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HomeMy WebLinkAbout0802 Disciplinary Procedure115 802 Disciplinary Procedure It is the policy of the City of Grapevine that 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. .01 Communicate to the employee the job requirements. (1) Make sure the employee knows what is expected. (2) Provide the employee with any departmental policies or procedures. (3) Discuss with an employee any unsatisfactory behavior, violation of rules or regulations, or poor job performance immediately. (4) Do not overreact to incidents; investigate thoroughly; any discipline should be fair and equal to the act. .02 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. .03 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 copy placed in the Human Resources file. .04 Denial or delay of step or merit pay increase or probation may be warranted by unsatisfactory job performance or misconduct. If an employee is placed on probation as a result of performance concerns or disciplinary action, they may be placed on a Performance Improvement Plan (PIP) to monitor progress throughout the probationary period. Performance or disciplinary probation may change the employee’s anniversary date and delay any associated raise until the end of the probationary period. The new anniversary date will remain in effect until the employee is promoted or placed on probation again in the future. .05 Suspension, administrative or disciplinary 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 either upheld, modified, or denied by the Department Head. Appeal rights are forfeited if the employee is not in attendance at the hearing. (1) The employee will be given written notice not less than twenty-four hours prior to a disciplinary hearing. (2) The written notice will include the charges against the employee and an 116 explanation of the employer's evidence. (3) The employee may be placed on administrative leave with pay until the hearing date. (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. (5) The employee may choose to have representation at his expense at the hearing. (6) The proceedings will be recorded and a transcript made for the file or future review. (7) Human Resources Department shall ensure that all steps are followed and an unbiased hearing is conducted. (8) The appropriate Department Head shall preside over the hearing and render a written verdict within three business days from the date of the hearing. (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. (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 paid as though he worked as scheduled for this time at a straight time rate in accordance with the Overtime Policy pertaining to administrative leave with pay (Policy 406). Appeal to City Manager (11) 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 cannot appeal the hearing to the City Manager’s Office if the employee did not attend the Department hearing. (12) Request for an appeal hearing must be made in writing and presented to the Human Resources Department within 5 business days from the date that the employee is notified of the decision. (13) 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. (14) 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. (15) The employee will be given written notice not less than 72 hours prior to the appeal hearing as to the date, time and place. (16) The City Manager or their designee shall conduct the appeals hearing. (17) The employee has the right to have counsel present at his own expense to 117 examine the evidence, present witnesses and facts, address the charges, and to cross examine witnesses presented by the City. (18) 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. (19) If the employee was placed on administrative leave without pay and the recommendation for disciplinary suspension or termination is overturned at the appeal hearing, the employee will be paid as though he worked as scheduled for this time at a straight time rate in accordance with the Overtime Policy pertaining to administrative leave with pay (Policy 406). (20) The City Manager or designee shall render a written verdict within three business days from the date of the appeal hearing. Revised 02/24/2014 Revised 06/16/2021