(A) This policy applies to all County employees including those covered by a collective bargaining agreement, unless the bargaining agreement or contract explicitly addresses the issue in a manner contrary to this chapter. In those instances, the terms of the bargaining agreement or contract will supersede the terms of this chapter.
(B) Organizations need regulations to govern the conduct of employees, maintain smooth operations, and provide general direction. The County is no exception. Rules have been enacted to help maintain safe and desirable working conditions for everyone, and are posted for general information and to ensure equitable and uniform corrective action when necessary. In order to demonstrate an accurate account of any incident that results in discipline, an employee's supervisor should complete a written report of any improper action. Disciplinary action will be issued by the supervisor upon review and authorization by the department head. In matters of Category IV violations, these actions must first be reviewed by the elected official to whom that employee ultimately reports (or his/her designee) before being issued (See also the “Suspension/Termination of Employment” in this section of this handbook).
(C) The County reserves the right to depart from these guidelines and to take action up to and including immediate discharge when, in its opinion, such action is necessary to protect the well being of the County or its employees.
(D) It is impractical to attempt to list all types of misconduct that may result in disciplinary action; therefore, the following are only basic guidelines:
(1) Category I - The County expects proper procedures and actions of its employees including, but not limited to: being on time; showing respect to co-workers, supervisors and visitors; reporting personal injuries; following normal daily procedures; and notifying one's supervisor in advance of any tardiness or absence. When an employee does not abide by these regulations, it is the supervisor's responsibility to work with the employee to correct the employee's behavior. If there is no improvement, the employee will be notified that his or her behavior or lack thereof, is not in accordance with County policy. This notification will be made verbally with written record of the discussion placed in the employee's file.
(2) Category II - When an employee fails to adhere to safety rules, creates conditions that are unsanitary or potentially dangerous to other employees, displays rudeness/discourtesy to the public, walks off the job without authorization, causes waste of materials or parts due to carelessness, reports to work in dirty clothing or in an unclean manner, uses or possesses another employee's personal tools without consent, engages in a minor act of sexual harassment, engages in verbal confrontations that disrupt the workplace, neglects to properly perform assigned duties, incurs excessive unexcused absences, engages in activities that are unethical such as performing personal work on County time, or when an employee commits a second Category I violation within 12 months of the last discipline issued, that employee will be notified in writing that his or her behavior is not appropriate. Subsequent violations could lead to additional action including suspension and termination.
(3) Category III
(a) These actions are more serious in nature and have significant impact on the County or its employees. They include: being under the influence of alcohol or deliberate abuse of prescription or illegal drugs; specific refusal to follow legitimate directions from one's supervisor or conduct that directly challenges the legal or legitimate authority of a supervisor or manager; commits an act of sexual harassment; posting, altering or removing any matter on a County bulletin board without authorization, disorderly conduct; reckless damage to a vehicle or other County property of less than $2,500.00; failure to report within forty-eight (48) hours any accident; a pattern of negligence in carrying out assigned duties, threatening or intimidating another employee; concealing defective work; use of government equipment, tools, materials or other County property for personal use; sleeping on the job; carrying an unauthorized passenger in a County vehicle during work hours; violating departmental safety rules; or the violation of County Policy.
(b) An employee who commits any of these infractions or any other infraction viewed by the County as serious misconduct, or who commits a second violation of the guidelines contained in Category II within 12 months of the last discipline issued, will be suspended without pay for 3 to 5 days, along with other measures that may be applicable (e.g. counseling). A subsequent violation could lead to additional action including termination.
(4) Category IV
(a) When an employee commits a deliberate action that is deemed inexcusable, that employee will be subject to immediate dismissal. Such actions include deliberate damage of property; a serious violation of County Policy/ordinance, Indiana or Federal law; conviction of a felony; actions that endanger the health and welfare of another employee; deliberate negligence in carrying out one's job responsibilities; the use of physical force against another individual; damage to a County vehicle or equipment that totals $2,500.00 or more; theft, willful tampering with equipment or computer programs; gross insubordination; falsification of records - including time cards, release of confidential information; unreported absence for three (3) days; possession of illegal drugs and alcohol (all instances of alleged substance abuse or intoxication shall be handled pursuant to methods prescribed in Ordinance 7415); possession of weapons, firearms or explosives, physical or sexual assault or abuse; a second violation of a Category III regulation within 12 months of the last discipline issued; or any other extremely serious action. Such behavior will result in an immediate suspension without pay for 5 days pending review for termination by the department head or elected official.
(b) The foregoing listing of causes for disciplinary action is to help illustrate the County's progressive disciplinary policy and does not preclude the County from disciplining employees for reasons not specifically listed. In addition, the County reserves the right to depart from the aforementioned guidelines in matters where the circumstances demand a stronger or milder response.
(E) Documentation/Procedures For Discipline
(1) All disciplinary action, including a verbal reprimand, will be documented. The County's Disciplinary Action Form should be completed in its entirety with all facts documented. The forms shall be signed by the supervisor and the disciplined employee. In the event the employee refuses to sign, a witness should sign to verify that the employee was given the opportunity to review the form. An employee who is disciplined shall be given the opportunity to respond, explain or comment in writing when discipline is issued.
(2) Discipline shall be administered discreetly and explained clearly to the employee. As noted in the “Guidelines for Conduct,” the seriousness of the offense will be considered when discipline is issued. In certain instances, the County reserves the right to depart from the aforementioned guidelines in matters where the circumstances demand a stronger or milder response.
(3) The Board of Commissioners (or in the case of another division, the appropriate elected official/office holder) should be consulted by the department head or supervisor if there is any question regarding the appropriate discipline.
(F) Types of Disciplinary Actions
(1) Oral reprimands are for the first offenses which do not require suspension. Oral reprimands should be documented for future reference and should include a warning to the employee that a subsequent violation could result in further disciplinary actions.
(2) Written reprimands may be issued if an oral reprimand has not corrected the problem or if the violation is not serious enough to require a suspension. The reprimand shall specify which further disciplinary actions could result from subsequent violations.
(3) Suspension without pay shall be administered for repeat offenses or where required immediately due to the nature of the offense. The first day of suspension shall be the first day in which the employee works less than 51% of the workday.
(4) Immediate discharge or dismissal shall be imposed where prior disciplinary actions have not corrected the behavior or where, due to the seriousness of the offense, such action is required.
(5) The supervisor must document and file the disciplinary action taken within five (5) working days of notification of the incident. Failure to act within this period will render the action moot and without force or effect.
(6) Disciplinary actions may be appealed pursuant to the terms of the grievance procedure established with this personnel policy.
(G) Notice Of Changes To The Guidelines For Conduct
(1) A copy of the County's “Guidelines for Conduct” shall be provided to each new employee upon hiring and to all current employees. Copies of the policy will also be available from the County's Human Resources Office.
(2) It is important for employees to be made aware of any changes to this policy. Department heads shall be responsible for advising employees of any changes in the policy. Since any change to these guidelines must be adopted by ordinance, the County Council Attorney shall be responsible for the conspicuous posting of any changes or amendments made to the policy and for notifying the County departments of those changes.