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6.3.E. - Page 31 <br />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 />f shall be furnished, at least twenty (20) business days in advance of the disciplinary action, a written Notice <br />of Intent to Discipline listing the reasons for the disciplinary action. The employee subject to discipline shall <br />be provided the opportunity for pre -disciplinary due process. A copy of this letter shall be furnished to the <br />Association at the employee's 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 />