DISCIPLINARY ACTION
Disciplinary action can be taken for reasons including, but not limited to, the following:
A. Tardiness;
B. Early departure;
C. Unsatisfactory attendance record;
D. Insubordination;
E. Abuse of privileges or benefits;
F. Poor work performance;
G. Abusive treatment of the public, other employees, or people served;
H. Release of confidential information;
I. Falsification of or providing misleading information for records;
J. Failure to develop or maintain skills necessary for the position;
K. Conduct inside or outside the office that demonstrates a lack of moral character;
L. Conviction of a crime other than a traffic infraction;
M. Being charged with a felony or a misdemeanor involving moral turpitude;
N. Conduct that would be damaging to the reputation of the agency, its offices, Directors, people receiving services or other employees;
O. Any other contact deemed inappropriate
P. Illegal use or possession of controlled
substances, regardless of location;
Q. Use or possession of alcohol while working;
R. Refusal to comply with any recommendations of the Employee Assistance Program, including drug testing, participation in or completion of a therapy or treatment program, etc.
S. Failure to follow agency policies and procedures.
The agency has a progressive disciplinary process in place for infractions of work rules and/or poor work performance. Disciplinary action may affect salary increases. However, the type of disciplinary action imposed is based on the nature, severity, and impact of the offense. In other words, an employment termination can occur for the first offense of severe magnitude, e.g. abuse of an individual served.
All types of formal disciplinary action, exclusive of routine supervisory guidance, require written documentation on the agency's Record of Disciplinary Action, (PERS 11). This form provides for the type of disciplinary action, reason for imposing the action, and recommendations (including specific work performance improvements/expectations, with timelines). If appropriate, consequences for failure to improve are also noted on the form.
If a referral to the Employee Assistance Program is deemed necessary, the following forms may also be used:
Following a discussion on the reason for the "disciplinary action", the employee and the supervisor taking the action must sign and date the form. The employee's signature acknowledges receipt of the disciplinary action, not necessarily agreement. The employee will be given the Employee Response to Disciplinary Action (PERS 11a) for any additional comments. If comments are to be submitted to the supervisor, it must be done within five (5) working days of receipt of the PERS 11 Record of Disciplinary Action. The originals are then placed in the personnel file with a copy given to the employee. Disciplinary actions can be appealed using the NorthStar Services appeal process. The filing of an appeal does not postpone the personnel action being imposed.
II. TYPES OF DISCIPLINARY ACTION
Disciplinary action shall be based upon an action or inaction that is in violation of any of the policies, rules, or direction of the agency or as otherwise may be determined by the Governing Board or the Chief Executive Officer. Possible penalties for any violations may include, but not limited to the following:
A. Oral reprimand;
B. Written reprimand;
C. Referral to the Employee Assistance Program
D. Disciplinary probation;
D. Reduction in salary or wages;
E. Reimbursement of damages or unauthorized expenditures;
F. Demotion;
G. Suspension;
H. Dismissal or termination.
When a supervisor has determined that a violation has occurred and that disciplinary action is appropriate, the supervisor shall take any actions that he or she is authorized to do and shall immediately notify the employee. All disciplinary actions shall be noted in the employee’s personnel file. The supervisor shall only have the authority to take disciplinary action, as any disciplinary action may be reviewed the Chief Executive Officer. The Chief Executive Officer may reserve the right to impose certain disciplinary actions exclusively to him or herself.
Following the imposition of a disciplinary action, an employee may appeal this decision to the Area Director. The notice of appeal must be in writing and must contain a general description of the matter to be appealed, the supervisor who rendered the original disciplinary action and the date of the appeal. The notice must be delivered to the Area Director within 10 calendar days of the disciplinary actions. The Area Director shall then respond within 10 days. If the employee is not satisfied with the decision of the Area Director, he or she may appeal to the Chief Executive Officer
by written notice within 10 days of the Area Director’s decision. This notice must be in writing and contain a specific description of the matter to be appealed, the name of the Area Director rendering the decision and the date. The Chief Executive Officer shall have 20 days to respond. The decision of the Chief Executive Officer shall be final and is not appealable to the Governing Board.
In the event that an employee has an original complaint about the Area Director, a complaint shall be made in writing to the Chief Executive Officer within 10 days of the action or inaction generating the complaint. The Chief Executive Officer shall have 20 days to respond. The decision of the Chief Executive Officer shall be final and is not appealable to the Governing Board.
In the event that an employee has an original complaint about the Chief Executive Officer, a complaint shall be made in writing to the Chairperson of the Governing Board within 14 days of the action or inaction generating the complaint. The Chairperson shall determine if such complaint warrants review by the entire Board. If so, the full Governing Board shall review the complaint and will have full authority to determine what actions, if any, are appropriate. The Board may take whatever steps it deems prudent to investigate and determine the validity of an original complaint against the Chief Executive Officer. In the event that the full Board is advised of a complaint against the Chief Executive Officer, a response to the complainant shall be made within 60 days of the date that the complaint is delivered to the Chairperson of the Board.
All Area Directors and others to whom an appeal is directed shall investigate the appeal to the best of their ability within the allotted time frame. Extensions of time for rendering a decision on an appeal shall only be granted by the Chief Executive Officer and must be with the consent of the complaining employee. This subsection shall not apply to actions taken by the full Governing Board. The full Governing Board may decide on its own to extend the time for responding to an original complaint against the Chief Executive Officer.