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HomeMy WebLinkAbout300-47POLICY & PROCEDURE Subject: Discipline Index: Human Resources & Risk Management Number: 300-47 Effective Date: 7/16/2021 Supersedes: 3/1/97 Page: 1 of 5 Staff Contact: Ellen Bradley-Mak Approved By: 1.0 PURPOSE: The purpose of discipline is to improve the performance, efficiency, and morale of City employees by establishing a process that strives to retain productive employees and create a committed and responsible workforce. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions except employees under the Civil Service Commission. 3.0 REFERENCES: Policy & Procedure 100-07: Code of Ethics Policy & Procedure 250-16: Electronic Data Security Policy & Procedure 300-02: Weapons Free Workplace Policy & Procedure 300-04: Paid and Protected Leave Policy & Procedure 300-16: Probationary Period and Evaluation Procedures Policy & Procedure 300-46: At-Will Employment Policy & Procedure 300-51: Reporting Improper Governmental Actions (Whistleblower) Policy & Procedure 300-62: Drug and Alcohol Testing Program for Drivers of Commercial Motor Vehicles Policy & Procedure 300-66: Global Positioning Systems (GPS) in City Vehicles Policy & Procedure 340-02: Unlawful Discrimination, Harassment and Retaliation Policy & Procedure 700-08: Driver Eligibility Policy & Procedure 700-20: Violence Free Workplace Policy & Procedure 700-15: Seat Belt Use Policy & Procedure 700-12: Personal Protective Equipment Labor Contracts Police Civil Service Rules 300-47 Discipline p. 2 4.0 POLICY: It is the policy of the City of Renton to provide City employees with fair, appropriate, timely, progressive, and effective discipline to improve and prevent a recurrence of unfavorable behavior and performance issues. 5.0 DEFINITIONS: 5.1 Disciplinary Action: Employer actions designed to correct the conduct or performance of employees who fail to meet established and/or reasonably understood standards, and, in the case of the continued or habitual employee who fails to correct their conduct or performance, to dismiss them from the workforce. 5.2 Progressive Discipline: Because discipline is intended to be corrective rather than punitive, progressive discipline generally will be applied and will entail a series of increasingly severe penalties for repeated offenses. The level of disciplinary action depends on the severity of the misconduct and/or failure in performance involved. Although progressive discipline is often applied, there are circumstances that warrant immediate termination. 5.3 At Will Employee: Those employees who are in their probationary period or as outlined in Policy 300-46. 6.0 PROCEDURES: 6.1 Cause for Discipline. Specific grounds for discipline include, but ARE NOT limited to, the following: • Failure to meet work performance standards, negligence or dereliction of duty; • Insubordination; Discourteous, unprofessional and disrespectful behavior towards the public or a fellow employee, any action of omission or commission harmful to City interests; • Illegal conduct; • Unapproved absenteeism; • Drunkenness; reporting to work or acting in an official capacity under the influence, the use, or possession, during working hours of alcoholic beverages, narcotics, habit-forming drugs or other substances which might impair mental or physical fitness; • Conviction for any felony crime, or for a misdemeanor involving moral turpitude where there is a nexus to the job; • Fraud, falsification of reports or records or dishonesty; • Willful or intentional violation of any City policies, municipal code or department rules; lawful and/or reasonable regulation; 300-47 Discipline p. 3 • Possession of explosives, firearms, weapons of any type or hazardous substances while on the job or City property in violation of the City’s Weapons-Free Workplace Policy; • Misuse or abuse of public property, waste of public supplies, or misuse of public funds; • Failure to hold and maintain required licenses, certifications or endorsements; • Violation of the City’s Unlawful Discrimination, Harassment and Retaliation Policy; • On-going conduct harmful to efficiency or morale. 6.2 Progressive Discipline Procedures. The following steps are what the city recognizes as progressive discipline. Please note, the supervisor reserves the right to skip any steps due to the severity of the occurrence. The Human Resources & Risk Management (HRRM) Administrator, or their designee, must be consulted prior to taking any of the below steps. 6.2.1 Oral Reprimand A formal discussion between the employee and the supervisor administered when an employee commits an infraction minor in nature. The supervisor is expected to clearly describe expectations and steps the employee must take to improve performance or resolve the problem. This conversation is noted and retained by the supervisor for one year if no other oral reprimands of any type occur. 