Loading...
HomeMy WebLinkAboutC03.0 Disciplinary Action CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: DISCIPLINARY ACTION SECTION. C NUMBER: 3.0 PREPARED BY: Human Resources REVISED DATE: 02/01/2014 PAGE: 1 of 4 PURPOSE 3.1 The purpose of the Disciplinary Procedure policy is to ensure that the City of Grapevine department heads have the responsibility and authority to instruct, correct, and discipline any employee who does not act in accordance with established rules and regulations or provides unsatisfactory work performance. In order to assure a more uniform and orderly procedure for the administration of discipline, the following guidelines should be used. POLICY 3.2 COMMUNICATING JOB REQUIREMENTS TO THE EMPLOYEE 3.2.1 Make sure the employee knows what is expected. o Provide the employee with any departmental policies or procedures. o Discuss with an employee any unsatisfactory behavior,violation of rules or regulations, or poor job performance immediately. o Do not overreact to incidents; investigate thoroughly; any discipline should be fair and equal to the act. 3.2.2 Verbal reprimands should be reduced to writing by the supervisor as to time, date, place, specific occurrence, persons present or witness to actions, and signed by the employee for department files. 3.2.3 Written reprimands should outline the nature of the problem, which rule was violated, explanation of what will happen if the behavior continues, signed by the employee, signed by the supervisor, and a copy placed in the Human Resources file. 3.2.4 Denial or delay of step or merit pay increase or probation may be warranted by unsatisfactory job performance or misconduct. CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: DISCIPLINARY ACTION SECTION. C NUMBER: 3.0 PREPARED BY: Human Resources REVISED DATE: 02/01/2014 PAGE: 2 of 4 3.2.5 Suspension, involuntary demotion, termination or any action that reduces an employee's pay requires that the following guidelines be met (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees). All regular full-time and regular part-time employees who are not serving their initial probationary period with the City will be given a disciplinary hearing in which the supervisor's recommendation is upheld, modified, or denied by the department head. 3.3 Appeal rights are forfeited if the employee is not in attendance at the hearing. 3.3.1 The employee will be given written notice not less than twenty-four hours prior to a disciplinary hearing. 3.3.2 The written notice will include the charges against the employee and an explanation of the employer's evidence. 3.3.3 The employee may be placed on administrative leave with pay until the hearing date. However, when the reason the employee is placed on administrative leave is associated with drug and/or alcohol testing under Human Resources Manual policy 907 Drug and Alcohol policy, the employee will be placed in a leave without pay status as outlined in that policy. 3.3.4 The employee has the right to present his side of the story, call any witnesses, present evidence, and cross-examination of witnesses presented by the City during the hearing. 3.3.5 The employee may choose to have representation at his expense at the hearing. 3.3.6 The proceedings will be recorded and a transcript made for the file or future review. 3.3.7 Human Resources Department shall ensure that all steps are followed and an unbiased hearing is conducted. 3.3.8 The appropriate department head shall preside over the hearing and render a CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: DISCIPLINARY ACTION SECTION. C NUMBER: 3.0 PREPARED BY: Human Resources REVISED DATE: 02/01/2014 PAGE: 3 of 4 written verdict within 72 hours or three working days from the date of the hearing. 3.3.9 The department head is not confined to the disciplinary action recommended by the supervisor but should apply fair and equitable discipline that is warranted by the employee's misconduct or violation if substantiated. 3.3.10 If the employee was placed on administrative leave without pay and the recommendation for disciplinary suspension or termination is overturned by the department head, the employee will be given back wages as though he worked as originally scheduled. 3.4 APPEAL TO CITY MANAGER 3.4.1 If the recommendation of the Department hearing is suspension without pay or termination, the employee has the right to appeal the findings and action to the City Manager's Office. However, the employee can not appeal the hearing to the City Manager's Office if the employee did not attend the Department hearing. 3.4.2 Request for an appeal hearing must be made in writing and presented to the Human Resources Department within 5 working days from the date that the decision is postmarked to the last known address in the employee's Human Resources file. 3.4.3 Failure to request appeal within the allotted time frame forfeits that right and the action to be taken against the employee shall be initiated at the conclusion of the department level hearing. 3.4.4 In the event the employee requests an appeal, the employee shall remain in the same pay status they were placed in prior to the initial hearing and shall remain there until a final determination is made. 3.4.5 The employee will be given written notice not less than 72 hours prior to the appeal hearing as to the date, time and place, either in person or by return receipt letter to last known address in employee's Human Resources file. 3.4.6 The City Manager or his/her designee shall conduct the appeals hearing. CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: DISCIPLINARY ACTION SECTION. C NUMBER: 3.0 PREPARED BY: Human Resources REVISED DATE: 02/01/2014 PAGE: 4 of 4 3.4.7 The employee has the right to have counsel present at his own expense to examine the evidence, present witnesses and facts, address the charges, and to cross examine witnesses presented by the City. 3.4.8 The City Manager or designee is not confined to the disciplinary action recommended by the department head but should apply fair and equitable discipline that is warranted by the employee's misconduct or violation if substantiated. 3.4.9 If the employee was placed on administrative leave without pay and the recommendation for disciplinary suspension or termination is overturned atthe appeal hearing, the employee will be given back wages as though he worked as originally scheduled. 3.4.10 The City Manager or designee shall render a written verdict within 72 hours or three working days from the date of the appeal hearing.