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8. Conviction of DUI or refusal to be tested under the implied consent <br /> law, as follows: <br /> A. DUI or refusal occurs while the employee is working for the <br /> City or operating a city vehicle or equipment, and/or <br /> B. The conviction or refusal results in the loss of the driver's <br /> license required for the performance of the employee's duties. <br /> Other Disciplinary Actions <br /> The following other disciplinary actions may be taken against any employee <br /> after compliance with the above procedure has been followed. <br /> 1. Involuntary demotion. This step shall only be taken if the employee <br /> does not have the ability to function at the higher level. <br /> 2. Forced transfer to a comparable position under a different supervisor. <br /> This step may be taken only if the problem is due to personal incompatibility <br /> between the department head and the employee. <br /> 3. Withholding a salary increase or decreasing the employee's salary. <br /> The employee shall be notified in writing of the action and reason thereof. A <br /> copy of the notice shall be placed in the employee's personnel file. In no <br /> case shall an employee's salary be decreased below the minimum of the <br /> salary range of the employee's class (job points) or below the applicable <br /> minimum wage. <br /> Hearing <br /> In any case of suspension, dismissal or demotion, the employee may be <br /> granted a hearing upon written request for such a hearing made to the City <br /> Council within five (5) working days of notification of the action taken. The <br /> hearing shall be before the City Council. The hearing shall be held within <br /> fifteen (15) working days from the date the request is filed unless the City <br /> and the employee agree on a later date and shall be subject to the Data <br /> Privacy Act and Open Minnesota Meeting Law. <br /> 29 <br />