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Verbal and written reprimands shall be removed from an employee's record after one (1) year from the date of the disciplinary finding provided that no minor infractions occur in the interim.
Employees found guilty of minor infractions and placed in Step 2 of the Progressive Disciplinary Procedure shall have the record removed if no minor or major infractions occur within an eighteen (18) month period thereafter.
Employees found guilty of minor infractions and placed in Step 3 of the Progressive Disciplinary Procedure shall have the record removed if no minor or major infractions occur within a twenty- four (24) month period thereafter.
Major infractions shall be removed from an employee's record after three (3) years from the date of the disciplinary finding provided no other major or minor infraction occurs in the interim.
Records of expunged disciplinary actions shall be removed from the employee's personnel records and shall not be used as a basis for future disciplinary actions, or used as a basis for denial of a transfer, demotion or promotional opportunity, except employees placed at Step 3 or higher may continue to have the discipline considered for promotional purposes for a period of one (1) year after its removal. An employee has a right to review his/her disciplinary file in their department and at the Department of Human Resources level on an annual basis.
A schedule of records retention and disposition shall be created consistent with the above time frames and submitted for approval to the appropriate authorities. Upon approval of the schedule, expunged disciplinary records will be destroyed. The City may maintain a statistical record showing numbers, type, and levels of discipline and a statistical profile of employees disciplined, but shall not maintain any records identifying individual employees beyond the specified periods.
Reprimands may be removed after five (5) months from the date of the reprimand at the discretion of the Communications Captain. Employees requesting removal shall submit a written request to the Captain.
Counseling is intended to be used as a corrective, rather than a punitive, measure and should be used to call attention to proper procedures, performance and expectations. When it becomes necessary for a supervisor to counsel an employee, it shall be done in private in a manner which will not cause embarrassment to the employee. This shall normally occur within ten (10) work days of the offense.
Counseling records shall be removed after nine (9) months from their issuance and destroyed in accordance with the provisions of Section 2115.32, “Clearing of Employee's Record”.
The parties agree that alcoholism and other such drug depen dencies are both a sickness and a social ill. The parties desire to work together to help correct the problems this has caused our employees and the City.
The parties will identify in a cooperative fashion persons in need of the Employee Assistance Program both inside and outside the discipline process.
The parties agree that a strengthening of the Employee Assistance Program is essential for effective operation of that program. In order to strengthen it, the following actions must take place.
1. Additional training and education on alcoholism, drug dependency, and the Employee Assistance Program should be made available.
2. When discipline is involved, the parties will fashion discipline so that the remedy will help correct the problem as well as imposing a penalty. The City reserves the right to discipline.
3. When an employee is referred to the Employee Assistance Program as a result of the discipline process, the employee shall attend that program under threat of further discipline.
4. Reports limited to attendance, cooperation, and progress can be confidentially supplied to the employee's division head and other appropriate individuals so as to assure that treatment is completed; provided, however, that the exact nature of the problem, prognosis, and diagnosis should remain confidential. Reports shall only be provided when the employee is enrolled in the Employee Assistance Program as a result of the discipline process or when the employee consents to the submission of status reports.
5. The methods, criteria, functions, successes or failures of this program shall be re-evaluated whenever appropriate.
6. The Union and City shall form a committee of a representative from the Union, a representative from the City, and the coordinator of the Employee Assistance Program to evaluate and assist the Employee Assistance Program.
SENIORITY AND RELATED MATTERS
Newly hired employees shall have no seniority during their probationary period, but upon completion of the probationary period their seniority date shall be the date of hire. Employees in classifications included in Section 2115.02, “Classifications”, shall be probationary employees for a period of one thousand five hundred and sixty (1,560) actual hours worked after successful completion of on the job training. Said employees shall not receive any fringe benefits during the initial one hundred and sixty (160) actual work hours of employment, but shall be entitled to full fringe benefits thereafter.
A performance appraisal system for individual employees may be adopted or continued and instituted by the City in cooperation with Local 7. The system's use in rewarding exemplary performance and determining training needs shall be initiated by mutual agreement with Local 7 by a committee consisting of up to six (6) members (3 City, 3 Local 7), at least one of which from the affected unit.
The performance appraisal system shall include a measurement instrument, mutually agreed to by the City and the Union, including the establishment of performance goals to be agreed upon by the employee and the supervisor. The system shall include training in proper evaluation techniques for both employee and supervisor.
Following the development of the system and employee training, a trial period, not to exceed six (6) months, shall be used to evaluate the effectiveness of the performance evaluation system. Data from the trial period will be used to evaluate methods of improving the system.
After the trial period and the evaluation of the pilot performance appraisal system, the modified system may be replicated in other divisions by mutual agreement of the City and the Union.
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