Special Personnel Committee — Agenda Packet

May 22, 2026 Personnel Committee Agenda 1 City of Lake Geneva, 626 Geneva St, Lake Geneva, WI 53147-262.248.3673-www.cityoflakgeneva.gov Special Personnel Committee Agenda Friday, May 22, 2026 - 10:00 AM Lake Geneva City Hall; Council Chambers Members: Chair: JaNelle Powers Sherri Ames, Mary Jo Fesenmaier, Joel Hoiland and Cindy Yager 1. Call to Order 2. Roll Call 3. Discussion/Action involving City of Lake Geneva Government Manual Policy 101, Section 101.10 grievances referred to and under authority of the Personnel Committee, specifically grievance 26-01 (Hoiland) and Censure of Alderperson Hoiland. Consideration/Action on Resolution 26-RP1: A resolution censuring Alderperson Joel Hoiland. 4. Discussion/Action involving City of Lake Geneva Government Manual Policy 101, Section 101.10 grievances referred to and under authority of the Personnel Committee, specifically grievances: a. 26-03 (Yager) b. 26-04 (Krause) 5. Comments from the public limited to 5 minutes, limited to items on this agenda 6. Adjournment A quorum of the Council may be present; however, no official Council action will be taken. Requests from persons with disabilities who need assistance to participate in this meeting should be made to the City Clerk’s office in advance so that the appropriate accommodations can be made. Page 1 of 80 CITY OF LAKE GENEVA 626 Geneva Street, Lake Geneva, WI 53147- (262) 248-3673-www.cityoflakegeneva.gov May 22, 2026 Ms. Lacey L. Reynolds City Clerk City of Lake Geneva 626 Geneva Street Lake Geneva, WI 53147 Re: Resolution 26-RP1 and Censure of Alderperson Joel Hoiland Dear Clerk Reynolds: Enclosed for filing in the Personnel File of Alderperson Joel Hoiland is City of Lake Geneva Personnel Committee Resolution 26-RP1: A Resolution Censuring Alderperson Joel Hoiland and accompanying Exhibits pursuant to City of Lake Geneva Government Manual Policy 101, Section 101.10. Thank you, JaNelle Powers, Chairperson cc: Alderperson Joel Hoiland Page 2 of 80 RESOLUTION OF THE PERSONNEL COMMITTEE OF THE COMMON COUNCIL A Resolution Censuring Alderperson Joel Hoiland Committee: Personnel Committee File Number: 26-RP1 Date: May 22, 2026 WHEREAS, pursuant to Wis. Stat. § 62.11(1) and (5), the common council of the City of Lake Geneva has the power to act for the government and good order of the City through necessary and convenient means, including the management and control of the city property, finances, highways, navigable waters, and the public service, and the authority to determine the rules of its own proceedings; and WHEREAS, pursuant to Wis. Stat. § 62.11(3), the common council of the City of Lake Geneva has authority to judge the election and qualification of its members; and WHEREAS, the Personnel Committee is authorized under City of Lake Geneva Government Manual Policy 101 Standards of Conduct for Elected Officials Section 101.10. to review matters relating to the conduct and standards of elected officials; and WHEREAS, members of the Common Council are expected to perform their duties in a manner consistent with applicable law, adopted policies, and standards of professional and ethical conduct adopted by the Council; and WHEREAS, concerns have been raised regarding the conduct of Alderperson Hoiland as identified in the letter dated February 26, 2026 from City Administrator David DeAngelis to Alderperson Hoiland, then-Chairperson of the Personnel Committee, a copy of which is attached and marked as Exhibit A; and WHEREAS, Alderperson Hoiland serves on the Personnel Committee at all times relevant to this matter from February 26, 2026 until and through the date of adoption of this Resolution; and WHEREAS, Alderperson Hoiland and the Personnel Committee were provided notice on May 1, 2026 that the Personnel Committee at a duly-noticed meeting on May 4, 2026 of the Personnel Committee would consider Discussion/Action involving City of Lake Geneva Government Manual Policy 101, Section 101.10 grievances referred to and under authority of the Personnel Committee, specifically grievance 26-01 (Hoiland) involving conduct alleged against Alderperson Hoiland, a copy of such notice is attached as Exhibit B; and WHEREAS, On May 4, 2026 at a duly-noticed meeting of the Personnel Committee, the Personnel Committee discussed, afforded Alderperson Hoiland an opportunity to be heard during discussion of a Motion, and reviewed the information presented, composed of 52-pages of documents attached and marked as Exhibit C, thus constituting investigation by the Committee; and WHEREAS, the Committee by 3-2 roll call vote voted to issue Censure to Alderperson Hoiland; and WHEREAS, the Committee finds that the conduct described in the February 26, 2026 letter from Administrator DeAngelis to Alderperson Hoiland above is inconsistent with