> "Reclassification" is defined as assignment to a more appropriate class, whether newly or previously titled, <br /> due to gradual accretion of, or substantial change in an employee's duties, responsibilities, authority or <br /> character of work. <br /> 12.2 The City reserves the right to determine and change job classifications and descriptions. <br /> 12.3 The parties agree that the City retains its right to create new positions, and that this article shall not apply to <br /> newly created positions. <br /> ARTICLE 13 <br /> DISCIPLINE <br /> 13.1 The City may discharge, suspend, demote, and/or reduce the pay of any employee who has completed the <br /> probationary period for cause, including but not limited to the following, any violation of the City's Personnel <br /> Rules and Regulations or Administrative Policies,or any other cause deemed proper by the City Manager: <br /> 13.1.1 Dishonesty; <br /> 13.1.2 Insubordination; <br /> 13.1.3 Intoxication or being under the influence of a controlled substance while on duty; <br /> 13.1.4 Incompetence or inefficiency; <br /> 13.1.5 Willful negligence or willful damage to public property or waste of public supplies or equipment; <br /> 13.1.6 Failure to perform work as required or failure to comply with or violation of the City's reasonable <br /> rules regarding safety, conduct and operations; <br /> 13.1.7 Unauthorized absence; <br /> 13.1.8 The commitment or conviction of any criminal act; <br /> 13.1.9 Conduct unbecoming a management employee in the public service; <br /> 13.1.10 Disorderly or immoral conduct; <br /> 13.1.11 Incapacity due to mental or physical disability; <br /> 13.1.12 Neglect of duty. <br /> 13.2 Any discharged, suspended or demoted employee, or an employee who has had his or her pay reduced, <br /> shall be furnished, in advance of the disciplinary action, a written Notice of Intent to Discipline listing the <br /> reasons for the disciplinary action. The employee subject to discipline shall be provided the opportunity for <br /> pre-disciplinary due process. A copy of this letter shall be furnished to the Association at the employee's <br /> request. <br /> 13.3 In the event an employee feels that the discharge, suspension, demotion or pay reduction is unjust, the <br /> Association shall have the right to appeal the case through the procedure set forth in Article 21, Grievances. <br /> Such grievances may only be appealed to the Appeals Board level of the grievance procedure as set forth in <br /> Article 21.2.4 and may not be appealed to binding arbitration. <br /> 8 <br />