6.2.2 Written Reprimand A documented formal notification administered when an oral reprimand has not resolved a problem or when an infraction is of a serious nature. A written reprimand is an outline of the performance or conduct issue as well as the consequences for failure to make immediate and sustained change. This reprimand is filed in the employee's personnel file and retained for two years if no other written reprimands of any type occur. Removal after two years is at the request of the employee and approval of the HRRM Administrator. 6.2.3 Disciplinary Suspension without Pay If the actions of the employee are severe and/or endanger themselves or others, the employee will be suspended without pay. The employee may not use paid leave in lieu of the unpaid suspension, unless specifically directed by the Employer. This step is used as a last measure in lieu of termination. 6.2.4 Demotion A demotion to a lower-level classification may be appropriate where it has been demonstrated that the employee has not been able to perform at their current 300-47 Discipline p. 4 classification level or has otherwise engaged in conduct such that demotion is an appropriate step in the disciplinary process. 6.2.5 Termination The most severe action taken when all other efforts of corrective action have failed, or in the case of a very serious infraction or insubordination. The Mayor and the Chief Administrative Officer must be notified prior to any termination actions. 6.2.6 Performance Improvement Plan (PIP) A PIP may be used when an employee is repeatedly in violation of policies and procedures or they have demonstrated incompetence in performing the essential functions of their position. The PIP allows the employee a period of time (2-12 months) to improve their work product and/or prove their ability to abide by City policies and procedures. If the employee fails to meet the expectations outlined in their PIP, at any point, they will be terminated. 6.3 Loudermill Procedures. Employees who are not “at-will”, including non- probationary employees covered by Civil Service rules and/or a collective bargaining agreement, have a property interest in their employment and are entitled to a Loudermill hearing prior to a suspension without pay, demotion or termination. Where appropriate and effective considering the offense, it is desirable, but not mandatory, that employee discipline be corrective and progressive. Disciplinary actions directly affected are termination, reductions, and suspensions. Warnings, reprimands, PIP’s and performance evaluations are not subject to the Loudermill procedures. The Loudermill procedures generally will include the following: 6.3.1. Employees will be given prior written notice by their employing department before any serious disciplinary measures are taken against them, i.e., termination, suspension, demotion, or reduction in pay. 6.3.2. Employees must have access to materials, if any, supporting the proposed action unless the circumstances warrant otherwise and, if practicable, they should be supplied with a copy of such material. 6.3.3. Prior to the proposed disciplinary action, employees have the right to respond either orally or in writing (at the employee's discretion) regarding the proposed disciplinary action. 6.3.4. On a case-by-case basis, an employee may be removed from the work place and put on paid administrative leave prior to completion of every step in the procedure if a supervisor believes a removal of an employee from the workplace is in the best interests of the City. The supervisor should carefully document the reasons for such a decision. Such documentation should indicate, 300-47 Discipline p. 5 for example, that the employee's continued presence at the work site could have detrimental consequences or cause public harm. In such instances, the HRRM Administrator shall be contacted as soon as possible. Additionally, an unpaid administrative leave may be approved by the HRRM Administrator for an “at- will” employee, or an employee charged with a felony pending the outcome of the investigation. 6.3.5. Management, in conjunction with HRRM, must set the time for the Loudermill hearing and allow the employee a reasonable period of time for review of the matter. In cases involving lengthy specifications, supporting materials and related documents, several workdays may be appropriate. When establishing a response deadline, management should be guided by the complexity of issues involved, the volume of the documented materials, and good judgment. 6.3.6. All terminations must be reviewed by the Department Administrator and HRRM Administrator (with appeal to the Mayor for non-represented employees). 6.3.7. If an employee is suspended pending investigation, and the investigation reveals additional information which may result in the employee's reduction, demotion or termination, the employee is entitled to receive copies of this material. The employee may also be granted additional time to respond to the new information if necessary. 6.3.8. Any written notice indicating intent to terminate must be reviewed by the HRRM Administrator.