(a) Appointing Authority. Each appointing authority shall have the right to treat each infraction upon its individual merit and without creating any precedent for the treatment of any case, which may arise in the future. The causes for disciplinary action, set forth in Section 169.20(c) are not to be construed as a limitation upon the rights of the appointing authority.
(b) Just Cause. Any non-probationary, classified employee of the County of Summit may be terminated, suspended, demoted or reduced in pay for just cause. Employees subject to discipline shall be notified, in writing, of the reason for the action. Termination or suspension for more than three (3) days and reduction in pay or classification are appealable to the Commission.
(c) Causes for disciplinary action. Causes for disciplinary action shall include, but are not limited to, all causes such as incompetence, absenteeism, inefficiency, dishonesty, non-compliance with Chapter 169
of these Ordinances, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misuse of County property (i.e., computer, vehicle, etc.), any violation of state or federal law, safety violation of major significance, discrimination, harassment, workplace violence, theft, fraud or any other failure of good behavior.
(d) Predisciplinary Conferences. Whenever the appointing authority determines that a classified employee may be disciplined for cause and as a result thereof, be terminated, suspended, demoted or reduced in pay, a predisciplinary conference shall be scheduled to give the employee an opportunity to offer an explanation of the alleged conduct.
(1) Hearing Officer. Conferences will be conducted by a hearing officer who will be selected by the appointing authority from persons not directly in the chain of command of the employee. Conferences should generally be scheduled no sooner than twenty-four (24) hours following notice to the employee. It may be necessary to place the employee on Paid Administrative Leave pursuant to Section 169.22(l) for any regularly scheduled work days pending the conference.
(2) Representative. An employee scheduled for a pre-disciplinary conference may elect to have a representative present at the conference. An employee may also elect, in writing, to waive the opportunity to have a predisciplinary conference. It shall be the responsibility of the affected employee to notify the employee's representative of any predisciplinary conference and/or resulting disciplinary action. Any such representative shall be at the employee's cost.
(3) Continuances. Continuances may be granted by the hearing officer for good cause. Requests for continuances shall be made in writing by the employee or the employee's representative and submitted to the hearing officer at the earliest opportunity prior to the conference. Failure to attend the conference as scheduled without requesting and receiving a continuance as specified shall be deemed as a waiver of the conference.
(4) Written Report. The hearing officer shall issue a written report to the appointing authority and employee containing his/her findings on whether or not there is just cause for discipline within ten (10) regular business days of the conference. A copy of the report shall be placed in the employee's personnel file together with the appointing authority's decision with respect to such report. The appointing authority shall determine the disciplinary action to be taken.
(Ord. 2004-596. Adopted 2-14-05; Ord. 2011-380. Adopted 11-7-11; Ord. 2015-269. Adopted 8-31-15.)
(Ord. 2004-596. Adopted 2-14-05; Ord. 2011-380. Adopted 11-7-11; Ord. 2015-269. Adopted 8-31-15.)