(a)All regular employees in the classified service shall be disciplined in accordance with the following disciplinary actions. All appointing authorities shall comply with the disciplinary actions and appeals process. The employment of every regular employee shall be conditioned on the satisfactory conduct and performance of the employee. The employee shall perform all assigned duties and responsibilities under the direction of their immediate supervisor and appointing authority.
(b)Every employee serving in a probationary period or temporary, part-time, student and intern, and emergency appointments shall be discharged at-will by their respective appointing authorities without rights of appeal to the board.
(c)All regular employees governed by these disciplinary actions are subject to
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(a)
All regular employees in the classified service shall be disciplined in accordance with the following disciplinary actions. All appointing authorities shall comply with the disciplinary actions and appeals process. The employment of every regular employee shall be conditioned on the satisfactory conduct and performance of the employee. The employee shall perform all assigned duties and responsibilities under the direction of their immediate supervisor and appointing authority.
(b)
Every employee serving in a probationary period or temporary, part-time, student and intern, and emergency appointments shall be discharged at-will by their respective appointing authorities without rights of appeal to the board.
(c)
All regular employees governed by these disciplinary actions are subject to demotion, dismissal, or suspension without pay by their respective appointing authority. Disciplinary actions shall be for cause. These disciplinary actions shall govern all terminations of employment except voluntary separations-resignations, terminations through reduction in force actions, retirements, disability terminations, unclassified service termination, and probationary employee dismissal termination.
(1) DISCIPLINARY PROCESS. Regular employees shall be disciplined for reasonable and just cause or violation of established policies and rules. The appropriate appointing authority or supervisor shall discipline a regular employee through the following means of a written warning. At indication of unacceptable performance or violation of rules and practices that do not warrant formal disciplinary action, the employee shall be issued a written warning. A written warning shall serve as an opportunity to the employee to take corrective actions and resolve any actions, problems, or matters. Written warnings shall clearly outline the reason for the written warning and that further warnings shall result in formal disciplinary action such as dismissal, demotion, or suspension. The written warning shall be served upon the employee as soon as possible following the action causing the warning, and shall be signed by the appointing authority, supervisor, and employee. The employee signature denotes receipt and does not necessarily denote agreement. Should the employee refuse to sign for receipt, the department head or supervisor shall note the refusal and the date and time the warning was given to the employee. The director and board shall provide the necessary forms to the appointing authorities. A copy of all written warnings and disciplinary actions shall be maintained in the employee’s personnel file.
(2)
CAUSES FOR DISCIPLINARY ACTIONS. The following are the causes which shall be sufficient for disciplinary actions. This list is not to be interpreted as inclusive of all causes for action:
a.
Failure to give proper notice of an absence.
b.
Irregular attendance or absence without leave.
c.
Repeated tardiness, such as two late arrivals or late absentee notices within a three-month period.
d.
Interference with the work of others including, but not limited to, offensive personal habits which interfere with efficient operations.
e.
Excessive inefficiency including, but not limited to, waste, loafing, absence from assigned work area without permission, and defective workmanship.
f.
Violation of reasonable, normal, or required safety practices, or the failure to report a work-related accident or injury.
g.
Improper use or care of county property.
h.
Political activities while on duty.
i.
Misconduct including, but not limited to, lack of cooperation, violation of civil or criminal law, and any disgraceful or infamous conduct which reflects unfavorably on the county as an employer.
j.
Loss of a driver’s license or driving privileges by due process of law, when the employee’s job requires the regular operation of a motor vehicle in the performance of routine duties.
k.
Dishonesty as related to an individual’s job duties or profession, or the use of one’s official position for personal advantage.
l.
Dangerous horseplay on the job.
m.
Violation of county regulations, department rules, lawful orders, or directions made or given by a supervisor.
n.
Political activities that are violations of federal or state laws.
o.
Sexual harassment and any other form of harassment.
p.
Sleeping on the job.
q.
Incompetency or repeated inefficiency in the performance of duties.
r.
Abusive personal conduct or language toward the public or fellow employees, or abusive public criticism of a superior or other county official.
(3)
Formal disciplinary action.
a.
Dismissal, demotion, and suspension shall be in writing and shall set forth the cause of action; the date the dismissal, demotion, or suspension is to become effective; and any other information deemed appropriate by the department head or supervisor.
b.
A copy of the notice shall be delivered to the director on the same day that the notice is served on the employee by the appropriate appointing authority or designee. The notice shall be signed in the same manner as discussed within the written warning guidelines. The formal disciplinary action notice shall denote the cause, action, and the effective date of formal disciplinary action. The formal disciplinary action notification shall be made prior to or on the date the dismissal, demotion, or suspension is to be effective.
1.
Dismissal is the termination of employment through disciplinary action.
2.
