781 Discipline.pdf

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 781 Discipline Effective Date: 7/12/2010 Revision Date: 9/1/2011, 4/14/2014 Statement of Policy Employees of the District are expected to perform their particular duties and conduct themselves in a manner that fosters the a...

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 781 Discipline Effective Date: 7/12/2010 Revision Date: 9/1/2011, 4/14/2014 Statement of Policy Employees of the District are expected to perform their particular duties and conduct themselves in a manner that fosters the achievement of the District's purpose. The conduct of each employee is expected to reflect a commitment to put forth his/her best efforts to manage his/her work time for maximum effectiveness and efficiency, and to perform to the best of his/her ability the duties and responsibilities of the position. In order to ensure that employee conduct and performance remain consistent with District standards and expectations, this Discipline Policy has been established. General Corrective actions are taken against employees for performance deficiencies or conduct, which is detrimental to the efficient and/or effective operation of the District. Corrective actions shall be taken as soon as possible, but not more than 10 working days from the date the Supervisor becomes aware of the misconduct. However, the Fire Chief, or his designee, upon written request of the appropriate Supervisor may grant an extension. All such requests must be submitted and approved within the 10 working days’ time period. These procedures separate employee actions, which may involve corrective measures into two categories and provide guidelines to follow in resolving each type of problem. The first category is performance problems. This section addresses problems, which are a result of deficiencies in an employee's quality or quantity of work output. The second category is conduct problems. This section addresses problems, which are a result of employee behavior, which is detrimental to the efficient and/or effective operation of the District. All written notification required by this policy shall be made on the Corrective Action Notice. Probationary Employees All District employees must successfully complete one initial probationary period, including any extension thereto, to achieve regular status. Once regular status is attained in any classification, it is attained at the District regardless of subsequent promotion, demotion, or reassignment, which has other probationary periods. An employee who has not attained regular status at the District may be disciplined at any time without the right to appeal such action through the Employee Grievance Procedure. Temporary and initial probationary employees may be suspended or dismissed for any conduct or performance deficiency without regard to the standards for corrective action provided to regular employees. Temporary and initial probationary employees who are suspended or dismissed must only be advised in writing of the reason for the action and the date. Page 101 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Criminal Charges An employee who is arrested, charged, or convicted of any crime shall report the arrest, charge, or conviction to his/her supervisor within five calendar days. The District may suspend, with or without pay, an employee who has been arrested or charged with a crime pending the outcome of the criminal proceedings. If an employee is suspended without pay pending the outcome of the criminal proceedings, and is found not guilty of all charges, or all charges are dismissed, the Employee shall be reinstated with full back pay. If adjudication on any criminal charge is withheld, the suspended employee shall not be entitled to reinstatement with full back pay, and the Fire Chief, or his designee, shall determine whether reinstatement is appropriate. The District may also take appropriate disciplinary action against an employee who has been arrested or charged with a crime, without regard to the outcome of the criminal proceedings, if it is determined that the Employee has violated the standards of conduct for District employees. Drivers License Suspension or Revocation Any district employee required to have a valid license as a condition of employment who has his or her license suspended or revoked for any reason shall immediately notify his or her supervisor. Failure to do so may subject an employee to dismissal. Immediately upon notification, the Employee's Supervisor, with the approval of the Fire Chief or his designee shall temporarily reassign, transfer, or demote the Employee to an available classification which does not require a license or, if such work is not available, shall suspend the Employee for up to 90 calendar days, during which time the Employee may use accrued annual and compensatory leave credits. If the Employee's license is reinstated or reissued for work at any time during the 90 calendar day period, then he or she shall return to his or her normally assigned duties. If an employee has not had his or her license reinstated or reissued for work within 90 calendar days from the date of license suspension/revocation, then his/ her employment status will be evaluated, including, but not limited to actions such as transfer, demotion, continued suspension, and dismissal. Emergency vehicles are one of the most important parts of our District. The safe operation of these vehicles, particularly during emergency response, depends greatly on the ability and skills of the driver. The District selects and utilizes only the best drivers. Selecting, training, and maintaining good, safe drivers should not be left to chance. The District minimizes any negative attributes and maximizes all of the good attributes of a driver by utilizing the following operations and methods. Motor Vehicle Reports (MVRs) Knowing our drivers on and off duty driving habits and records is an important tool in both selecting and maintaining the safest drivers for the