the expectations for members of the Common Council as set forth in Section 101.10 elected officials shall not have significant direct contact with City staff without clearing such contact with the appropriate Department head or the City Administrator in accordance with policy 103; Section 101.5(e) misappropriation or misuse of public funds, property, personnel, or services; Section 101.5(a) using one’s status as an elected official of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity, and Section 101.7 use of City resources for campaign or other political purpose; and WHEREAS, censure by a public body like this Personnel Committee is a collective judgment of stern condemnation of one of an elected official for behaviors or actions that violate policy and a formal public act of disapproval of the elected official’s conduct. NOW, THEREFORE, BE IT RESOLVED by the Personnel Committee of the City of the City of Lake Geneva, Wisconsin: Section 1. Censure Page 3 of 80 The Personnel Committee hereby formally censures Alderperson Joel Hoiland and expresses its disapproval of the conduct described in this Resolution, Grievance 26-01, and the attached Exhibits, and directs that this Resolution and Exhibits be accompanied by a cover letter from Chairperson Janelle Powers and placed in the Personnel File of Alderperson Hoiland as required under Section 101.10. Section 2. Statement of Standards The Committee reaffirms that members of the Common Council are expected to comply with applicable laws, ordinances, and adopted policies including Policy 101 and conduct themselves in a manner that promotes public confidence in City government. Section 3. Nature of Action This Resolution constitutes a formal expression of the Personnel Committee’s opinion and its authority granted to it by the Common Council under Section 101.10 and is not intended to remove Alderperson Hoiland from elected office, limit Alderperson Hoiland’s rights to vote, attend meetings, or otherwise perform the duties of his office, or impose discipline beyond that authorized by law. Section 4. Compliance This action was taken at a meeting on May 22, 2026 properly noticed in accordance with Wis. Stat. § 19.84, and held in compliance with Wis. Stat. § 19.81 et seq. This Resolution shall take effect upon adoption by the Personnel Committee. Adopted this 22nd day of May 2026 by the following vote: ______ Ayes; _____ Noes; _____ Abstain. _____________________________________________________________ JaNelle Powers, Chairperson Date Attest: ____________________________________________________________ Lacey L. Reynolds, City Clerk Date Page 4 of 80 CITY OF LAKE GENEVA 626 Geneva Street, Lake Geneva, WI 53147- (262) 248-3673-www.cityoflakegeneva.gov Fe bruary 26th, 2026 R E: Potential Ethics and Policy Violations A lder Hoiland, I t has come to my attention that yesterday afternoon you went to the public works garage with the intention of filming a spot for your mayoral campaign with a videographer. It is also my understanding that you utilized public works PPE and the shops whiteboard for the purpose of props for the filming of your video. In addition, you requested a city employee to assist you and be part of your filming. It is my understanding that you did make clear to them you were filming for a political purpose and at the end of the video recording you requested the employee to sign a release for this video and he complied. A fter being alerted to this situation I have been in consultation with the City Attorney to determine the proper way to proceed with these actions and issues. I n light of your actions and after review of our policies and rules I present the following summary: 1. Y ou did not seek permission from either the department head or the city administrator prior to your arrival to film in a city facility and use city assets. I believe this is a violation of 101.5(e) Misappropriation or misuse of public funds, property, personnel, or services and 101.5(a) Using one’s status as an elected official of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity. 2. Y ou engaged a city employee during working hours without prior approval or notice from either the department head or the city administrator for the purpose of using them for your video. I believe this is a violation of 101.10 Elected Officials shall NOT have significant, direct contact with City staff without clearing such contact with the appropriate Department Head, or the City Administrator. Such behavior is a violation of Section 103 (Organizational Chain of Command) of the City of Lake Geneva Employee Handbook 3. Y ou had a city employee participate in a political activity while on duty which is a specific violation of our employee handbook section 901.4.1, and city policy 102.4.8 and have subjected that employee to a review for