Demotion is the disciplinary action of decreasing an employee’s compensation through the demotion to a position in a lower class, position, and grade.
3.
Suspension is the disciplinary action of suspending a regular employee, for improper behavior or actions, without pay for a period not to exceed 10 consecutive working days. A suspended employee shall not accrue any annual or sick leave time during any month in which he or she is serving a suspension of 10 days.
(4)
CAUSES FOR FORMAL DISCIPLINARY ACTIONS. Dismissal, demotion, or suspension. The following are some examples of causes which shall be sufficient for formal disciplinary actions. This list shall not be interpreted as inclusive of all causes of action:
a.
The receipt of two written warnings within a six-month period concerning the violation of rules and regulations, poor attendance, or performance.
b.
Misconduct, including, but not limited to, conviction or criminal acts, disgraceful or infamous conduct which reflects unfavorably on the county as an employer.
c. Refusal of an employee to testify or answer any questions before the board pursuant to the board conducting hearings concerning the affairs of government or conduct of any officers or employees.
d.
Possession or use of alcohol, unprescribed dangerous drugs, or similar intoxicants while on county property or on the job.
e.
Operation of a county vehicle or county equipment while under the influence of intoxicants such as alcohol, unprescribed dangerous drugs, or prescribed drugs which cause an unsafe mental or physical state.
f.
Loss of driver’s license or driving privileges by due process of law, when the employee’s job requires the regular operation of a motor vehicle in the performance of routine duties.
g.
Use of a deadly weapon or force on county property.
h.
Deliberate falsification of records or personal misrepresentations of fact to a supervisor, county official, the public, or the board.
i.
Dishonesty as related to an individual’s job duties or profession, or the use of one’s official position for personal advantage.
j.
Fighting, except in self-defense when the employee is a victim of an unwarranted assault.
k.
Insubordination.
l.
Conviction of a serious criminal offense or of a misdemeanor involving moral turpitude.
m.
Theft, destruction, careless or negligent use, or willful damage of county property.
n.
Violation of safety practices that endanger the life or health of the employee or others.
o.
Refusal to be examined by a licensed physician when so directed for cause by the county.
p.
Sexual harassment and any other form of harassment.
q.
Incompetency or repeated inefficiency in the performance of duties.
r.
Abusive personal conduct or language toward the public or fellow employees, or abusive public criticism of a superior or other county official.
s.
Conduct or actions determined to be a conflict of interest as defined by state law.
t.
Fraudulent misrepresentation in securing an appointment or pro-motion in the county services.
u.
Repeated and willful violation of relatively minor offenses.
(5)
APPEALS PROCESS. A regular employee shall have the right to appeal formal disciplinary actions of dismissal, demotion, or suspension. The employee desiring to appeal shall within five calendar days from the date of action file with the director, in duplicate, a written answer to the charges or cause of action and request a hearing. Such answer and appeal request shall contain all of the following:
a. The reason of dismissal, demotion, or suspension.
b. An admission of denial or guilt.
c. Reason, in detail, why the dismissal, demotion, or suspension should not have taken place.
(6) BOARD ACTIONS. Upon receipt of an appeal, the director shall notify the board chair; and the board shall call a hearing to order within 15 calendar days of the director’s receipt of the appeal. The board shall order a hearing and review the appeal request. The hearing shall not be a public hearing, but all board decisions and actions shall be made public by the board immediately following the hearing.
(7) HEARING. The board shall either approve the actions of the appointing authority or rescind or modify the formal disciplinary actions of the appointing authority. The board through the hearing shall determine the merits of the actions and the appeal. The appealing employee shall be present to answer any questions from the board. The appointing authority and applicable supervisory staff shall be present to answer any questions the board may have concerning the appeal.
(8) WITNESSES. It shall be the duty of the director to subpoena witnesses other than character witnesses, for or against the employee upon written notice that their testimony is necessary. Witnesses are to be used to examine the meritorious facts of the causes of the formal disciplinary actions. Employees of the county shall be required to attend and testify without subpoena.
(9) Decisions.
a. The board shall render its decision at the conclusion of the hearing by publicly approving the formal disciplinary actions of the appointing authority or rescinding or modifying the actions taken. The board shall issue a written determination notice to the appointing authority and appealing employee. The written notice shall be recorded in the appointing authority’s departmental file and the appealing employee’s personnel file in the director’s department. The board actions shall be final and conclusive after such hearing. The final disciplinary actions may be reviewed through the circuit court through legal actions by either the appealing employee or appointing authority. The board actions shall not be changed other than through the circuit court decision. The written records shall be maintained by the director in the appropriate files.
b. The hearing shall not be public to protect the confidentiality of the appealing employee and the appointing authority for the protection of good name and character. All board actions shall be public and available for public inspection.