Guidelines For Discipline

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PURPOSE AND INTENT
Purpose of guidelines for discipline is to assist

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in deciding when and how to impose discipline.

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PURPOSE AND INTENT
It establishes---------------------- which should be met in order to properly impose discipline.

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procedural requirements

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NON-DISCIPLINARY ACTIONS
The purpose of non-disciplinary action is to ------------------------------------ and to help correct the problem before it becomes significant and/or to advise the employee of expected behavior.

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inform the employee of a potential problem which may result in discipline if it continues;

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DISCIPLINARY ACTION
Progressive Discipline
After the non-disciplinary approach is used or in some initial instances of misconduct or poor performance, the manager must

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impose discipline.

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DISCIPLINARY ACTION
The formal disciplinary steps from least to most severe are:

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Written Reprimand
Suspension
Salary Step Reduction*
Bonus Removal Reduction
Discharge

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DISCIPLINARY ACTION
A manager may offer a step reduction approximately equivalent to the number of days of the suspension When?

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n situations where the appropriate level of discipline is a 10 day or greater suspension

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Non-Progressive Discipline
There are some acts of misconduct, which by their nature, are not appropriate for progressive discipline. These are conduct problems which the employee

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should have reasonably known to be unacceptable, without specific notice from the Department, or which are generally socially unacceptable. EX. fraternization, drug usage, dishonesty, violent behavior, insubordinate behavior, or illegal behavior

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UNACCEPTABLE OFF-THE-JOB CONDUCT
Where an employee's off-the-job conduct is related to and impacts -------------------- discipline up to and including discharge may be warranted.

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the Department's operation or the employee's ability to perform competently,

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UNACCEPTABLE OFF-THE-JOB CONDUCT
Off-the-job conduct may also be subject to discipline when it is deleterious to the Civil Service system or County government for example,

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cheats in a Civil Service examination or falsifies Civil Service examination applications

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UNACCEPTABLE ON-THE-JOB BEHAVIOR
Does not --------- which could result in discipline

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meet stated or implied standards of performance

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DECISION TO DISCIPLINE
The imposition of the proper discipline stems from a determination of

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facts, how the facts reflect employees misconduct, significance of misconduct, and appropriate discipline.

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DECISION TO DISCIPLINE
Misconduct may result from violations of

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Civil Service Rules, Departmental policies, federal law, state law and local ordinances.

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DECISION TO DISCIPLINE
Judgment of whether discipline is appropriate should be based upon several factors such as

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Seriousness of the offense; the impact, potential/actual
length of service and overall performance
attitude and culpability
Previous discipline/the length of time since imposed.

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
PDSA is

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alternative to full investigation
employee acknowledges error
wants to conclude promptly
not a serious violation

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
Cases not suitable are

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would require executive force review, case review (a suspension of 16 days or more, discharge or demotion), removal from a Bonus position, and/or violations of the Policy of Equality.

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
Who must agree to a PDSA settlement?

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Unit commander, commander, chief and employee.

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
The employee must accept responsibility for misconduct by

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writing a responsibility memo or
admitting on audio tape
(unit commander should advise employee to consult with rep)

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
The unit commander must get concurrence of the proposed settlement from who?

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Unit commander of IAB.

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
The ultimate decision on the determination of discipline rests with

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department executives but will consult with OIR.

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
PDSA must include an offer of

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Education-Based Discipline (EBD) which follows the EBD guidelines.

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
After determining the preliminary findings of a “founded” administrative investigation (not involving a “Policy of Equality” violation), the unit commander shall

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personally meet with the subject employee for a Respect-Based Discipline (RBD) briefing session.

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PRE-DISPOSITION SETTLEMENT AGREEMENTS
PDSA cannot involve a violation of

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POE.

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APPROPRIATE DISCIPLINE
Written reprimand
suspension

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lowest level
no more than 30 days (except 18.01) can't be used w/reduction

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APPROPRIATE DISCIPLINE
Bonus Removal * requires
Must proceed in accordance with the Protective Survey Procedural Guidelines.

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substandard performance in position for 3 months and counseling re: performance
in relation to seriousness of offense

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APPROPRIATE DISCIPLINE
Reduction-A reduction is a lowering of an employee's rank, reduction and demotion are

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synonymous.