disciplinary action. Exhibit A Page 5 of 80 4. You utilized city property that is not available for public use and used it for the purpose of political activity. I believe this is a violation of 101.7 Use city resources for campaign or other political purposes. I have cited the full policies below for your reference. Based on my understanding of the above facts, I believe I have no choice but to forward this to the Personnel Committee for review per the City’s Policy Manual 101.10. Therefore I am hereby submitting this to you as chair of the Personnel Committee to have this placed on the next agenda. Sincerely, David De Angelis City Administrator Cc: City Attorney 101.3 UNLAWFUL DIRECTIVES Elected officials should not knowingly direct action or inaction that, if carried out, would result in a violation of any law or city policy. 101.5 ETHICS Elected officials should avoid engaging in the following conduct: Using one’s status as an elected official of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity. The wrong or unlawful exercise of authority for malicious purpose, personal gain, willful deceit, or any other improper purpose. Acceptance of fees, gifts, money, tangible or intangible personal property, or any service, gratuity, favor, entertainment, hospitality, loan, promise, or any other thing of value from any person, business, or organization that is doing business with, or seeking to do business with, the City, or contrary to the rules of this city and/or laws of the state. Page 6 of 80 Offer or acceptance of a bribe or gratuity. Misappropriation or misuse of public funds, property, personnel, or services. Any other failure to abide by the standards of ethical conduct. 101.7 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE Elected officials should not: Release of confidential or protected information, materials, data, forms, or reports obtained as a result of the elected official's position with this city. Use any information, photograph, video, or other recording obtained or accessed as a result of the elected official's position with this city for personal or financial gain. Using city resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records. Loan, sell, or allow unauthorized use, give away, or appropriate any city badge, uniform, identification card, or property for personal use, personal gain, or any other improper or unauthorized use or purpose. Use city resources for campaign or other political purposes. 101.10 101.10 CONDUCT AND BEHAVIOR o It is absolutely inappropriate for Elected Officials to call, mail or otherwise contact City Staff via use of employee's private phone, personal email address or home mailing address. o Emergency contact with City staff will only be undertaken via the Lake Geneva Police Dispatch who will, in turn contact the employee. o It is inappropriate for elected officials to leave "anonymous" messages (written or verbal) for any City employee. o It is inappropriate for elected officials to have possession of original documents which are the property of the City. o Elected Officials shall NOT have significant, direct contact with City staff without clearing such contact with the appropriate Department Head, or the City Administrator. Such behavior is a violation of Section 103 (Organizational Chain of Command) of the City of Lake Geneva Employee Handbook. Page 7 of 80 o Elected officials have no authority to direct City staff to undertake anything without the expressed motion and approval of the Common Council or its related committees. o Any such violations (or similar inappropriate behavior) will be reported to the City Administrator, who will forward any grievance received to the City's Personnel Committee for review/possible action. o The Personnel Committee or designees will investigate grievances and, if deemed appropriate; issue a written public or private censure which will be placed in a personnel file created for the person who has violated the "norms and protocols" for elected officials. o Depending on the circumstances, such violations may be cause for removing an elected official from office and prohibited from seeking elected office within the City of Lake Geneva government in the future. o Any attempt at contacting a staff member who has filed a grievance (to discuss the matter) will be considered retaliation under Federal law concerning the protection of organizational whistleblower and will be reported to the US Department of Labor. o A Council member shall maintain decorum and set an example for appropriate conduct when the Council member represents the City, including at City meetings. Council members shall conduct themselves so as not to bring embarrassment upon the City; refraining from rude, critical or otherwise disrespectful verbal or written comments, facial expressions or