HomeMy WebLinkAbout2016 PolicyDocument ID
Prepared By:
Cynthia Watson
Asst. Admin. Services Dir./HR Mgr
ReviI By _—
Ken Killgore,
Administrative Services Director
Approved By:
Joe Griffin,
City Manager
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SEA TAN
HOME OF PELICAN ISLAND
Title
Discipline
Signature
Signature
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Effective Date: October 1, 2016
Revised: October 1, 2016
Date:
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Date: - - — -
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Date:
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Scope:
To establish rules and policies to create an orderly and harmonious work environment and provide
courteous service to our residents and customers. This policy was established to create clear rules
and guidelines with regard to employee conduct and responsibilities. It is the policy of the City that the
employee is given every tool and opportunity necessary to continually excel in their job performance
Purpose:
The disciplinary policy identifies and addresses employee and employment related problems. It applies
to any and all employee conduct that the City of Sebastian, in its sole discretion, determines must be
addressed by discipline. No discipline policy can be expected to address each and every situation
requiring corrective action that may arise in the workplace. The City takes a comprehensive approach
regarding discipline and will attempt to consider all relevant factors before making decisions regarding
discipline.
Employee conduct warranting discipline results from unacceptable behavior, poor performance or
violation of the City's policies, practices or procedures. However, discipline may be issued for conduct
that falls outside of those identified areas. Equally important, the City need not resort to progressive
discipline, but may take whatever action it deems necessary to address the issue at hand. This may
mean that more or less severe discipline is imposed in a given situation. Likewise, some company
polices like sexual harassment and attendance, contain specific discipline procedures.
Progressive discipline may be issued on employees even when the conduct that leads to more serious
discipline is not the same that resulted in less severe discipline. That is, violations of different rules
shall be considered the same as repeated violations of the same rule for purposes of progressive
action.
Procedures:
This policy is to use degrees of discipline which will enable the employee to progressively correct
and improve theirjob performance. Some factors the City will take into account include:
• How serious was the offense?
• Is there more than one offense?
• Did the employee respond promptly to disciplinary action?
• What is the previous work history of this employee?
There are certain offenses that can result in immediate termination. These types of offenses
include, but are not limited to, drug or weapon possession, use or sale of drugs, abuse of alcohol or
other drugs (prescription or non-prescription), threats of violence, fighting, theft, and
insubordination.
Intent
A. It is the intent of the City that effective supervision and employee relations will avoid most
matters which necessitate disciplinary action for violation of the rules, and is not intended to
restrict the rights of anyone but to insure the rights of all and secure cooperation and
orderliness throughout the personnel system.
B. The City recognizes the fact that each instance differs in many respects. The City retains
the right to treat each occurrence on an individual basis and without creating a precedent for
other cases which may arise in the future. The City retains the right to suspend any
disciplinary action at its exclusive discretion.
C. The following rules and regulations are not to be construed as a limitation upon the retained
rights of the City, but merely a guide. The rules and regulations provide recommended
standard penalties to apply for specific offenses.
D. Offenses requiring disciplinary action are divided into three types to reflect degrees of
severity. In each group and for each rule, consideration will be given to the severity of the
offense, the cost involved, the time interval between violations, the length and quality of
service records, of the employee concerned. In each case where the penalty is modified
from the recommended standard penalties, the reasons for such modifications will be noted
in writing.
E. In addition to the general types of offenses listed below, infractions of departmental rules
and regulations will subject the employee to disciplinary action.
Notice of Disciolinary Action
In all cases, the Department Head shall notify the employee of the action taken and a copy of such
notice will be sent to the City Manager prior to placement in the employee's personnel folder.
Verbal Reorimand
As soon as a supervisor perceives a worker's performance problem, the supervisor should issue
a verbal reprimand. Have the manager keep detailed notes or prepare a memo to file about the
conversation or complete the Disciplinary Action Notice (See Appendix A).
Written Warninu
If the problem persists (or more problems emerge), the Supervisor should provide the employee
with a written warning detailing the objectionable behavior, along with the consequences.
Explain the standards that will be used to judge the employee. Specify the time frame within
which performance must improve, and state that continued failure will result in termination. A
copy of the memo should be placed in the employee's personnel file. Have the worker in
question sign a copy to acknowledge receipt.
Final Written Warninq
If the performance does not improve, the supervisor will deliver a final written warning, perhaps
accompanied by probationary status for the employee. The final warning should contain copies
of the previous warnings, indicate specific areas in which the employee must improve and
specify the time period within which the worker's behavior or performance must be corrected.
