(a) Disciplinary principles. A clearly written discipline policy promotes fairness and equality in the workplace and minimizes misunderstandings in disciplinary matters. The principles outlined below should consistently be applied to effectively and fairly correct unsatisfactory job behavior.
(1) Employees shall be advised of expected job behavior, what conduct is unacceptable, and the penalties for unacceptable behavior.
(2) Immediate attention shall be given to policy infractions.
(3) Discipline shall be applied uniformly and consistently throughout the village.
(4) Each offense shall be handled objectively.
(5) Discipline shall be progressive as outlined in this chapter.
(6) An employee’s immediate supervisor or the Village Administrator/Mayor shall be responsible for administering discipline.
(b) Progressive discipline.
(1) Department supervisors and the Village Administrator/Mayor should follow this system of progressive discipline when correcting job behavior.
(2) This policy is a guide for uniform administration of discipline. It neither delegates nor limits the powers and duties conferred upon the village, department heads or Village Administrator/Mayor by the Ohio Revised Code.
(3) This policy provides standard penalties for specific offenses. The examples of specific offenses given in each grouping are illustrative, not inclusive.
(4) The inclusion of standard penalties in this policy does not preclude the application of a more or less severe penalty for an infraction when circumstances warrant it. The appointing authority must be advised in any case where a non- standard penalty is imposed.
(5) Records of oral warning (written documentation) and suspension shall be purged 30 months after issuance, provided no intervening discipline occurs.
A. Oral warning. Supervisors or department heads shall address unsatisfactory behavior promptly by discussing the problem with the employee and counseling more suitable behavior.
B. Written warning. If an oral reprimand does not resolve misbehavior or where more severe action is warranted, supervisors and department heads may issue written reprimands. The original shall be placed in the employee’s personnel folder and a copy given to the employee.
C. Suspension. If oral or written reprimands fail or where more severe action is warranted, department heads may recommend suspension from work, without pay.
D. Dismissal/discharge. If lesser disciplinary actions fail, employees may be discharged. The employee shall be given, at minimum, same day written notice listing the effective date of and reason(s) for dismissal. Employees being considered for discharge, may be suspended with or without pay. Final discharge of employees approved by Village Administrator/Mayor are contingent on approval of Council.
(c) Grounds for disciplinary action and penalties.
(1) The Group I, II and III Offenses which follow illustrate the kinds of offenses which historically warrant the penalties established for the group.
(2) In general, Group I Offenses are of a relatively minor nature. They cause only a minimal disruption to the organization in terms of a slight yet significant decrease in organizational productivity, efficiency and/or morale. If ignored, Group I Offenses usually cause only temporary or minor impact to the organization unless they are compounded over time.
(3) Group II Offenses are more serious than Group I Offenses. They cause a more serious and longer lasting disruption to the organization. If ignored, Group II Offenses can have a more serious and longer lasting impact against the organization than Group I Offenses.
(4) Group III Offenses are very serious or, possibly, criminal. They cause a critical disruption to the organization. If ignored, Group III Offenses cause long lasting and serious impact against the organization.
(5) Group I Offenses.