District. Routine administrative reviews of all drivers’ MVRs, is the most effective way to know the specific driving habits of individual drivers. MVRs are reviewed every two years and are retained in each employees personnel file. The District requires employees to provide a copy of a valid driver’s license to be kept in their personnel Page 102 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook file. The Human Resource Division evaluates the MVRs and follows the Department of Motor Vehicles Transcript Evaluation Requirements. Evaluations Requirements Class A Violation: VFIS Insurance guidelines call for suspension of driving privileges for anyone convicted of a Class A violation for a period of 18 months. Additionally, any of these employees would be required to attend an approved driver-improvement program, or equivalent training, and be re-certified to operate emergency vehicles. Any employee with a Class A Violation within the past three years will be suspended from driving privileges for 18 months. Class B Violation: Any employee who has a combination of two Class B moving violation convictions and/or chargeable accidents in a three year period will be issued a warning letter from the Chief Officer or Human Resource Division. Any employee who has a combination of three moving violation convictions and/or chargeable accidents in a three year period will be issued a suspension of driving department vehicles for a period of 90 days by the Chief Officer or Human Resource Division. Any employee who has more than three moving violation convictions or three chargeable accidents or any combination of more than three of the formerly stated violations in a three year period will be issued a suspension of driving department vehicles for a period of one year. In addition, the same employee would be required to complete an approved driver improvement program and be re-certified to operate emergency vehicle, F.S. 401.281. Please Note* Unusual circumstances with individual cases would be evaluated on a one-on-one basis. Violations Designation of Type A and Type B violations are based on a survey of state point systems. Violations receiving higher numbers of points are classed as Type A. Type A Violations Driving while intoxicated Driving under the influence of drugs Negligent homicide arising out of the use of a motor vehicle (gross negligence) Operating during a period of suspension or revocation Using a motor vehicle for the commission of a felony Aggravated assault with a motor vehicle Operating a motor vehicle without owner's authority Permitting an unlicensed person to drive Page 103 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Reckless driving Hit and run driving Type B Violations All moving violations not listed as Type A violations (Exceeding posted speed limit is a Type B violations). Please Note* Unusual circumstances with individual cases would be evaluated on a one-to-one basis. Review and Appeal The Fire Chief, or his designee, shall review all written reports of corrective actions before being placed in the Employee's permanent personnel file. The Fire Chief, or his designee, must review all corrective actions for final determination, which involve demotion, suspension, or dismissal. Regular employees may appeal, through the Employee Grievance Procedure, any corrective action believed to be unwarranted. Performance Problem Guidelines When unsatisfactory performance adversely affects an employee's quality or quantity of work output, the Supervisor shall: Meet with the Employee to identify the problem and discuss and plan a solution. Document the specific performance problem on the Employees evaluation form, expected performance standards, and planned solution. The Employee shall acknowledge receipt by signing and dating the notice. In the event there is a disagreement between employee and supervisor over any items in the review, the Employee shall sign the review form to indicate he or she has received it, and may submit a written response to the reviewer. The original shall be placed in the Employee's permanent personnel file and a copy shall be provided to the Employee. If the Employee deems it appropriate, he/she may prepare an explanatory memorandum to be placed in the personnel file. Solutions which may be considered by the Supervisor are as follows: Additional training, education, or supervision as appropriate Reassignment of responsibilities, if available Compulsory Disability Leave (see Attendance and Leave Policy) Suspension (upon approval of the Fire Chief or his designee) One or more follow-up meetings should be scheduled to determine if the solution is effective. These meetings should be documented with a copy to the Employee and the Employee's personnel file. If, after receiving a reasonable opportunity to improve performance, it is determined that the Employee still fails to provide satisfactory performance, the authorized Supervisor may take the following action: Transfer or demotion (upon approval of the Fire Chief or his designee) to a more appropriate vacant position, or Page 104 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Suspension or dismissal (upon approval of the Fire Chief or his designee) Alcohol or Drug Dependency When an illness, including alcohol or drug dependency, or personal or family crisis interferes with satisfactory performance, the Supervisor should encourage the Employee to seek qualified medical assistance. Notwithstanding an employee's acceptance or refusal of professional assistance, all employees shall continue to be held responsible for satisfactory performance and conduct and shall be subject to additional corrective action if performance and conduct are unsatisfactory. Improved performance or additional corrective actions should be documented with a copy to the Employee and the Employee's personnel file. Conduct Problems Guidelines When an employee commits acts or omissions, which result in, violation of the established Acts of Misconduct defined below in this policy, or other