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APPROPRIATE DISCIPLINE
Discharges occur when prior discipline has not corrected the employee's unacceptable behavior or

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performance, or in circumstances where the misconduct has rendered the individual immediately unsuitable for further employment or where it can be demonstrated that a lesser disciplinary action will not correct the employee's conduct.

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DETERMINING DISCIPLINE WHEN MULTIPLE VIOLATIONS OCCUR
If the additional violations only amount to “lesser included offenses” they should

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not be used in the final disposition. Separate and distinct violations should.

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DETERMINING DISCIPLINE WHEN MULTIPLE VIOLATIONS OCCUR
Multiple acts of misconduct may result in

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discharge even though the “standard range” of discipline for the individual acts does not include discharge. In such cases, managers should consider the totality of the circumstances when making their decisions.

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DISCIPLINE FOR SUPERVISORS OR MANAGERS
A supervisor or manager may be reduced in rank for any misconduct which relates to-------------------, even though the “standard discipline” calls for ------------

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supervisorial or managerial responsibilities, a suspension.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
The purpose of discipline is to work to ensure effective operations through employees

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compliance with acceptable rules of conduct and performance.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
The Mission of EBD is to develop an individualized remedial plan with the involvement of the employee, that emphasizes

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education, training, and other creative interventions thereby promoting a more comprehensive and successful outcome.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
EBD is an option to

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disciplinary suspensions.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
If an employee accepts EBD, he/she must complete all conditions of the EBD Agreement within the specified time period, or

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will be required to serve the full suspension and loss of pay.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
While each employee can design and request his/her own EBD plan, who has final say on plan?

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the unit commander makes the final decision as to the employee’s EBD plan.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
The ultimate decision on the determination of discipline rests with

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Departmental executives.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
The Department has agreed to consult with the Office of Independent Review (OIR) before committing to a disciplinary determination. Therefore, while formulating both

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the traditional disciplinary determination and the EBD proposal, the unit commander should consult with the OIR.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
EBD should be offered to all discipline cases except for

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progressive discipline (possible)
reduction
discharge.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
The decision not to offer EBD to an employee shall be made with the approval of

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the appropriate division chief.

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EDUCATION-BASED DISCIPLINE AS AN OPTION

What is the mandated EBD class for all participants?

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L.I.F.E. class. (Lieutenants Interactive Forum for Education)

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EDUCATION-BASED DISCIPLINE AS AN OPTION
Each suspension day requires the completion of at least one EBD credit. Each four hours of EBD training equals

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one credit.

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EDUCATION-BASED DISCIPLINE AS AN OPTION
The EBD Proposal will include that the--------- actively participate in his/her EBD plan described in the EBD Agreement.

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employee,

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EDUCATION-BASED DISCIPLINE AS AN OPTION
The employee’s agreement to voluntarily participate in EBD will not prevent the suspension days from being reflected on

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the Personnel Performance Index (PPI).

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EBD for Alcohol Related Incidents
All employees committing alcohol related offenses will have an initial assessment by

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the Employee Support Services Bureau (ESSB) in order to participate in EBD.

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Court Mandated Classes/Programs
Who will evaluate an employee’s court mandated classes/programs and assign an EBD credit from zero credits to three credits?

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ESSB

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Court Mandated Classes/Programs
Treatment programs identified by ESSB will be conducted in an what type of capacity?

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off-duty status by the employee.

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EBD for Domestic Violence Related Incidents
All employees committing domestic violence related offenses will have an initial assessment by the --------------in order to participate in EBD.

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Employee Support Services Bureau (ESSB)

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Court Mandated Classes/Programs
Employees involved in --------------- related offenses will not receive EBD credit for their court mandated classes/programs.

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domestic violence

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ESSB Mandated Classes/Programs
All classes/programs that ESSB identified as part of a “treatment program” will be conducted on or off duty?
However, any class that appears on the Primary Course Listing will be conducted in an on-duty capacity.

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conducted off-duty.

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EBD Offer to Employee by Unit Commander
The unit commander can offer EBD to an employee in addition to what other classes?

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court mandated classes/programs and ESSB treatment programs. Independent study may also be offered to an employee as part of EBD.