First Offense: | Instruction and cautioning |
Second Offense: | Written reprimand |
Third Offense: | Up to three working days suspension without pay |
Fourth Offense: | Up to ten working days suspension without pay |
Fifth Offense: | Termination |
A. Failure to “report off” work or any absence.
B. Failure to commence duties at the beginning of the work period, or leaving work prior to the end of the work period.
C. Leaving the job or work area during working hours without authorization.
D. Making preparations to leave work authorization before lunch, any scheduled break, or before quitting time.
E. Leaving a continuous operations position before being relieved by another employee.
F. Neglect or carelessness in signing in or out, clocking in or out, or signaling in or out.
G. Unauthorized absence from work.
H. Creating or contributing to unsanitary or unsafe conditions or poor housekeeping.
I. Distracting the attention of others, or otherwise causing disruption on the job.
J. Malicious mischief, horseplay, wrestling, or other undesirable conduct, including use of profane or abusive language.
K. Threatening, intimidating, coercing, or interfering with subordinates or other employees.
L. Failure to cooperate with other employees as required by job duties.
M. Abuse of village property or equipment.
N. Unauthorized use or possession of another employee’s equipment.
O. Failure to follow safety rules or disregard of common safety practices.
P. Failure to observe department rules.
Q. Obligating the village for any expense, service of performance without prior authorization.
R. Failure to report accidents, injuries or equipment damage.
S. Disregarding job duties by neglect of work, conducting personal business or reading for pleasure during working hours.
T. Unsatisfactory work or failure to maintain required standard of performance.
U. Use of telephone for other than village business purposes without authorization.
V. Violation of departmental uniform regulations.
W. Any conflict with job duties and outside employment.
(6) Group II Offenses.
First Offense: | Instruction and up to three days suspension without pay |
Second Offense: | Up to ten day suspension without pay |
Third Offense: | Termination |
A. Discourteous treatment of the public.
B. Sleeping during working hours.
C. Reporting for work or working while unfit for duty.
D. Conduct violating morality or common decency.
E. Unauthorized use of village property or equipment.
F. Performing private work on village time.
G. Willful failure to sign in or out, clock in or out, or signal in or out when required.
H. Unauthorized failure to report for overtime work after being scheduled to work according to overtime policy.
I. Willful failure to make required reports.
J. Unauthorized solicitation on village premises.
K. Making or publishing false, vicious or malicious statements concerning employees, supervisors, the village or its operations.
L. Refusing to testify in court, during an accident investigation, or any type of public hearing.
M. Lying during a complaint or grievance investigation or hearing.
N. Unauthorized posting or removal of notices or signs from bulletin boards.
O. Unauthorized distributing or posting written or printed matter of any description on village premises.
P. Willful disregard of department rules.
Q. Use of abusive or threatening language toward supervisors, fellow employees, or anyone in general.
R. Unauthorized political activity.
S. For police officers, carrying weapons off duty while using alcoholic beverages.
T. Willful misuse of equipment resulting in damage to the equipment or an accident.
(7) Group III Offenses.
First Offense: | Up to and including termination of employment |
A. Wanton or deliberate neglect of duty in the care, use or custody of any village property or equipment. Wanton or deliberate destruction, in any manner, of village property, tools, equipment, or the property of employees.
B. Lying during accident investigations. Falsifying or assisting in falsification or destruction of any village records. Lying or withholding information required on employment applications. Falsifying or altering any time card (own or other employee’s).
C. Making false claims or misrepresentation in an attempt to obtain any village benefit.
D. Gambling during working hours.
E. Theft or concealment of any property of the village or of other employees.
F. Use of, or the sale of controlled substances, anytime, anyplace.
G. Workplace violence as described in Section 254.16(b).
H. Unauthorized carrying or possession of firearms on village property.
I. Concealing a communicable disease such as TB which may endanger other employees.
J. Instigating, leading, or participating in any unauthorized walkout, strike, sit-down, stand-in, refusal to return to work at the scheduled time for the scheduled shift, or other curtailment, restriction or interference with work in or about the village’s work stations.
K. Dishonesty or any dishonest action. Examples included but are not limited to: theft, pilfering, opening desks assigned to other employees without authorization; theft or pilfering of lunch boxes, refrigerator, tool kits, or other property of the village or other employees without authorization; inserting slugs in vending machines; lying to secure an excused absence or to justify an absence or tardiness;
L. Insubordination.
M. Convicted of sexual harassment.
N. Violation of confidentiality which results in disruption of any law enforcement action.
O. Unnecessary and unwarranted violence (physical or mental) to a prisoner.
P. Discharging a firearm in a non-life threatening situation or not in accordance with Departmental policy (other than approved target practice).
Q. Possession of and/or drinking alcoholic beverages on the job.
(Ord. 2844, passed 12-20-10)