702 Types of Actions

A written warning is a formal disciplinary action given to the employee by his supervisor in a private conference and describes the way in which the employee's performance or conduct has failed to meet expectations. The supervisor will:

▪	Specify the unsatisfactory performance or personal conduct, making note of any other recent job performance or personal conduct warnings;

▪

Advise the employee of specific actions he must take within a designated time frame to remedy performance deficiencies; and, inform the employee that the consequences for failing to make the necessary improvement within the specified time frame will lead to further disciplinary action, up to and including dismissal. Absent a specified time frame, 60 days is presumed to be the period of time allowed for completing required performance improvements or demonstrating compliance with a corrective action plan. Immediate corrective action is required for grossly inefficient job performance or unacceptable personal conduct.

A copy of each written warning will be given to the employee and a copy will be made part of the employee's personnel record. The written warning itself should include a statement that this is a written warning, the specific job performance problem or personal conduct that needs to be corrected by a certain time; any action plan that has been developed to assist the employee in accomplishing the required corrective action; and the consequences for not making necessary improvements in accordance with the written reprimand.

A disciplinary demotion is the reassignment of an employee to a position in a lower pay band. It is a disciplinary action, which may be imposed only as provided in Sections 703, Disciplinary Actions for Unsatisfactory Job Performance, and 704, Disciplinary Actions for Unacceptable Personal Conduct and Grossly Inefficient Job Performance, of this manual. Demotion for unsatisfactory job performance may be made only after the employee has received at least one (1) prior written warning regarding his job performance. Discipline for

unacceptable personal conduct may be imposed at any time without prior warning to the employee.

Before a regular employee may be demoted for disciplinary reasons, the following steps must be taken:

▪

A pre-demotion conference must be held with the employee. The employee should be given advance notice of the date and time for the pre-demotion conference and the reasons for the proposed demotion. The purpose of this conference is to consider any new information the employee may present which might affect the demotion decision. No attorney shall represent either side at this conference.

▪	In the conference, the supervisor will inform the employee of his recommendation for demotion and summarize the reasons for his recommendation. The employee will then have the opportunity to respond to the recommendation and to provide additional information in his favor.

▪	After the conference, management will review and consider any new information presented in the conference and will make a decision regarding the recommended demotion.

▪

If the supervisor decides to demote the employee, he will give the employee written notice of the specific reasons for the demotion, the effective date of the demotion, and a statement of the employee’s appeal rights. A copy of this written notice will be made part of the employee's personnel record.

Please refer to Section 304, Pay Rate Upon Demotion, for information on any changes in pay that may occur as a result of the demotion.

A disciplinary suspension is the temporary removal of an employee from duty for disciplinary reasons and is always without pay. Such severe disciplinary action may be used as specified in Sections 703, Disciplinary Actions For Unsatisfactory Job Performance, and 704, Disciplinary Actions For Unacceptable Personal Conduct And Grossly Inefficient Job Performance, of this Chapter.

NOTE: According to FLSA requirements, an exempt status employee may not be suspended without pay, except for safety reasons, for less than one full workday (employees on fluctuating work week may only be suspended without pay for their entire work period).

Prior to placing an employee on disciplinary suspension, the following steps must be taken:

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The supervisor or department head must conduct a pre-suspension conference with the employee advise the employee of the reasons for disciplinary suspension and to consider the reasons for disciplinary suspension and to consider any new information the employee may present. The employee must be given advance notice of the date and time as well as the reasons for the pre-suspension conference.

▪

In the conference, the supervisor will inform the employee of his recommendation for the disciplinary suspension and the reasons supporting that recommendation. The employee will then have the opportunity to respond and to add any additional information in his favor. No attorney shall represent either side at the conference.

▪	After the conference, management will review and consider any new information presented in the conference and will make a decision regarding the recommended disciplinary suspension.

▪

If the decision is to suspend the employee, management will give the employee written notice of the specific reasons for the disciplinary suspension, the effective dates of the suspension, and a statement of the employee’s appeal rights. A copy of the written notice will be made part of the employee's personnel record.

NOTE: For information about investigations related to performances or conduct issues, see Section 613 Investigatory Placements And Investigatory Suspensions.

Dismissal is the removal of an employee from duty, thereby ending his employment with the County. This is the most severe disciplinary action which may be imposed by management and requires approval by the department head or his designee. Prior to deciding to dismiss a regular employee, the following steps must be taken:

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The supervisor must attempt to hold a pre-dismissal conference with a regular employee. The employee will be given as much advance notice as is practical of the date and time for the pre-dismissal conference as well as the reasons for the proposed dismissal. The purpose of this conference is to receive and consider any new information the employee may present. If an employee fails to or refuses to attend the pre-dismissal conference, the employee may be dismissed.

▪	The pre-dismissal conference will be conducted by the supervisor. If the person conducting the conference chooses, security may be present. No attorney shall represent either side at the conference.

▪	In the conference, the supervisor will inform the employee of his recommendation for dismissal and summarize the reasons supporting his recommendation. The employee will then have the opportunity to respond to the facts presented and to add any additional information in his favor.

▪	After the conference, management will review and consider any new information presented in the conference and will make a decision regarding the recommended dismissal.

▪

If the decision is to dismiss the employee, the supervisor will give the employee written notice of the dismissal and the reasons for the dismissal, the effective date of the dismissal, and the employee’s appeal rights. A copy of this written notice will be made part of the employee's personnel record.

In the supervisor’s discretion, the effective date for the dismissal of a regular employee for unsatisfactory job performance may be up to two (2) weeks from the date of notice of dismissal, or the employee may receive up to 80 hours pay in lieu of working notice. The effective date of the dismissal may not be earlier than the date of the letter of dismissal nor later than fourteen (14) calendar days after the date of the letter of dismissal.