behavior which is detrimental to the efficient and/or effective operation of the District, the Supervisor should apply the appropriate corrective action. Corrective Actions The types of corrective actions and the procedures, which should be followed under normal circumstances of Acts of Misconduct or other behavior problems, are: Documented Oral Reprimand - This is the least severe corrective action. Its purpose is to help an employee who behaves improperly to recognize the deficiency and take corrective measures. The Supervisor should meet with the Employee to discuss the nature of the improper behavior and the action necessary to correct the problem. The Employee should be advised that an oral reprimand is being issued and the date noted and that future similar behavior may result in more serious corrective action. Written Reprimand - The written reprimand is considered to be more severe than the oral reprimand. Its purpose is also to help an employee who behaves improperly to recognize the deficiency and take corrective measures. The written reprimand should be given to the Employee in a meeting. The Employee shall acknowledge receipt by signing and dating the form. If the Employee refuses to sign, the Supervisor shall so note on the form. The original shall be placed in the Employee's permanent personnel file a copy shall be provided to the Employee. If the Employee deems it appropriate, he/she may prepare an explanatory memorandum to be placed with the reprimand in the personnel file. Suspension - A suspension is the action taken to temporarily relieve an employee of duties and place him/her on leave without pay. Like written reprimands, this form should be completely filled out by the Supervisor or higher authority and should describe the specific incident prompting the corrective action. All suspensions required approval of the Fire Chief,or his designee, prior to becoming effective. After approval, the notice of suspension must be given to the Employee. The Employee shall acknowledge receipt by signing and dating the form. If the Employee refuses to sign, the Supervisor shall so note on the form. If the Employee deems it appropriate, he/she may prepare an Page 105 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook explanatory memorandum to be placed with the reprimand in the personnel file. Dismissal - Dismissal is the action taken against any employee to terminate his/her employment with the District. As it is the final and most severe form of corrective action, all actions to dismiss an employee must be investigated and reasonably substantiated prior to final action. When dismissal is contemplated the immediate Supervisor and Fire Chief, or his designee, should: Meet with any witnesses to the incident and question them as to their observations. Meet with the Employee to allow him/her to explain the circumstances surrounding the incident. If after investigating the incident the Fire Chief, or his designee, determines that it is appropriate to proceed with the dismissal, the Employee shall receive written notice of the proposed action at least three working days prior to the effective date of dismissal. The notice shall be signed by the Fire Chief and shall including the following: The specific charges or reasons for the action The date the dismissal will become effective A statement advising the Employee of his/her right to respond to the charges orally or in writing prior to the effective date of dismissal The Employee shall acknowledge receipt by signing and dating the notice. If the Employee refuses to sign, the Fire Chief, or his designee, shall so note on the notice. The original should be provided to the Employee and the Fire Chief, or his designee, should retain a copy. During the period between notice and the effective date of dismissal, the Employee shall be placed on leave without pay. If the Employee fails to provide a written statement or request an oral conference, or if the Fire Chief, or his designee, determines after the conference or written statement that he/she will precede with the dismissal of the Employee, the Fire Chief or his designee shall complete and sign a Personnel Action Form. The Personnel Action Form shall be placed in the Employee's permanent personnel file. The Fire Chief, or his designee, shall notify the Employee in writing by certified mail, return receipt requested, or his or her decision. The notice shall include a statement advising the Employee of his/her right to appeal the decision through the Employee Grievance Procedures. If the Fire Chief, or his designee, determines that dismissal is not appropriate, the Employee shall return to work and shall be compensated for any lost time, which exceeds any corrective action taken. Performance Problems and Acts of Misconduct The following forms of misconduct and failure to perform are unacceptable and will subject an employee to corrective action based on the particular circumstance surrounding the incident. The list is provided merely as examples and is not intended to be all-inclusive. The identification of these examples does not preclude the District's right to discipline or dismiss employees for other causes, including acts of misconduct which breach the requirements inherent in the employment relationship. Unbecoming Conduct Any action or conduct by an employee which impedes the District's efforts, brings discredit on the District, impairs the operation or efficiency of the District or any employee, or impairs the employee's ability to perform his/her job is considered conduct unbecoming. Page 106 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Failure to Perform An employee's failure to perform, either wholly or partially, a lawful duty or to neglect an assigned duty, instruction, or responsibility during working hours could result in corrective action to be taken. Insubordination The refusal to comply with a reasonable order or directive, either written or oral, which relates to the employee's job could result in corrective action to