Positive Discipline Manual PDF

**Positive Discipline Manual** - Designed to solve the types of problems that have a detrimental effect on the department - Safety, honesty, and espirit de corps - Focus is on communication and expectation of **change** and **improvement** - Actual focus is to minimize punish...

**Positive Discipline Manual** - Designed to solve the types of problems that have a detrimental effect on the department - Safety, honesty, and espirit de corps - Focus is on communication and expectation of **change** and **improvement** - Actual focus is to minimize punishment to correct a problem and treat individuals as responsible adults **[Recognizing Good Employees]** - LVFD SOP 167 exceptional Performance - Most important aspect of job satisfaction is recognition - Reward employee who has done something "above and beyond the call of duty" - Reward an employee who has performed competently and diligently over a significant period of time - Avenues for recognition - FD "employee of the month" - City "employee of the month" - City Willie W. Davis "employee of the Year" - Peers Cheers and Sterling Light **[Theory of positive discipline]** - Employees contribute to the informal resolution by: - Taking responsibility for the elimination of problems - Acknowledging that not taking responsibility may result in discipline - theory is that when supervisors and employees work together, most problems can be resolved **[Two step process ]** - informal - increase motivation and development - prevent problems from developing - ensure responsibility is not ignored - discover mutually acceptable solutions to problems that do arise - formal progressive disciplinary actions when - attempts to resolve a problem informally fail - an employee is not taking responsibility to correct problems - immediate serious problems that can\'t be dealt with informally [**Problem** **Occurs**]: when there is a difference between a management expectation and an employee's success in meeting that expectation - Conduct: is a mode or standard of personal behavior - Insubordination - Alcohol or controlled substances - Fighting - Threatening or striking another person - Dishonesty - Theft - Misconduct - Attendance: ability of a person to arrive at work at the start of their shift but also to be present at assigned locations throughout the shift - Tardiness - Absenteeism - Abandonment - Performance: a person's ability to do satisfactory and competent work - Appearance - Safety - Performance of duties **Informal Process** - Goal is to prevent problems from developing and to quickly eliminate problems that do arise **[Six strategies and techniques]** - Coaching - Training - Removal of Obstacles - Feedback - Consequences - Counseling - **Coaching**: informal, often spontaneous discussion designed to assist an employee in developing knowledge, skills and abilities - Two objectives - Help an employee who is seeking assistance - Help an employee recognize a problem exist - Should be initiated by either party as it appears that a problem exists - Supervisors **may** enter a training report - **Training:** Activities designed to provide employees with knowledge, skills and abilities required to do the job properly - usually takes place in a structured format with pre-established objectives - a training report should reflect the type of training that was provided - **Obstacles**: removing obstacles involves ensuring the employee has the time, tools, equipment and proper direction required to do the job - **Feedback**: the act of providing specific qualitative and or quantitative information about conduct, attendance or performance - **Consequences**: consists of ensuring it actually does make a difference both to the employee and the organization that a job is done and done correctly - **Counseling**: serious discussion between supervisor and employee designed to correct employee problems - Planned and has a specific purpose and is intended to result in a specific action - usually last of the informal techniques and closely resembles formal discipline - should be in private and end on a positive but serious note - Used when coaching has failed to resolve a problem - entered into EDRS for tracking, 2 copies are printed and signed - supervisors should express a confidence that the employee will improve **Formal Process** - Results from either a failure of the informal process to eliminate a problem, or as an immediate response to a serious problem that could not have been dealt with informally - Consist of: - Preparing and conducting an investigative interview - utilizing the decision-making process in regard to discipline - Preparing and conducting an administrative hearing, if applicable - preparing and conducting a disciplinary meeting - documentation - disciplinary actions should follow the offense as soon as reasonably possible and offenses must not be allowed to build up before action is taken **[Preparing for an investigative interview ]** - Gather information concerning the incident or violation - review information, training reports or documents - prepare an agenda outlining major points to be covered - provide employee notification of meeting location time and date - ensure employee has time to secure union representation **[Conducting an investigative interview:]** A formal meeting in which the supervisor an employee discussed the problem at hand - Supervisor identifies the problem and discusses facts and evidence gathered during information gathering face - Completes **section 1 of the LVFD disciplinary action form** - Employee is afforded the opportunity to provide an explanation - maybe given during the meeting, up to 48 hours later in writing or other mutually agreed upon time - **Should** be conducted by immediate supervisor **but may** be conducted by the Fire Chief or designee - Important points to remember for the meeting - Privacy - Listen: two-way conversation and not a lecture - Tone: the tone of the meeting should be neutral - Use the Golden rule: treat others as you would want to be treated - Feedback: actions or non-actions should be communicated within 15 days to the employee - **[Making a decision in response to discipline ]** - Level of discipline **should** be recommended by the immediate supervisor, unless implemented by the Fire Chief or designee - Questions to determine if discipline action is appropriate - is there sufficient evidence that they violated rule or procedure? - Can I demonstrate the employee understood a rule/policy was violated? - Can I demonstrate that the employee knew in advance that such behavior would be subject to disciplinary action? - Can I demonstrate that the rule valid was reasonably related to the safe, efficient, and orderly operation of the organization? - Can I demonstrate that the employee committed an intentional act or omission? - if any doubts, the supervisor should confer with the next level supervisor - **[Disciplinary algorithm ]** - Tool that assist in determining the appropriate level of discipline to apply on the first infractions - determines the degree of seriousness and impact upon the FD - When applied will lead to appropriate range of disciplinary actions - supervisors should select the lowest action necessary to compel the employees to take responsibility for eliminating the problem - designed to assist in reaching a reasonable recommendation based solely on the merits of the case at hand - final level will be covered by the program software - require supervisors to consider three very important factors - **Safety. Honesty. Negative impact on FD operations** - **Safety:** is of paramount importance, safety rules and policies must be closely monitored - One of the most serious considerations that must be addressed - Questions to ask - actions result in potential threat to the safety of other personnel or oneself - does employees absent result in potential threat to safety of personnel or operations - was there willful or intentional disregard for a safety rule or policy - **Honesty**: honesty and integrity are two of the most important characteristics of a public servant - questions to ask - does the infraction or explanation involve dishonesty or untrue statements? - is there sufficient evidence of dishonesty or witnesses - does infraction involve death with proof of involvement - do the facts for evidence support the employees explanation? - **Negative impact:** Relates to the department\'s inability to quickly recover from the cost or ramifications resulting from the employee's infraction - since the Department is publicly funded operations are constantly scrutinized and negative impact this counterproductive to the mission - questions to ask - did the actions have a negative impact on operations - Did actions cause the Department loss of time, money or serious liability exposure - does the action bring negative attention to the Department? - Algorithm matrix - determine if the infraction is minor or major - a minor infraction is usually not severe and is temporary in nature while major infractions are usually severe and long lasting **[Disciplinary action steps ]** - **Step 1** - written notice with a three-month active life span - **Step 2** - written notice with a 6-month active lifespan - **Step 3** - involves a suspension with a minimum of one shift up to maximum of one work week without pay - has a 12-month active lifespan - **Step 4**: most serious disciplinary action - involves a suspension of one shift with pay - 12-month active lifespan - time away from work allows the employee to decide if employment with the FD is in their best interest - any other formal discipline will result in termination hearings **[Disciplinary database entry ]** - After a decision is made an entry must be made and next level supervisor must be notified **[Role of the next level supervisor ]** - Review to confirm it conforms with positive discipline process and is consistent with previous decisions and similar circumstances - Problems with discipline occur when - insufficient evidence - procedures and legal requirements are overlooked - case is unable to withstand counterpoints from employee - actions proposed is not consistent with previous decisions and similar circumstances - action is unacceptable considering employees overall disciplinary history - After the review the supervisor shall confirm the disciplinary action - if an inconsistency arise a meeting will be held - A common question, are the three categories of problems (conduct, attendance, performance) strictly independent of each other **[Rules and concepts ]** - **Rule 1** - disciplinary actions have a lifespan - Counseling is 3 months - step 1 is 3 months - Step 2 is 6 months - Steps 3 and 4 are 12 months - **Rule 2** - Active life spans are subject to linking - **Rule 3** - the total number of active actions in any given step are listed below - when these limits are exceeded the action must move to the next step - Counseling: no more than 1 in each category - Step 1 no more than two total - Step 2 no more than two total - Step 3 no more than two total - Step 4 no more than one total **[Administrative hearing ]** - Will be scheduled for discipline when there may be greater than a step 2 - formal meeting with the Fire Chief or a designee - employee is able to explain, and the chief is able to ask questions - employee and the union will receive written notification of the hearing's location date and time - notification shall include specific actions in which discipline may be based and any corresponding policy or rule violation - employee and union representative will have a minimum of 7 calendar days from the notification to prepare for the hearing unless mutually agreed on another date and time - employee may respond in writing to the specified charges - response must be received by the Fire Chief or designee prior to the date and time of hearing - employee may appear in person and or be representative - following the hearing a decision for discipline will be made by the Fire Chief or designee - governed by the formal process - will be communicated to the employee within 15 days or other mutually agreed upon time - will be delivered by the Fire Chief or designee **[Disciplinary meeting ]** - Conducted by the immediate supervisor, Fire Chief or designee - inform employee of disciplinary action decision - Documented in section 2 of the LVFD disciplinary action form - the meaning is informational and should not lead to a debate - refer the employee to the grievance article of the collective bargaining agreement - Before the meeting - notify the employee of the right for representation - Section 2 must be filled out of the LVFD disciplinary action with the following - level of disciplinary action - date the database entry was made - date of administrative hearing, if any - effective dates of the disciplinary actions - suggested corrective action - During the meeting - explain the level of disciplinary action to be taken - state the specific problem in terms of desired versus actual conduct, attendance, or performance and the change that is expected - ask the employee to confirm their understanding - indicate confidence in the employee to perform properly - secure signature of employees and witnesses - after the meeting - distribute copies of LVFD disciplinary form - monitor the employee's performance **[Documentation ]** - All disciplinary actions **must** be documented - **Counseling sessions** are maintained solely within the FD disciplinary database - **Steps 1 -- 4** Actions are maintained within the FD disciplinary database - **Steps 2 -- 4** Are filed in the employee\'s human resource file **[Purging disciplinary actions ]** - may be purged from HR files when disciplinary actions are six months beyond their inactive date and a written request is submitted to the HR director - active life span of disciplinary action and purge dates are extended by any leave that exceeds 30 days, unless a written exception is obtained from the Fire Chief **[Termination]**: is not discipline - may result from a one-time serious event - most often results from a continuous failure to accept responsibility - considered **solely an administrative act** - Senior staff officer and a witness from the officer ranks deliver the termination notice in person - **Note**: Demotion may be considered in lieu of termination **Representation** - not required for coaching and counseling - Important component when meetings involve or may lead to formal discipline - Supervisor **shall** notify employee of the rights - if an employee would like representation an authorized union member must be contacted and the meeting may be delayed if none are available - supervisor should follow proper procedures - if an employee or union disagree with the action a grievance can be filed - The case is then reviewed by the grievance procedure - supervisors should not fail to take disciplinary action because of a possible grievance