(A) Generally, the Fiscal Court believes in the application of progressive discipline. However, the county reserves the right to skip any step or requirement in the disciplinary action sequence outlined below depending on the severity of the misconduct or when the facts or circumstances otherwise warrant. Further, it is also noted that in establishing the following disciplinary procedures, it is specifically not the county’s intention to create any employment situation that compromises its at-will employment status. As expressly stated herein, nothing in these policies is intended to create a contract of employment. Any individual may voluntarily leave employment or may be terminated by the county at any time, for any lawful reason, or for no reason at all. Any oral, written statements, custom or course of dealing to the contrary are hereby expressly disavowed.
(B) When an employee fails to follow any rule, regulation, operating procedure or job requirement, one of the following measures shall apply, depending upon the circumstances involved and the severity of the offense.
(1) Verbal warning.
(a) In the case of a minor infraction, the immediate supervisor or department head shall administer the verbal reprimand as soon as possible after the offense.
(b) The date of the verbal reprimand, along with a description of the occurrence which prompted the reprimand and any comments the employee may have made, shall be noted by the person giving the reprimand in his or her own supervisory file.
(2) Written warning.
(a) In the case of either a second minor infraction or a more serious first infraction, the immediate supervisor or department head shall give the employee written warning specifying the reason(s) for the warning and noting any previous verbal and/or written warnings.
(b) After issuing a written warning, the county may choose to have the employee’s performance reviewed on a daily basis for improvement. In doing so, the county shall explain the consequences of continued infractions.
(c) The employee shall sign the written warning, or the warning shall be signed by a witness. A copy of the written warning shall be forwarded to the personnel officer to be placed in the employee’s personnel file.
(3) Suspension.
(a) After either a serious violation or repeated minor violations, the supervisor or department head shall request, in writing, that the Judge/Executive, suspend the employee with or without pay. The request shall include the reason(s) for the suspension, if any, along with details of previous disciplinary action(s) taken against the employee, if any.
(b) The Judge/Executive, with the approval of the Fiscal Court, may suspend an employee for any period up to and including four calendar weeks, depending upon the offense’s severity. Other constitutional officers may also exercise this authority, without the approval of the Fiscal Court.
(c) When a decision to suspend an employee is made, the Judge/Executive shall provide written notification to the employee within three working days. The notice shall include the reason(s) for the suspension, if any, and the duration of the suspension.
(d) Employees suspended without pay for a period of four calendar weeks shall not be eligible for county benefits, including accrual of sick and vacation time, and the county’s contribution to life and medical insurance.
(4) Suspension without pay.
(a) In situations where the county has become aware of alleged misconduct by an employee which, if substantiated, could result in disciplinary action, the appointing authority may suspend the employee without pay if it is determined the action is necessary to assure public confidence in governmental oversight of its employees, or to assure the integrity of county’s inquiry into the allegations.
(b) In the event it is necessary to suspend an employee with pay, the following procedures shall be observed.
1. The county shall, if possible, immediately provide verbal notification to the employee, followed by written notification, within three working days, informing him or her of the suspension and the nature of the allegations being investigated.
2. Consistent with existing personnel procedures, the county shall immediately begin an investigation into the allegations against the employee. This investigation shall be carried out expeditiously, and in no instances shall it be delayed beyond what is considered reasonable and necessary to conduct a complete investigation.
3. Upon reaching a determination as to the culpability of the employee, the appointing authority shall take action, as follows:
a. In the event the allegations against the employee are valid, the appointing authority shall invoke disciplinary action as deemed appropriate. These actions shall not include payment of wages in the event the suspension is extended beyond the investigative period; or
b. In the event the allegations against the employee are proven to be false, the employee shall immediately be reinstated to his or her position.
4. During the time an employee is on suspension with pay, he or she is considered to be performing services for the county. Therefore, the employee must remain available to return to work within 24 hours of receiving written or verbal confirmation of his or her reinstatement from the appointing authority. In the event the employee is notified of this reinstatement verbally, the county shall provide written verification within one working day.
5. Nothing in this policy or procedure should be construed as limiting the authority of the local government to suspend an employee without pay in those instances where the action is deemed appropriate.
(5) Dismissal.
(a) When an offense is repeated, or misconduct is serious enough for discharge on the first offense, a supervisor or department head may recommend dismissal of an employee. The recommendation shall include the reason(s) for dismissal, if any, details of previous disciplinary action taken against the employee, if any, and the recommended effective date and time of discharge.
(b) Upon review of the supervisor or department head’s recommendation to dismiss, and after receiving the approval of the Fiscal Court, the Judge/Executive shall provide the employee with a letter of intent to dismiss containing:
1. The reason(s) for dismissal, if any;
2. The details of previous disciplinary action(s) taken against the employee, if any; and
3. The recommended effective date and time of the intended discharge. Other constitutional officers operating under these policies shall also comply with this requirement, but do not have to have the approval of the Fiscal Court.
(2001 Code, § 31.061) (Ord. passed 1-14-2000)