When an employee fails to follow any rule, regulation, operating procedure or job requirement, 1 of the following measures shall apply, depending upon the circumstances involved and the severity of the offense:
(A) Verbal warning.
(1) In the case of a minor infraction, the immediate supervisor or Department Head or County Judge/Executive shall administer the verbal reprimand without rancor and explain the actions necessary to correct the problem as soon as possible after the offense.
(2) 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. A copy shall be forwarded to the Personnel Administrator. Verbal warnings shall be taken out of folder after 3 years.
(B) Written warning.
(1) In the case of either a second minor infraction or a more serious first infraction, the immediate supervisor or Department Head or County Judge/Executive shall give the employee written warning specifying the reason(s) for the warning and noting any previous verbal and/or written warnings.
(2) Written warnings shall state that the employer’s expectation of the employee and the dates the employee’s performance will now be reviewed for improvement. Written warnings shall explain the consequences of continued infractions.
(3) The employee shall sign the written warning or a witness shall sign the warning; a copy of the written warning shall be forwarded to the Personnel Officer to be placed in the employee’s personnel file.
(C) Suspension, with or without pay.
(1) In situations where the county has become aware of alleged misconduct by an employee which, if substantiated, could result in disciplinary action, the Judge/Executive with approval of the Fiscal Court may suspend the employee with or 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 the county’s inquiry into the allegations.
(2) In situations where the infraction puts other employees or citizens at risk, or creates a hostile work environment as defined in the harassment and sexual harassment policies, the Department Head may relieve an employee of his or her duties without consent until the Judge/Executive and the Fiscal Court can be notified.
(a) After either a serious violation or repeated minor violations, the supervisor or Department Head shall request, in writing, that the County Judge/Executive suspend the employee with or without pay. The request shall include the reason(s) for the suspension, along with details of previous disciplinary actions taken against the employee.
(b) The County Judge/Executive, with the approval of the Fiscal Court, may suspend an employee for any period up to and including 4 calendar weeks, depending upon the offense’s severity.
(c) When a decision to suspend an employee is made, the County Judge/Executive shall provide written notification to the employee within 3 working days. If possible, verbal notification shall be provided to the employee immediately and followed by the written notice. The notice shall include the reason(s) for and duration of the suspension.
(d) 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 instance shall it be delayed beyond what is considered reasonable and necessary to conduct a complete investigation.
(e) Upon reaching a determination as to the culpability of the employee, the appointing authority shall take action, as follows:
1. 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
2. In the event the allegations against the employee are proven to be false, the employee shall immediately be reinstated to his or her position. If the suspension was without pay, then the employee shall be paid retroactive to the time of suspension.
(f) During the time an employee is on suspension, 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 1 working day.
(g) Nothing in this policy or procedure should be construed as limiting the authority of the 1ocal government to suspend an employee without pay in those instances where that action is deemed appropriate.
(Order 10, passed 5-27-1998; Am. Order 1, passed 2-24-2009)