gestures directed at fellow Alderpersons, City Staff, City Commission and Committee members or members of the public. Page 8 of 80 Exhibit B Page 9 of 80 May 4, 2026 Personnel Committee Agenda 1 City of Lake Geneva, 626 Geneva St, Lake Geneva, WI 53147-262.248.3673-www.cityoflakgeneva.gov Personnel Committee Agenda Monday, May 4, 2026 - 4:30 PM Lake Geneva City Hall; Council Chambers Members: Chair: Janelle Powers Sherri Ames, Mary Jo Fesenmaier, Joel Hoiland and Cindy Yager 1. Call to Order 2. Roll Call 3. Approval of the minutes from January 5, 2026 4. Discussion/Action involving City of Lake Geneva Government Manual Policy 101, Section 101.10 grievances referred to and under authority of the Personnel Committee, specifically grievances: a. 26-01 (Hoiland) b. 26-02 (Ames) c. 26-03 (Yager) d. 26-04 (Krause) 5. Comments from the public limited to 5 minutes, limited to items on this agenda 6. Adjournment A quorum of the Council may be present; however, no official Council action will be taken. Requests from persons with disabilities who need assistance to participate in this meeting should be made to the City Clerk’s office in advance so that the appropriate accommodations can be made. Page 10 of 80 Exhibit C Page 11 of 80 Page 12 of 80 Page 13 of 80 Page 14 of 80 Page 15 of 80 Page 16 of 80 Page 17 of 80 Page 18 of 80 Page 19 of 80 Page 20 of 80 Page 21 of 80 Page 22 of 80 Page 23 of 80 Page 24 of 80 Page 25 of 80 Page 26 of 80 Page 27 of 80 Page 28 of 80 Page 29 of 80 Page 30 of 80 Page 31 of 80 Page 32 of 80 Page 33 of 80 Page 34 of 80 Page 35 of 80 Page 36 of 80 Page 37 of 80 Page 38 of 80 Page 39 of 80 Page 40 of 80 Page 41 of 80 Page 42 of 80 Page 43 of 80 Page 44 of 80 Page 45 of 80 Page 46 of 80 Page 47 of 80 Page 48 of 80 Page 49 of 80 Page 50 of 80 Page 51 of 80 Page 52 of 80 Page 53 of 80 Page 54 of 80 Page 55 of 80 Page 56 of 80 Page 57 of 80 Page 58 of 80 Page 59 of 80 Page 60 of 80 Page 61 of 80 Page 62 of 80 Standards of Conduct for Elected Officials 101.1 PURPOSE AND SCOPE This policy establishes standards of conduct expected of all elected officials. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct. 101.1.1 DEFINITIONS Definitions related to this policy include: Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that an elected official’s action, inaction, or decisions are or may be influenced by a personal or business relationship. It includes conflicts defined and prohibited by state law. 101.2 POLICY Elected officials of the City are expected to conduct themselves with the utmost professional integrity and objectivity. The service of every elected official of the City shall be based on conduct that reasonably conforms to the guidelines in this policy. All newly elected and returning City officials are provided with an orientation packet which includes information generated by the League of Wisconsin Municipalities as well as a Council Member Orientation publication created and distributed by the Lake Geneva City Clerk's Office. These materials are provided to assist elected officials in carrying out their responsibilities in a professional, efficient and legal manner. To further ensure the conduct of the elected officials are in line with City, State, and Federal law, the attached policies will serve to preserve and protect the appropriate relationship between the City's elected officials and City staff. Elected officials have an obligation to be educated and familiar in their roles/responsibilities when serving the City of Lake Geneva. This includes participation in "Local Government 101" training provided by the League of Wisconsin Municipalities, within one month of assuming office. It shall also be the responsibility of elected officials to review and comprehend the expectations of an elected official, as outlined in the City of Lake Geneva Council Orientation Binder. 101.3 UNLAWFUL DIRECTIVES Elected officials should not knowingly direct action or inaction that, if carried out, would result in a violation of any law or city policy. 101.4 GENERAL STANDARDS Elected officials should conduct themselves in accordance with the federal and state constitutions and all applicable laws, ordinances, and rules. 101.5 ETHICS Elected officials should avoid engaging in the following conduct: Page 63 of 80 Using one’s status as an elected official of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity. The wrong or unlawful exercise of authority for malicious purpose, personal gain, willful deceit, or any other improper purpose. Acceptance of fees, gifts, money, tangible or intangible personal property, or any service, gratuity, favor, entertainment, hospitality, loan, promise, or any other thing of value from any person, business, or organization that is doing business with, or seeking to do business with, the City, or contrary to the rules of this city and/or laws of the state. Offer or acceptance of a bribe or gratuity. Misappropriation or misuse of public funds, property, personnel, or services. Any other failure to abide by the standards of ethical conduct. 