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Personnel Policy and Procedures Manual

Discipline and Discharge

PPP # 75-00
Policy on Discipline and Discharge

PURPOSE

The purpose of this policy is to define the rules for disciplining and discharging employees of the City of Rockville.

SCOPE

This policy is inclusive of all City employees.

GENERAL

Disciplinary actions are taken to reinforce the expectations, rules, regulations, policies, procedures, etc., required to be followed by City employees. To that end, the purpose of disciplinary actions not only serve to put employees on notice that they have failed to meet the City's expectations in these areas, but also to give employees an opportunity to meet these expectations. Disciplinary actions also define what consequences may be incurred if warnings are not heeded.

DEFINITIONS AND RULES

Regular, non-probationary employees having completed probation are expected to meet acceptable performance criteria and follow all rules as defined by the City. Their failure to do so may result in progressive discipline as outlined in PPP# 75-10. These employees have the right to appeal such actions through the administrative grievance procedure. Union employees must follow the grievance procedure available as outlined in the union contract.

Regular, probationary employees are expected to meet all acceptable performance criteria and follow all rules as defined by the City. The probationary period provides the City the opportunity to evaluate the individual and determine the employee's suitability. At the appropriate evaluation periods, probationary employees should be informed of any problems concerning their performance by way of an evaluation and, if necessary, also by memorandum. The City reserves the right to terminate the employment relationship at any time during the probation for any non-discriminatory reason without the right of appeal under the grievance procedure.

Temporary and seasonal and other employees serve at the pleasure of the City. Their service is determined as it best meets the needs of the City and may be terminated at any time for any non-discriminatory reason.

PPP # 75-10
Procedure on Discipline and Discharge

PURPOSE

The purpose of this Procedure is to implement the Policy on Discipline and Discharge (PPP# 75-00).

GENERAL RULES

The Director of Personnel has been authorized by the City Manager to implement disciplinary procedures.

GUIDELINES FOR EMPLOYMENT ACTIONS

Regular probationary employees who fail to meet acceptable performance criteria are subject to dismissal. During their initial probationary period (six or twelve months), employees do not have the rights of appeal under the grievance procedure.

To release an employee during probation, the supervisor shall write to the Director of Personnel stating the reasons for the release. If appropriate, the Director of Personnel will approve the release and instruct the supervisor to inform the employee in writing about the release, prior to the effective date of such action. Such employees do not have the right of appeal. Such a release must also be approved by the City Manager.

Temporary/seasonal and other employees serve at the City's pleasure and may be removed from service at any time as best suits the interests of the City. Such employees do not have the right of appeal.

Regular non-probationary employees who fail to meet acceptable performance standards, violate rules, regulations, policies, procedures, etc., are subject to disciplinary action.

Progressive discipline including verbal warnings, written warnings, disciplinary probation, suspension, and dismissal should be followed whenever possible. First offenses of minor infractions should only incur verbal or written warnings. Subsequent offenses would incur more severe forms of disciplinary action. However, the nature, extent and severity of the infraction must always be considered in determining the degree of the disciplinary action. Nothing in these guidelines would preclude the City from taking more severe forms of disciplinary action including suspension and/or dismissal, for first offenses. Also, nothing in these guidelines will preclude the City from imposing multiple forms of discipline (i.e., demotion, probation, and suspension).

Progressive discipline should always be conducted and maintained confidentially. All levels of progressive discipline should include: that area of deficient performance citing specific examples where possible; what the performance expectations are; what consequences may be incurred for failing to heed those warnings and expectations; a measurable period of time for correcting difficulties; and notation of previous discipline.

The forms of progressive discipline are:

1. Verbal Warning: between the immediate supervisor and the employee. Such warnings may be reported to the Director of Personnel;

2. Written Warning: as a memorandum from the immediate supervisor to the employee with a copy to the Personnel file;

3. Disciplinary Probation: in memorandum form from the supervisor to the employee for a period of generally six to 12 months, depending on the infraction, with a copy to the Personnel file. The starting and ending dates of the probation should be indicated in the memorandum;

4. Suspension Without Pay: normally for a period of one to five workdays depending on the infraction (not to exceed 30 workdays without special approval by the City Manager), in memorandum form, from the supervisor to the employee, also giving the exact dates of the suspension. All suspensions must have concurrence by the Director of Personnel and approval by the City Manager; and

5. Discharge: letter sent by the immediate supervisor to the employee stating reasons for terminating the employee giving the effective date, and other details as stated above. Such letter may be sent to the employee, when practical, prior to the effective date and must contain written concurrence of the department director, Director of Personnel, and approval of the City Manager. In certain instances, when it is warranted by extenuating circumstances, an employee may be discharged with verbal concurrence by the Director of Personnel and verbal approval by the City Manager. Written notification would then be provided after the fact.

In order to enhance and clarify the actions of all the forms of discipline listed, those requiring a written memorandum should also be verbally explained to and discussed with the employee by the initiating supervisor whenever possible.

At all levels of discipline the supervisor should document and maintain notes of actions, discussions, etc.

NOTE: Prior to suspension or dismissal of any employee, the immediate supervisor must also inform the Director of Personnel of the recommendation for suspension and/or dismissal by way of memorandum. This should be done in accordance with Procedures on Suspension and Discharge (PPP# 80-04 or 80-07). This memorandum should include the reasons for the recommendation (the nature of the infraction, times, dates, etc.) and reference to any prior disciplinary action.

Upon approval of the Director of Personnel, the supervisor will issue a written confirmation of the action to the employee stating the reasons for the action and informing the employee of the right to appeal through the appropriate grievance procedure. Only non-probationary, regular employees have the right to such appeals.

In addition, the suspension or dismissal of any employee must have approval of the City Manager.