Suspension
A suspension without pay is more serious than a written warning. An employee will be
suspended -when- helshe--engages-an--conduct-that--justifies-a-suspension-or-the-emptoyee-
engages in unacceptable behavior during the period that a written warning is in effect. An
employee's suspension will be documented and, regardless of the length of the suspension
issued will remain in effect for [specify time (e.g., three months, etc.)].
Crisis Suspension
This type of suspension is for misconduct that calls for immediate action.
Termination Review
If the problem persists, the Supervisor should notify the Human Resources Manager,
Department Head, and Administrative Services Director. The Human Resources Manager,
Department Head and Administrative Services Director should evaluate the full range of
discharge -related considerations. The City Manager has the ultimate decision to terminate.
Prior to termination, the employee will be suspended with pay (or without pay depending on
severity of action), while his/her performance is investigated The employee is to be presented
with the facts revealed by the investigation and is given the opportunity to present his/her side of
the story.
Tvpes of Offenses
The three (3) groups of offenses and a guide for standard penalties recommended are as follows:
Group 1 Offenses
1" Offense - Verbal Instruction and Cautioning
2nd Offense - One (1) day suspension - Written Warning
3`d Offense - Up to five (5) days suspension without pay
4"' Offense - Up to termination
1. Operating, using, or possessing tools, equipment or machines the employee has not been
assigned, or performing other than assigned work.
2. Quitting work, wasting time, loitering, or leaving assigned work area during working hours
without permission.
3. Taking more than specified time for meals or rest periods.
4. Productivity or workmanship not up to required job performance standards.
5. Disregarding job duties by loafing or neglect of work during working hours.
6. Reporting to work or working while unfit for duty, either medically, mentally or physically.
7. Posting or removal of any material on bulletin boards or City property unless authorized.
8. Distributing written or printed material of any description on City premises unless
authorized.
9. Discourtesy to persons with whom the employee comes in contact while on duty by the City.
10. Habitual failure to punch own time card, where applicable. (Guide: 3 times in a 30-day
period).
11. Tardiness. Guide: (3 times in a 30-day period).
12. Chronic absenteeism. (Guide: 3 times in a 30-day period).
13. Violating a safety rule or safety practice.
14. Failure to report an accident or personal injury in which the employee was involved while on
the job.
15. Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief, distracting
the attention of others, verbal harassment "catcalls", demonstrations on the job or similar
types of disorderly conduct.
16. Creating or contributing to unsafe and unsanitary conditions or poor housekeeping.
17. Failure to report the loss of the City identification card to the Department Head.
Group 11 Offenses
1s` Offense —Instruction and Cautioning
2'd Offense — Up to five (5) days suspension without pay
3'" Offense — Up to and may include termination
1. Threatening, intimidating, coercing or interfering with fellow employees or supervision at any
time, including abusive language.
2. Sleeping during duty hours, unless otherwise authorized.
3. Failure to work overtime, special hours or special shifts after being scheduled according to
overtime and standby duty policies.
4. Provoking or instigating a fight or fighting on City property.
5. Leaving his/her post at the end of the scheduled shift without being relieved by the
supervisor or the relieving employee on the oncoming shift, for those units operating on a
24-hour basis.
6. Negligence or omission in complying with the requirements as set forth in departmental rules
and Standards of Conduct.
7. Gambling, or engaging in any other game of chance at City work stations at any time.
8. Making or publishing false, vicious or malicious statement concerning an employee,
supervisor, the City, or its operation.
9. Absent without permission or leave (A.W.O.L).
10. Mistakes due to carelessness which affect the safety of City personnel, equipment, tools or
property.
11. Failure to report a request for information or receipt of a subpoena from a law firm or an
attorney for a matter relating to City business.
12. Knowingly harboring a serious communicable disease which may endanger other
employees.
13. Insubordination by the refusal to perform work assigned, or to comply with written or verbal
instructions of a supervisor.
14. Permitting an unauthorized person to use an employee's City identification card, using
another employee's City Identification card or altering a City Identification card.
15. Failure to return from an authorized leave of absence. Reporting for work while under the
influence of alcohol or drugs.
