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7 <br />ARTICLE 10 <br /> <br />RECLASSIFICATION <br /> <br />10.1 Definition <br /> <br />"Reclassification" is defined as assignment to a more appropriate class, whether newly or <br />previously titled, due to gradual accretion of, or substantial change in an employee's duties, <br />responsibilities, authority or character of work. <br /> <br />10.2 The City reserves the right to determine and change job classifications and descriptions. <br /> <br />10.3 The parties agree that the City retains its right to create new positions, and that this article <br />shall not apply to newly created positions. <br /> <br /> <br />ARTICLE 11 <br /> <br />DISCIPLINE <br /> <br />11.1 The City may discharge, suspend, demote, and/or reduce the pay of any employee who has <br />completed the probationary period for cause, including but not limited to the following <br />causes, any violation of the City’s Personnel Rules and Regulations or Administrative <br />Policies, or any other cause deemed proper by the City Manager: <br /> <br />11.1.1 Dishonesty; <br />11.1.2 Insubordination; <br />11.1.3 Intoxication or being under the influence of a controlled substance while on duty; <br />11.1.4 Incompetence or inefficiency; <br />11.1.5 Willful negligence or willful damage to public property or waste of public supplies <br />or equipment; <br />11.1.6 Failure to perform work as required or failure to comply with or violation of the <br />City's reasonable rules regarding safety, conduct and operations; <br />11.1.7 Unauthorized absence; <br />11.1.8 The commitment or conviction of any criminal act; <br />11.1.9 Conduct unbecoming a management employee in the public service; <br />11.1.10 Disorderly or immoral conduct; <br />11.1.11 Incapacity due to mental or physical disability; <br />11.1.12 Neglect of duty. <br /> <br />11.2 Any discharged, suspended or demoted employee, or an employee who has had his pay <br />reduced, shall be furnished, in advance of the disciplinary action, a written Notice of Intent to <br />Discipline listing the reasons for the disciplinary action. The employee subject to discipline <br />shall be provided the opportunity for pre-disciplinary due process. A copy of this letter shall <br />be furnished to the Association at the employee's request. <br /> <br />11.3 In the event an employee feels that the discharge, suspension, demotion or pay reduction is <br />unjust, the Association shall have the right to appeal the case through the procedure set <br />forth in Article 19 (Grievances). Such grievances may only be appealed to the Appeals <br />Board level of the grievance procedure as set forth in Section 19.2.4 and may not be <br />appealed to binding arbitration. <br />6.3.B. - Page 88