101.6 DISCRIMINATION, OPPRESSION, OR FAVORITISM Elected officials should not discriminate against, oppress, or provide favoritism to any person based on a classification or status protected by law. 101.7 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE Elected officials should not: Release of confidential or protected information, materials, data, forms, or reports obtained as a result of the elected official's position with this city. Use any information, photograph, video, or other recording obtained or accessed as a result of the elected official's position with this city for personal or financial gain. Using city resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records. Loan, sell, or allow unauthorized use, give away, or appropriate any city badge, uniform, identification card, or property for personal use, personal gain, or any other improper or unauthorized use or purpose. Use city resources for campaign or other political purposes. 101.8 CONFLICTS OF INTEREST Elected officials shall follow all laws regarding actual and perceived conflicts of interest and should avoid the appearance of actual or perceived conflicts of interest. Page 64 of 80 Elected officials should recuse themselves from participating and avoid in decisions regarding promotions, performance evaluations, or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. 101.9 ETHICAL COMPLIANCE DOCUMENTATION Elected officials have a legal and moral obligation to report any potential ethical violations in a timely manner along with required documentation or any other matter related to conduct are timely completed and submitted to the appropriate authorities. 101.10 CONDUCT AND BEHAVIOR It is absolutely inappropriate for Elected Officials to call, mail or otherwise contact City Staff via use of employee's private phone, personal email address or home mailing address. Emergency contact with City staff will only be undertaken via the Lake Geneva Police Dispatch who will, in turn contact the employee. It is inappropriate for elected officials to leave "anonymous" messages (written or verbal) for any City employee. It is inappropriate for elected officials to have possession of original documents which are the property of the City. Elected Officials shall NOT have significant, direct contact with City staff without clearing such contact with the appropriate Department Head, or the City Administrator. Such behavior is a violation of Section 103 (Organizational Chain of Command) of the City of Lake Geneva Employee Handbook. Elected officials have no authority to direct City staff to undertake anything without the expressed motion and approval of the Common Council or its related committees. Any such violations (or similar inappropriate behavior) will be reported to the City Administrator, who will forward any grievance received to the City's Personnel Committee for review/possible action. The Personnel Committee or designees will investigate grievances and, if deemed appropriate; issue a written public or private censure which will be placed in a personnel file created for the person who has violated the "norms and protocols" for elected officials. Depending on the circumstances, such violations may be cause for removing an elected official from office and prohibited from seeking elected office within the City of Lake Geneva government in the future. Any attempt at contacting a staff member who has filed a grievance (to discuss the matter) will be considered retaliation under Federal law concerning the protection of organizational whistleblower and will be reported to the US Department of Labor. Page 65 of 80 A Council member shall maintain decorum and set an example for appropriate conduct when the Council member represents the City, including at City meetings. Council members shall conduct themselves so as not to bring embarrassment upon the City; refraining from rude, critical or otherwise disrespectful verbal or written comments, facial expressions or gestures directed at fellow Alderpersons, City Staff, City Commission and Committee members or members of the public. Standards of Conduct for All Employees 102.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the City and are expected of all employees. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, employees are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this city or an employee’s supervisor. 