Group III Offenses
1 st Offense — Suspension without pay up and/or include Termination
1. Wanton or willful neglect in the performance of assigned duties.
2. Deliberate misusing, destroying, or damaging any City property or property of an employee.
3. Use or attempted use of influence or bribery to secure an advantage of any manner.
4. Falsification of personal or City records, including employment applications, accident
records, work records, _purchase orders timesheets, or any other report, record or _
application. _
5. Making false claims or misrepresentation in an attempt to obtain sickness or accident
benefits, or worker's compensation,
6. Unauthorized use or display of firearms, explosives or weapons on City property.
7. Theft or removal of any City property or property of any employee without proper
authorization.
8. Immoral, unlawful or improper conduct or indecency, either on or off the job, which would
tend to affect the employee's relationship to his/her job, fellow workers, reputation or
goodwill in the community.
9. Being absent from duty for a period of three (3) consecutive working days without proper
authorization.
10. Drinking intoxicating liquor while on duty or habitual use or abuse of controlled dangerous
substances.
11. Conviction of a felony, or misdemeanor of the first degree as defined by Florida Statutes.
12. Concerted curtailment, restriction of production or interference with work in or about the
City's work stations including, but not limited to, instigating, leading or participating in any
walkout, strike sit-down, stand-in, slowdown or refusal to return to work at the scheduled
time for the scheduled shift.
13. Participation in a strike against the City as established in Florida Statutes 447.018.
Oral and Written Reprimand
A. Whenever employee performance, attitude, work habits, or personal conduct at any time fall
below a desirable level, supervisors shall inform employees promptly and specifically of
such lapses and give counsel and assistance.
B. In situations where an oral warning has not resulted in the expected improvement, a written
reprimand shall be issued defining the nature of the infraction under the Rules. The written
reprimand will be sent to the employee and a copy of such notice will be sent to the City
Manager prior to placement in the employee's personnel folder.
Suspension
A. An employee may be suspended without pay for reasons as provided in these rules and/or
departmental rules.
B. Personnel Forms involving suspensions must be received in the City Manager's Office within
24-hours following the action to meet the schedule imposed by the grievance procedures. If
circumstances preclude meeting this time limit, any delay must be coordinated with the City
Manager prior to the 24-hour deadline.
Termination
As a result of a serious offense, or as a final step in a series of infractions the employee may be
terminated.
Right to Aooeal
Any regular, non -probationary employee who has received disciplinary action shall have the right to
appeal the action as indicated in the grievance procedure.
Probationary Period
The employee may be placed on probation in conjunction with a final written warning. Wage
increases and vacations will not be allowed during this time. All other benefits will remain in effect.
Investiqative Suspension
An investigative suspension, with pay, is a period (not to exceed ten (10) working days), where an
employee is suspended for a serious violation. A suspension will be given when it is necessary for
the City to fully investigate a suspected serious infraction.
Disciplinary Suspension
This is a suspension not to exceed five (5) days and will serve as punishment for a violation.
Suspension is called for when there is repeated misconduct or the misconduct is serious in nature.
The employee will not be paid during the suspension.
Crisis Suspension
This type of suspension is for misconduct that calls for immediate action.
Termination
As the result of a serious offense, or as a final step in a series of infractions, the employee will be
terminated.
Acknowledoement:
I. have read this policy and agree to comply with all its terms and
conditions I fully understand the terms of this policy and agree to abide by them.
Accepted and Executed this day of , 20_.
Employee Signature
pn,r
SEBASTIAN
HOME OF PELICAN ISLAND
Disciplinary Action Notice
Employee Name Department I Division
Supervisor Name issuing Warning:
Emolover Statement: Specifics of the offense use additional pages l necessary Attach all supporting documents
The specific nolanorte that occurred on or about at alleging the employee did violate the foltowmg policy
andlor regulation:
Group Offense#
Description of Violation:
Previous Warnings: Verbal Writer, Date Sv Whom.
ist Waminq
2nd W amirq I I J
3rd Wamnq
'., Ernpinu.e Statement use addittonafpages dnecessary
-
o I agree sith Empfoyer's Statement
E3 1 disagree Arm Employers descnptnn of violation for these reasons
Employee Signature Date
Action to be Taken:
o V-' rg o probation o SusMraton o DismssabTermraEon o Oth-toresamp%etraringi
Consequence should incident occur again:
I have read this notice and understand is
Employee Signatue
1.1
Date
page 2
Discipinarl Charge Sheet
Routing:
Signature oTSuWvsor who issued Naming
Department Head
Union RepresentaM e
Human Resources Director
Crty Manager
Additional Comments
cc: personnel File
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