(a) Disciplinary action for employees in the classified service ranges from oral or written reprimands to suspension, demotion, and finally dismissal from the City service, and depends on the severity of the offense as well as the number and the frequency of previous acts of misconduct.

(b) It shall be the duty of all City employees to comply with and to assist in carrying into effect the provisions of the City’s personnel rules and regulations. No employee in the classified service shall be disciplined except for violation of established rules and regulations, and such discipline shall be in accordance with procedures established by the personnel rules and regulations.

(c) Every department head shall discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Where appropriate, disciplinary action shall be of increasing severity.

(d) A written notice shall be given to each employee in the classified service for each written disciplinary action stating the reasons for the disciplinary action and the date it shall take effect. The notice shall be given to the employee at the time such action is taken. A copy of the notice signed by the employee shall be placed in the employee’s personnel file and shall serve as prima facie evidence of delivery.

(e) All regular employees in the classified service shall have the right to appeal disciplinary action taken against them within five (5) working days after receipt of notice by employee of the disciplinary action. Appeals shall be made as grievances in accordance with the provisions of KMC 23.35.040 except that appeals from suspension, demotion, or dismissal shall be made directly to a Personnel Board selected from the Arbitration Panel provided in KMC 23.35.032 by filing such appeal in writing with the City Clerk, setting forth the background, the disciplinary action, and the reasons why the disciplinary action is felt to be unjust.