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DISCIPLINE
The purpose of discipline is to effectively, consistently, and promptly modify employee behaviors, misconduct, and/or poor performance that is inconsistent with or counterproductive to effective, efficient, and safe county business operations. Supervisors may impose appropriate actions necessary, according to the circumstances of each case. Disciplinary actions include but are not limited to, verbal or written notices, suspension with or without pay, demotion, dismissal, or any other action deemed appropriate at the discretion of the supervisor and HR.
(2004 Code, § 48-47) (Ord. 2017-01, passed 2-16-2017; Ord. 2022-08, passed 7-28-2022; Ord. 2024-12, passed 12-5-2024)
(A) In most cases, but not all, supervisors shall impose a progression of disciplinary actions before recommending dismissal.
(B) The county reserves the right to judge each case individually, based on such factors as the seriousness of infraction, work history, prior discipline, employee's knowledge/understanding of rules and procedures, mitigating circumstances, public and private conduct, and how others were treated under the same circumstances.
(C) When a violation occurs warranting disciplinary action, a supervisor may issue disciplinary action in any of the steps outlined below depending on the seriousness of the offense. Prior to a suspension or dismissal, Human Resources must be consulted.
(1) Verbal (documented) Warning - for first offense or infractions of a minor nature.
(2) Written Warning - for infractions of a major nature or if the employee fails to correct shortcomings after a previous verbal warning.
(3) Suspension - for infractions of a major nature or if the employee fails to correct their shortcomings after a previous verbal and/or written warning. Employees may be placed directly on suspension based on the seriousness of the offense, the circumstances surrounding the disciplinary problem and the need to investigate the situation before determining the proper level of discipline to issue. Suspension may be issued with or without pay, in consultation with HR.
(4) Dismissal - if the employee fails to correct shortcomings after a previous verbal, written, and/or suspension or in lieu of the foregoing, an employee may be dismissed immediately after the occurrence of an infraction without a verbal and/or written warning and/or suspension if it is determined in conjunction with HR that the seriousness of the infraction warrants immediate dismissal.
(2004 Code, § 48-48) (Ord. 2017-01, passed 2-16-2017; Ord. 2022-08, passed 7-28-2022; Ord. 2024-12, passed 12-5-2024)
An employee may grieve disciplinary actions in accordance with § 36.180.
(2004 Code, § 48-49) (Ord. 2017-01, passed 2-16-2017; Ord. 2022-08, passed 7-28-2022; Ord. 2024-12, passed 12-5-2024)
GRIEVANCES
(A) Legitimate problems and differences of opinion may and will arise between the county as an employer and its employees. It is the responsibility of all department directors, supervisors, and administrators to establish and maintain a work climate within which an employee's grievance may be identified, presented, discussed, and given fair, prompt consideration.
(B) A grievance is a formal, written complaint filed by an employee after an employee has completed their probationary period. Grievances may be filed under the following circumstances:
(1) A employee believes they have been adversely affected by an alleged violation, mis interpretation, or improper application of established laws, ru!es, regulations, procedures, or policies, OR
(2) An improper, inequitable or unfair act in the administration of the personnel code, OR
(3) An involuntary demotion, suspensions of more than five workdays, OR
(4) Dismissal (directly to Grievance Review Board).
(Ord. 2024-12, passed 12-5-2024)
(A) Step One Grievance. If an employee has a problem or misunderstanding as described above, the first step is to talk to their immediate supervisor within five workdays of its occurrence or their knowledge of the occurrence. The supervisor will give the employee an opportunity to discuss the matter fully and should give an answer within three workdays following the discussion. The majority of problems can be resolved in this manner. If the problem or complaint is against an immediate supervisor, it should go immediately to the department director. In the event the problem or complaint is against a director it should go immediately to the County Administrator.
(B) Step Two Grievance. In the event the problem or misunderstanding cannot be settled between the employee and their supervisor, the employee should describe their problem in writing and submit it to their department director or designee within three workdays. Within three workdays after receipt of the written documentation, the departtment director or designee will provide the employee a written response.
(C) Step Three Grievance.
(1) If the department director or designee has not answered an employee's complaint to their satisfaction, they will have five additional workdays to submit the complaint to the HR Director.
(2) An appeal request may be emailed to the Director of HR or provided in writing containing a signature and must include a concise description of the action or decision being appealed, including the response received from the immediate supervisor and/or department director, the reason(s) why the employee disagrees with the action or decision, and the resolution requested.
(3) The HR Director will provide a response in writing within five workdays of receipt.
(D) Step Four Grievance.
(1) If the HR director has not answered an employee's complaint to their satisfaction, they will have five additional workdays to submit an appeal request to the County Administrator.
(2) An appeal request may be emailed to the County Administrator or provided in writing containing a signature and must include a concise description of the action or decision being appealed, including the responses received from the immediate supervisor, department director, and/or HR director, the reason(s) why the employee disagrees with the action or decision, and the resolution requested.
(3) The County Administrator will render a decision in writing within ten workdays of receipt.
(4) The decision of the County Administrator is final and binding.
(E) Grievance Review Board.
(1) A grievance filed for dismissal from employment will go directly to the Grievance Review Board. The Grievance Review Board (GRB) will consist of the five County Commissioners and may also include the County Administrator. The grievant shall have five business days from dismissal.
(2) To file an appeal, a grievant must submit to the County Administrator, in writing, their name, mailing address, department or office, position or title, the name of any designated legal representative selected by them to appear and/or speak on their behalf, and a concise description of the reasons why they disagree with the action or decision and the resolution requested.
(3) Upon receipt of the appeal, the GRB may, at their discretion, conduct a hearing at which the grievant, as well as the county, shall be afforded the right to be represented by a legal representative at their own expense, the right to present witnesses and evidence, the right to cross-examine witnesses, and the right to present opening and closing arguments. Following such a hearing and/or a review of the written appeal, a written decision by the GRB shall be sent by certified mail, to the address provided by the grievant, within 30 calendar days and shall be final and binding upon all parties of the appeal.
(Ord. 2024-12, passed 12-5-2024)
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