102.1.1 DEFINITIONS Definitions related to this policy include: Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that an employee’s action, inaction, or decisions are or may be influenced by a personal or business relationship. It includes conflicts defined and prohibited by state law. 102.2 POLICY The continued employment or appointment of every employee of the City shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether during work hours or non-work hours, may be cause for disciplinary action. 102.3 GENERAL STANDARDS Employees shall conduct themselves in accordance with the federal and state constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. Employees shall familiarize themselves with policies and procedures and are responsible for compliance with each. Employees should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 102.4 CAUSES FOR DISCIPLINE The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, or ethics, and specific action or inaction that is detrimental to the city’s ability to effectively serve the public. Page 66 of 80 102.4.1 LAWS, RULES, AND ORDERS Violation of, or ordering or instructing a subordinate to violate, any policy, procedure, rule, order, directive, or requirement, or failure to follow instructions contained in city manuals. Disobedience of any lawful direction or order. Violation of federal, state, local, or administrative laws, rules, or regulations. 102.4.2 ETHICS Using or disclosing one’s status as an employee of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity. The wrongful or unlawful exercise of authority on the part of any employee for malicious purpose, personal gain, willful deceit, or any other improper purpose. The receipt or acceptance of a reward, fee, or gift from any person for service incident to the performance of the employee's work with the City. Acceptance of fees, gifts, or money contrary to the rules of this city and/or laws of the state. Offer or acceptance of a bribe or gratuity. Any other failure to abide by the standards of ethical conduct. 102.4.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM (INCLUDING NEPOTISM) Unless required by law or policy, discriminating against, oppressing, or providing favoritism (Including nepotism) to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful. 102.4.4 RELATIONSHIPS Page 67 of 80 Unwelcome solicitation of a personal or sexual relationship during work hours or through the use of one’s official capacity. Engaging in sexual activity during work hours, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. Establishing or maintaining an inappropriate personal or financial relationship as a direct result of any official business. Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the employee knows or reasonably should know of the criminal nature of the organization. 102.4.5 ATTENDANCE Leaving the job to which the employee is assigned during work hours without reasonable excuse and proper permission and approval. Unexcused or unauthorized absence or tardiness. Excessive absenteeism or abuse of leave privileges. Failure to report to work or to the place of assignment at the time specified and fully prepared to work without reasonable excuse. 102.4.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the employee’s position with this city. The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this city for personal or financial gain or without the express authorization of the City Administrator or the authorized designee. Loaning, selling, allowing unauthorized use, giving away, or appropriating any city badge, uniform, identification card, or property for personal use, personal gain, or any other improper or unauthorized use or purpose. Page 68 of 80 Using city resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non- subpoenaed records. 102.4.7 EFFICIENCY Unsatisfactory work performance, including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse. Concealing, attempting to conceal, removing, or destroying defective or incompetent work. Unauthorized sleeping during work hours or assignments. Failure to notify the City within five (5) business days of any change in residence address or contact numbers. Failure to notify a supervisor of changes in relevant personal information (e.g., information associated with benefits determination) within five (5) business days. 102.4.8 PERFORMANCE Failure to disclose or misrepresenting material facts or making any false or misleading statement on any application, examination form, or other official document, report, or form, or during the course of any work-related investigation. The falsification of any work-related records, making misleading entries or statements with the intent to deceive, or the willful and unauthorized removal, alteration, destruction, and/or mutilation of any city record, public record, book, paper, or document. Failure to participate in investigations, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any city- related business. (d) Page 69 of 80 Being untruthful