RES 2023-0982 - Amend City HR Policy 23 - Pre-Termination Meeting (Classified Employees) City Clerk Office Use Only:
RESOLUTION NO.Z-VZ ) ail-- Publication Date (if pplicable):
Agenda Date: p�
Department: 0 V
Submitter: / f . it n ' 9
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Human Resources Director of the City of Omaha has created and prepared, in
accordance with the City of Omaha Municipal Code § 23-65, Human Resource Policies to establish and clarify
the rules and procedures for the City of Omaha and its employees; and,
WHEREAS, the revised Human Resource Policy 23 — Pre-Termination Meeting (Classified
Employees) is attached as Exhibit "A" to this Resolution; and,
WHEREAS, the City of Omaha Personnel Board, pursuant to the City of Omaha Home Rule
Charter § 6.04 and Omaha Municipal Code § 23-51 reviewed and approved such Human Resource Policy on
July 27, 2023; and,
WHEREAS, the Human Resource Policy attached as Exhibit "A" and incorporated herein by
reference is being submitted to the City Council for its approval as is provided by Omaha Municipal Code § 23-
65.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the attached Human Resources Policy 23 — Pre-Termination Meeting (Classified
Employees) promulgated by the Human Resources Director and approved by the City of Omaha Personnel
Board be and hereby is approved.
APPROVED AS TO FORM:
r/70/2-3
DEPUTY CITY ATTORNEY DATE
2023\20691 sel
Adopted: OCT o 3 2023-1-0
Attest:
City Cle
Approved: A- --
Mayor
HUMAN RESOURCES POLICY
Policy #23 (Amended)
PRE-TERMINATION MEETING
(CLASSIFIED EMPLOYEES)
Approved by Personnel Board: July 27, 2023
Approved by City Council: **********
Mayor of Omaha: Jean Stothert
City Council President: Pete Festersen
Human Resources Director: Deb Sander
of the City of Omaha. Please check the City's e mail system in the Public Folders under Personnel
Department for the latest amendments to this policy.
Pursuant to the Omaha Municipal Code Section 23-65, this document is a Human Resource policy
of the City of Omaha. Please check the City's website and Human Resources Policies,
hitps://hr.citvofomaha.org/public-documents/hrpolicies for the latest version of this policy.
Where no policy or guideline exists or if there are questions on this policy, please contact the
Human Resources Director.
Purpose:
This policy applies to pre-termination meetings of classified City employees to provide those
employees all due process rights afforded to them under the law. The United States Supreme Court
has established in Cleveland Board of Education v. Loudermill, et al that prior to terminating a
classified employee, that employee must be afforded a pre-termination meeting.
HR Policy
Pre-Termination Meeting(Classified Employees)
. a .•. 12
Policy:
In compliance with the standards enunciated by the Supreme Court, the City of Omaha will
continue to follow the guidelines established herein:
1. Prior to a recommended termination for a classified employee becoming effective, the
employee shall have the opportunity for a pre-termination meeting with the Human
Resources Director.
2. A pre-termination meeting will be conducted by the Human Resources Director Personnel
Director or his/her designee.
3. Prior to the meeting before the Human Resources Director, Personnel Director, the
classified employee shall be given written notice, outlining the facts upon which the
proposed termination is based.
4. The classified Gity employee shall be afforded the opportunity to have an explanation of
the facts upon which the proposed termination is based; the opportunity to present
additional facts that the employee feels are pertinent to the question of termination; and an
opportunity to present his or her side of the case.
5. After the pre-termination meeting, the Human Resources Director Personnel Director shall
issue a written response to the department,affirming or denying the recommendation based
upon reasonable grounds.
6. If recommendation is affirmed, the department will follow established termination
procedures, which will include: a preparation of a dismissal or termination letter, in
accordance with applicable collective bargaining agreements and/or Chapter 23 of the
Omaha Municipal Code and delivery of said letter to the employee; bargaining unit
contracts and/or Chapter 23; preparation of a P 19, with a copy of the termination letter
attached.
7. In the case where the recommendation is denied, the department should consider other
disciplinary action, if appropriate. The final determination regarding disciplinary action or
termination is up to the Department Director.
The foregoing may be subject to additional, separate guidelines not inconsistent with the contents
of this policy.