[HISTORY: Adopted by the Town Board of the
Town of Albion 10-20-2008 by L.L. No. 5-2008. Amendments noted where
applicable.]
The Town of Albion endorses the policy of progressive
discipline. Normal steps in this process are oral warning, written
warning, suspension from duty, and finally discharge. The policy of
progressive discipline does not necessarily apply for a number of
the more-serious violations or offenses, where immediate discharge,
in line with due process, may be required.
A.
A basic principle underlying progressive disciplinary
procedures is that the supervisor must have just cause for imposing
the discipline. "Just cause" means that the supervisor has the right
to discipline when an employee does not comply with rules or performance
standards. This excludes disciplinary action for more whim or caprice.
This standard is used in judging whether the supervisor acted fairly
in enforcing rules and regulations. The following questions should
be answered when contemplating a disciplinary action:
(1)
Was the rule or order reasonably related to the efficient
and safe operation of Town government?
(a)
What was the rule intended to accomplish?
(b)
If the rule was observed as written, would the
purpose be realized?
(c)
Was the rule realistic? Easy to understand?
(d)
Was the rule out-of-date?
(e)
Can the rule, as written, be complied with under
the present circumstances?
(f)
Are the penalties too light? Too severe?
(g)
Do the people operating under the rule consider
the penalties as being just?
(h)
Are the penalties being enforced? If enforcement
has been lax in the past, management shouldn't reverse its course
and begin to crack down without first warning employees of its intent.
(i)
Do all the people affected by the rule know
the rule?
(j)
Was it brought to their attention periodically?
(k)
As far as practical, do all people affected
know the "why" of the rule?
(l)
Was the rule affecting groups that do not need
it?
(m)
Should the rule be extended to cover groups
not now affected by it?
(n)
Were certain groups allowed to violate the rule
without incurring the penalties?
(2)
Was the employee adequately warned of the consequences
of his/her conduct? The warning may be given orally or in printed
form. An exception may be made for certain conduct, such as insubordination,
drinking on the job, stealing, or using Town property, or other actions
so serious that the employee is expected to know it will be punishable.
(3)
Did management investigate before administering the
discipline? An investigation should be made before the decision to
discipline is made.
(4)
Was the investigation fair and objective? Witnesses
should be interviewed, their statements recorded and a careful investigation
made to see that both sides of the story are available and fairly
presented.
(5)
Did the investigation produce substantial evidence
of the infraction? It is not required that the evidence be preponderant,
conclusive, or "beyond reasonable doubt," except where the alleged
misconduct is of such criminal or reprehensive nature as to stigmatize
the employee and seriously impair his/her chances for future employment.
(6)
Are there mitigating or aggravating circumstances?
Mitigating circumstances (for example, refusal to obey an order because
the employee had received contrary orders from another supervisor)
justify a lesser penalty. Aggravating circumstances (for example,
prior violations of the same rule) justify a more-severe penalty.
Some points to review when determining mitigating or aggravating circumstances
include:
(a)
Prior conduct record. This refers to any formal
disciplinary reprimands or suspensions. Penalties generally become
more severe for each instance of misconduct.
(b)
Length of service.
(c)
Period of time since last penalty. A long period
of good conduct following previous disciplinary action should be considered,
since it represents the aim of corrective discipline. Disciplinary
action that occurred more than two to three years previous generally
is of little value determining the current level of discipline.
(7)
In contemplating the dismissal of an employee you,
might want to ask yourself these questions:
(a)
Does the employee have the skills required for
the job?
(b)
Is it possible that the content of his/her job
has changed since originally hired?
(c)
Is his/her attitude towards the job so negative
that it is not only affecting his/her performance but also that of
other individuals in the group?
(d)
Have you attempted to motivate him/her to improve
performance by setting mutually acceptable work objectives, observing
the worker's progress, and conducting performance evaluations over
short intervals?
B.
After considering the above seven questions, the supervisor
should have an indication of the seriousness of the problem and what
sort of disciplinary action would be proper.
The probationary period for original appointees
is generally 180 days. The minimum probationary period is eight weeks.
