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Civil Service Commission Rules and Regulations

Disciplinary Actions

Policy Number: 7.6.11

Effective Date: March 16, 2007

Oral Counseling:

An oral counseling is the most common method for assisting the employee to improve work performance or comply with rules and policies.

Written Reprimand:

A written reprimand should state that it is a “written reprimand” and shall state that further disciplinary action will occur if the employee fails to achieve a satisfactory level of performance. A copy of the written reprimand should be provided to the employee.

Suspension:

A suspension is the temporary release from duty of an employee for up to thirty calendar days without pay. A suspension is applicable when a prior reprimand does not produce satisfactory results in correcting behavior, or when the office or department determines that a violation of a rule or policy is serious enough to warrant a suspension without prior use of less severe discipline.

Forfeit of Leave in Lieu of Release from Duty.

In lieu of release from duty, employees may request from their office or department to forfeit time from their available vacation leave, personal leave, FLSA, compensatory, or discretionary time up to a total of five days in one fiscal year. An employee allowed to do so will agree to report to work on those days of the forfeited leave and waive their right to appeal the suspension. The employee must sign an agreement which will be attached to the suspension in the employee’s personnel file.

Demotion:

A demotion is the involuntary reduction of an employee’s pay grade and classification by the office or department. Demotion is applicable when a prior reprimand or suspension does not produce satisfactory results in correcting behavior, or when the office or department determines that a violation of a rule or policy is serious enough to warrant a demotion without prior use of less severe discipline.

Termination:

A termination is the involuntary discharge of an employee by the office or department. Discharge is applicable when a prior reprimand, suspension, or demotion does not produce satisfactory results in correcting behavior, or when the office or department determines that a violation of a rule or policy is serious enough to warrant a termination without prior use of less severe discipline.

Disciplinary Action within 120 Days

A disciplinary action cannot be filed against an employee for a non-criminal violation that occurred over 120 days prior to the service of the Notice of Proposed Disciplinary Action or written reprimand, unless it can be shown that the conduct was actively concealed. A disciplinary action for criminal activity can be brought at any time.

Notice of Proposed Disciplinary Action and Reply

Prior to suspending, demoting or terminating an employee, the office or department shall provide the employee with a notice of proposed disciplinary action and provide a reasonable opportunity for the employee to respond orally or in writing to the charges. The office or department should review and inspect any and all evidence which supports the employee’s position before the proposed disciplinary action takes place.

Notice of Proposed Disciplinary Action

The office or department shall prepare a Notice of Proposed Disciplinary Action and include the following information.

  1. The specific policies or rules violation.
  2. The specific details of the violation(s), including names of witnesses, dates and times.
  3. Inform the employee that the action is proposed and not a final decision.
  4. Inform the employee that they have a right to reply and that the reply will be considered.
  5. Inform the employee to whom the reply should be directed.

Service of the Notice of Proposed Disciplinary Action

The Notice of Proposed Disciplinary Action, if practicable, should be made in person with a written receipt obtained. If personal service is not available, service is deemed complete if the Notice is sent by certified mail to the employee’s last known address.

Employee Reply

An employee shall have ten (10) business days from the day of receipt of the Notice of Proposed Disciplinary Action to reply as directed to the office or department. An employee shall have five business days to reply if there is reasonable cause to believe that the employee is guilty of a crime for which a prison or jail sentence can be imposed. The day of receipt is not counted. If mailed, the reply must be postmarked by the reply date.

Notice of Disciplinary Action

The office or department has ten (10) business days from the receipt of the employee’s reply to send the employee a written Notice of Disciplinary Action. The day of receipt is not counted. The deadline may be extended by written agreement of the parties.

Notice of Disciplinary Action

The Notice of Disciplinary Action shall include the following:

  1. Inform the employee of the office or department’s decision.
  2. The effective date of the disciplinary action, which if not specified in the Notice, is deemed to be one day later than the date of receipt of the Notice by the employee.
  3. Identify the reasons for the disciplinary action.
  4. Inform the employee of the right to appeal the decision to the Commission.
  5. Identify the individual(s) to whom such appeal should be addressed.
  6. Identify the person or office from which the employee may obtain any additional information about the employee’s rights.

Service of the Notice if Disciplinary Action

The Notice of Disciplinary Action, if practicable, should be made in person with a written receipt obtained. If personal service is not available, service is deemed complete if the Notice is sent by certified mail to the employee’s last known address.

Copies of Disciplinary Actions

A copy of the Notice of Disciplinary Action and Proposed Notice of Disciplinary Action shall be placed in the employee’s personnel file after 10 business days if no appeal of the Disciplinary Action has been filed with the Commission. If an appeal of the Disciplinary Action has been filed with the Commission, a copy of the Notice of Disciplinary and Proposed Notice of Disciplinary Action should not be placed in the employee’s personnel file until the appeal is resolved by the Commission or the appeal is withdrawn by the employee.