or knowingly making false, misleading, or malicious statements that are reasonably calculated to harm the reputation, authority, or official standing of this city or its employees. (e) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this city or subverts the good order, efficiency, and discipline of this city or that would tend to discredit any of its employees. (f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: While on city premises. At any work site, during work hours, or while using any city equipment or system. (g) Improper political activity, including: Unauthorized attendance during work hours at official legislative or political sessions. Solicitations, speeches, or distribution of campaign literature for or against any political candidate or position during work hours or on city property except as expressly authorized by city policy, an employment agreement or contract, or the City Administrator or the authorized designee. (h) Engaging in political activities during work hours except as expressly authorized by city policy, any employment agreement or contract, or the City Administrator or the authorized designee. (i) Unauthorized solicitation of employees or distribution to employees on the premises, to include, but not limited to soliciting funds or signatures; conducting membership drives; distributing literature or gifts; offering to sell merchandise or services (except by representatives of vendors or potential vendors as authorized by the City); or any other similar activity. (j) Any act that brings discredit to this city. 102.4.9 CONDUCT Page 70 of 80 Failure to promptly and fully report activities on the employee's part or the part of any other employee where such activities resulted in contact with any law enforcement agency or that may result in criminal prosecution or discipline under this policy. Unauthorized or unlawful fighting, or threatening or attempting to inflict unlawful bodily harm on another. Engaging in horseplay that reasonably could result in injury or property damage. Discourteous, disrespectful, or discriminatory treatment of any member of the public or any employee of the City. Use of obscene, indecent, profane, or derogatory language during work hours or in uniform. Criminal, dishonest, or disgraceful conduct that adversely affects the employee's relationship with the City. Unauthorized possession of, loss of, or damage to city property or the property of others or endangering it through carelessness or maliciousness. Attempted or actual theft of city property; misappropriation or misuse of public funds, property, personnel, or the services or property of others; unauthorized removal or possession of city property or the property of another person. Activity that is incompatible with an employee's conditions of employment or appointment as established by law or that violates a provision of any employment agreement or contract, including fraud in securing the appointment or hire. Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the City Administrator or the authorized designee of such action. Any other conduct that any employee knows or reasonably should know is unbecoming an employee of this city, is contrary to good order, efficiency, or morale, or tends to reflect unfavorably upon the City or its employees. Circumventing the chain of command. Undermining the authority of a supervisor. 102.4.10 SAFETY Page 71 of 80 Failure to observe or violating city safety standards or safe working practices. Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver's license, first aid). Failure to maintain good physical condition sufficient to adequately and safely perform the work assigned, if applicable. Unsafe firearm or other weapon handling, including loading or unloading firearms in an unsafe manner. Carrying, while on the premises of the work site, any firearm or other weapon that is not authorized by law or the member's appointing authority. Unsafe or improper driving habits or actions in the course of employment or appointment. Any personal action contributing to a preventable accident. Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours. 102.4.11 INTOXICANTS Reporting for work or being at work while intoxicated or when the employee's ability to work is impaired due to the use of alcohol, medication, or drugs, whether legal, prescribed, or illegal. Possession or use of alcohol during work hours or within four (4) hours of reporting for duty. Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug, or non-prescribed medication to work. Performing safety-sensitive functions for 24 hours following an alcohol test result indicating an alcohol concentration of 0.02 but less than 0.04. Page 72 of 80 Page 73 of 80 Page 74 of 80 Page 75 of 80 Page 76 of 80 Page 77 of 80 Page 78 of 80 Page 79 of 80 Page 80 of 80