be taken. This includes both an expressed refusal to obey a proper order and failure to carry out a reasonable instruction or assignment could result in corrective action to be taken. Excessive Tardiness or Failure to Observe Established Work Times The repeated failure to be prompt in reporting to work at the beginning of the work schedule, leaving early, or returning late from lunch or rest breaks and/or leaving work early at the end of the work schedule, without prior approval, could result in corrective action to be taken. Unauthorized Use of District Property, Services, or Equipment by Personnel Employees shall be required to reimburse the District for the cost incurred by the District as a result of the unauthorized use of equipment or property, in addition to appropriate disciplinary action. Improper or Careless Use of District Property, including Vehicles Failure to care for the proper use of district property or equipment, such as the failure to observe the proper speed limit while driving a district vehicle, is considered careless or improper use of district property. Possession or use of Firearms, Explosives, or other Dangerous Weapons This applies to actions, which occur during working hours, on District property, or in a work situation. Lying or failure to Give Truthful or Requested Information Oral or written statements that are deliberately inaccurate, incorrect, or misleading but which do not constitute falsification of records, including lying or failure to provide information during an internal investigation is considered lying or failure to give truthful or requested information Possession/Consumption of Alcohol or Drugs or Drug Abuse See Drug-Free Workplace Policy. Page 107 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Sexual Harassment See Harassment and Discrimination Policy. Reprisal Any retaliatory action taken by a supervisor or an employee against another employee who has provided information regarding the misconduct of themselves or another employee or who has filed a complaint, grievance, or appeal is considered reprisal. Filing of a False Complaint or Grievance The filing of a false complaint or grievance with the knowledge that the information contained in the complaint or grievance is untrue. Leaving Work Station Without Authorization Absence from the work station or duty assignment without notice to the appropriate Supervisor or designee, or leaving work station for a lunch or rest period without proper relief when that station must continuously be staffed. Loafing Continued idleness during work periods, which result in the Employee's failure to perform, assigned tasks is considered loafing. This includes, but is not limited to, deliberately wasting time, engaging in idle talk or gossip, reading a newspaper or other non-work related material, or conducting personal business during work periods. Sleeping on Duty The failure to remain awake during work periods is considered sleeping on duty. Theft The unauthorized taking, actual or attempted, of any property while at work or in a work situation. Sabotage Committing or participating in an act of destruction or attempted destruction of district or employee property or equipment. Threatening or Abusive Language The use of language at work or in a work situation, which is threatening, profane, vulgar, obscene, or abusive is considered threatening or abusive language. Page 108 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Fighting/Assault A physical assault or fighting at work or as a result of a work situation, except when justified in the interest of self-defense, in order to prevent bodily harm. Violation or Disregard of Safety Practices The failure to follow established safety practices as outlined in the District's policies. This includes failure to report any injury or accident, the performance of unsafe acts, or the failure to wear or use appropriate safety equipment. Discrimination Discrimination in the recruitment, hiring, promotion, or continued employment of an individual on the basis of race, color, sex, age, handicap, religious creed, national origin, marital status, or political opinions or affiliations(s), in violation of Federal or State law. Negligence The failure to use ordinary or reasonable care, caution, attention, diligence, or discretion in the performance of assigned duties and responsibilities Is considered negligence. Falsification of District Record The intentional failure to issue a record regarding the performance of work duties, attendance, injury, illness, job qualifications, or other work related matters. Use of District Credit Unless otherwise authorized, no district Board Member or employee may use district credit cards or other district credit. Standards of Corrective Action This section has been established as a guide for use by supervisors to help ensure that all employees receive similar treatment in like circumstances. Realizing that some offenses will be more or less serious in certain cases, the Supervisor taking the corrective action shall utilize good judgment in light of all available facts. The corrective action selected must ultimately be appropriate in light of the particular circumstances surrounding the incident and the Employee's past performance and conduct record. In determining the severity of corrective action to be applied, the authorized Supervisor should take into account the following variables: The severity of the specific act or misconduct The circumstances under which the violation occurred The consequences of the Employee's actions in regard to its effect on the District operations and on Page 109 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook other employees The overall work record of the Employee, length of employment, and the Employee's prior history of other similar or unrelated corrective actions, including active and inactive offenses The length of time since earlier corrective action, the similarity or dissimilarity of the offense, and the severity of earlier offenses Page 110 of 145