(A) As a part of their performance management responsibilities, the town’s management personnel are accountable for informing employees of performance and/or behavior which is in need of improvement. The purpose for such counseling is to create a mutual understanding of performance and conduct expectations, to develop and improve performance or conduct which is not meeting expectations, and to delineate consequences for those, employees who do not achieve minimum acceptable standards for performance or conduct.
(B) The Town of Sellersburg utilizes a progressive discipline policy. Outlined below are the steps of the town’s progressive discipline policy and procedure. The Town of Sellersburg reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense.
(1) Step One: counseling and documented warning. The first step creates and opportunity for the employee’s immediate supervisor to schedule a meeting with the employee and bring any existing performance, conduct or attendance issue to their attention. The supervisor will discuss the nature of the problem or violation of the town’s policies and/or procedures. The supervisor is expected to clearly describe expectations and steps the employee must take to improve performance or resolve the problem. This meeting will be documented and signed by both the employee and supervisor.
(2) Step Two A: final written warning.
(a) Although the town hopes that the employee will promptly correct any performance, conduct or attendance issues that were identified in Step One, the town recognizes that this may not always occur. The Step Two written warning involves more formal documentation of the performance, conduct or attendance issues and consequences.
(b) During Step Two, the immediate supervisor will meet with the employee to review any additional incidents or information about the performance, conduct or attendance issues as well as any prior relevant corrective action plans. Management will outline the consequences for the employee of his or her continued failure to meet performance or conduct expectations.
(c) A formal performance improvement plan (PIP) requiring the employee’s immediate and sustained corrective action will be issued. The PIP will include a statement warning the employee that failure to meet and maintain the expectations of the plan will result in further disciplinary action, up to and including termination.
(3) Step Two B: suspension.
(a) There may be performance, conduct or safety incidents so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary to ensure the safety of the employee or others, the immediate supervisor may suspend the employee pending the results of an investigation.
(b) Suspensions that are recommended as part of the normal progression of this progressive discipline policy and procedure are subject to approval from a next-level manager and HR.
(c) Depending on the seriousness of the infraction, the employee may be suspended without pay in full day increments consistent with federal, state and local wage-and-hour employment laws. Nonexempt/hourly employees may not substitute or use an accrued paid vacation or sick day in lieu of the unpaid suspension. Due to Fair Labor Standards Act (FLSA) compliance issues, unpaid suspension of salaried/exempt employees is reserved for serious workplace safety or conduct issues. HR will provide guidance so that the discipline is administered without jeopardizing the FLSA exemption status.
(d) Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee.
(4) Step Three: recommendation for termination of employment.
(a) The last and most crucial step in the progressive discipline procedure is a recommendation to terminate employment. Generally, the town will try to exercise the progressive nature of this policy by first providing warnings, a final written warning or suspension from the workplace before proceeding to a recommendation to terminate employment. However, the Town of Sellersburg reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.
(b) For the welfare of the town, the Town Manager shall be notified and involved in all matters related to the discipline, suspension, termination, or transfer of town employees. The Town Manager shall remove heads of departments with advice and consent of the Town Council as dictated by state statute.
(c) There are some behaviors that are considered so extreme by the town that a violation may result in immediate termination:
1. Willful misconduct/dishonesty or a flagrant violation of the town’s policy;
2. Harassment of any employee, customer, vendor, or any other individual as defined by the harassment policy;
3. Intentionally giving false or misleading information as a means of obtaining employment;
4. Deliberate destruction or defacing of town property through abuse, indifference, neglect or carelessness;
5. Violation of the town’s drug and alcohol-free workplace policy;
6. Theft, unauthorized use or removal of town property or property of any town employee customer or vendor;
7. Unauthorized disclosure of any confidential information pertaining to the town or its employees;
8. Fighting on town premises or threatening the life or well-being of another individual;
9. Possession of firearms or other dangerous weapons on town property, unless authorized;
10. Gross insubordination or refusal to complete duties as required by your supervisor;
11. Falsification of work hours or any other town documents;
12. Verbal and/or physical abuse of any person while on town property; and
13. Illegal acts on town premises or during working time.
(d) This list is not all inclusive and the town reserves the right to terminate employees on an at-will basis unless otherwise prohibited by federal, state or local law.
(Ord. 2021-OR-031, passed 11-22-21)