Civil service rules require that probationary employees be advised
from time to time of their status. Termination may be made for any
rational reason, including doubts about the employee's capabilities.
A termination notice (see Hiring Policy) must be in writing and must
be given at least one week prior to the termination.
A.
"Interrogation" means the questioning of an employee
who, at the time of such questioning, appears to be a likely subject
for disciplinary action. Interrogation must be done privately under
the following guidelines:
(1)
No employee who is represented by a union shall be
required to submit to an interrogation unless the employee is notified
in advance of his/her right to have representation present.
(2)
An employee shall not be coerced, intimidated or suffer
any reprisals, either directly or indirectly, as a result of exercising
his/her right to representation.
B.
The employee's statement should be carefully recorded
in writing, with a copy provided to the employee and attached to any
disciplinary action that may result from the situation being investigated.
A.
General.
(1)
Employees have a right to know what is expected of
them. It is the responsibility of the department head, officer or
official to communicate the Town's requirements and expectations to
the employee and to help the employee in meeting these standards.
When disciplinary action is required, such action should be taken
on a progressive basis and should be designed to rehabilitate rather
than punish the employee involved. In most cases, informal action
should be attempted before initiating formal disciplinary action.
(2)
An investigation should be conducted before the decision
to discipline is made. Witnesses should be interviewed and their statements
recorded and carefully considered to ensure that the proposed action
is appropriate.
B.
Informal disciplinary process.
(1)
Verbal counseling. Verbal counseling is the first
step in a disciplinary process and should take place privately. The
supervisor should review the applicable rule or standard with the
employee so she/he knows what's expected. A time frame for compliance
should be established, and the consequences of failure to comply should
be explained. Immediately following the meeting, the supervisor should
summarize the counseling in writing and save it for future reference.
(2)
Counseling memorandum. Counseling memorandum is the
second step in a disciplinary process and should take place privately.
The employee must be notified of the right to union representation
(when the employee is represented by a union). The supervisor should
review the applicable rule or standard with the employee so she/he
knows what's expected. A time frame for compliance should be established,
and the consequences of failure to comply should be explained. Immediately
following the meeting, the supervisor must summarize the counseling
in writing. The employee must sign the counseling memorandum to acknowledge
that he/she has read it. Copies must be given to the employee and
placed in the employee's personnel file.
C.
Formal disciplinary process.
(1)
Warnings. In the case of a persistent personnel problem
or a serious infraction, a written warning (reprimand) may be necessary.
This warning is a formal, written censure that is placed in the employee's
personnel folder. A written warning should be administered in writing
at a private meeting between the employee, the union steward (when
the employee is represented by a union), the supervisor, and the next
immediate supervisor. The warning should include the reason for the
warning, what corrective action needs to be taken, and what will happen
if the problem is not resolved. The employee must sign the warning
to acknowledge that he/she has read it. A copy must be given to the
employee, sent to the union president and the Town Supervisor and
placed in the employee's personnel file.
(2)
Suspension and/or termination.
(a)
Suspension and/or termination may be required
if an employee repeats an action for which a written warning has been
issued or commits a major offense. These include but are not limited
to:
[1]
Failure to perform his//her job.
[2]
Destruction or theft of property.
[3]
Insubordination.
[4]
Committing unlawful acts.
[5]
Using abusive language or threatening language.
[6]
Appearing on duty in a drunken or drugged condition.
[7]
Engaging in discriminatory employment practices.
[8]
Other acts of misconduct that impact adversely
upon the operation of the Town.
(b)
Except in emergencies, proposed penalties should
be reviewed with the Attorney for the Town and the Town Supervisor.
A suspension and/or termination should be administered in writing
at a private meeting between the employee, the union steward (when
the employee is represented by a union), and the department head or
Town Supervisor. The notice should state the reason for the suspension
and/or termination. The employee must sign the notice of suspension/termination
to acknowledge that he/she has read it. Copies must be given to the
employee and sent to the union president and the Town Supervisor and
placed in the employee's personnel file.
