(A) Purpose. The purpose of disciplinary action is to cause the employee to understand that his or her performance or conduct does not meet the county’s standards and, if possible, to give the employee a chance to make the changes necessary to avoid the termination of his or her employment. Disciplinary meetings will be limited to attendance by the employee and the applicable supervisors unless attendance by other parties is requested by the employee or supervisor and approved by the applicable department director or the County Manager.
(B) Types of disciplinary action.
(1) In many situations, problems can be corrected by casual, informal discussions between the employee and his or her immediate supervisor. These discussions will be documented in the employee’s personnel file for future reference.
(2) If oral discussions have not been effective or if the employee’s problems of performance or conduct are too serious for unwritten action, a written warning may be given. The warning should outline the facts briefly and inform the employee that further problems of the same or a different nature will result in more severe disciplinary up to and including termination.
(3) If other forms of disciplinary action have not been effective, or if the employee’s problems of performance or conduct have been particularly serious, the written warning may be accompanied by a suspension without pay for up to five work days.
(4) If a department director feels that other forms of disciplinary action have been ineffective or that the employee’s performance or conduct warrants discharge, the department director may recommend that the County Manager or elected official discharge the employee and the department director may suspend the employee without pay, or with pay upon receiving approval from the County Manager or elected official/appointed official, for as long as it takes for the Manager or elected official to make a decision.
(C) Employee signature on warnings. In order to avoid any dispute over whether an employee has been warned previously, employees are required to sign copies of all written warnings, suspensions, and similar documents. This signature does not constitute agreement or an admission. It is merely a receipt. If an employee refuses to sign a warning or suspension or similar document, he or she must be suspended immediately and given until 4:00 p.m. on the next regular workday to sign the document. If he or she does not sign the document by that time, he or she should be suspended indefinitely and his or her discharge be recommended to the manager or elected official.
(D) Rules of conduct.
(1) It is not possible to list all conduct which may result in disciplinary action, nor is it possible to state what disciplinary action will be taken with regard to particular problems of conduct or performance. In each instance an employee’s overall work record and record of prior discipline will be considered.
(2) The list which follows contains common misconduct which results in disciplinary action up to and including termination.
(a) Failure to follow oral or written instructions;
(b) Inefficiency in the use of time and the performance of duties;
(c) Careless, negligent or improper use of property, equipment, or technology;
(d) Reckless conduct which endangers others or results in minor property damage;
(e) Failure to maintain satisfactory working relationships with the public or fellow employees;
(f) Habitual tardiness or absenteeism;
(g) Any action or practice which unfavorably reflects or causes embarrassment for the county or county officials;
(h) Insubordination;
(i) Working while under the influence of alcohol, illegal drugs, or intoxicants;
(j) Willful failure to use safety equipment or observe safety rules;
(k) Sleeping while on duty;
(l) Gambling on county property;
(m) Engaging in political activity or displaying campaign materials while on county work time, in county work places, or on county-issued uniforms or vehicles;
(n) Unprovoked abusive language and unbecoming conduct when dealing with the public;
(o) Falsification of records or misrepresentation of facts;
(p) Misuse of county funds;
(q) Unauthorized or improper use or disclosure of county records;
(r) Unauthorized absences;
(s) Willfully damaging or destroying equipment or property belonging to the county or fellow employees;
(t) Theft or inappropriate removal or possession of property belonging to the county or another employee;
(u) Unauthorized possession of firearms on county property;
(v) Fighting while on county property; and/or
(w) Conviction of a felony.
(E) Status of employee. Any employee who has been recommended for discharge by his or her supervisor, department director or the elected official by whom he or she is employed, shall be deemed to be an employee without pay and without benefit under § 33.079 until a final decision has been made by the individual with employment and discharge authority.
(F) Status during investigation. During an investigation, hearing or trial of any county employee on any criminal charge, or during the course of any civil action involving an employee or the employee’s status with the county, when suspension would be in the best interest of the county, the County Manager may suspend the employee with or without pay for the duration of the proceedings as a non-disciplinary measure. The maximum amount of time for such type of suspension shall be one year. If charges have not been resolved within one year, the employee shall be removed from the payroll, but may be eligible for rehire.
(‘77 Code, § 13-35) (Ord. 1584, passed 9-17-84; Am. Ord. 5288, passed 10-17-88; Am. Ord. 1393, passed 3-15-93; Am. Ord. 5308, passed 9-2-08; Am. Ord. 1214, passed 5-5-14; Am. Ord. 3918, passed 8-20-18)