Chapter 3.40
DISCIPLINARY ACTIONS
Sections:
3.40.030 Grounds for disciplinary action.
3.40.040 Approval of disciplinary actions.
3.40.050 Record and notice of disciplinary action.
3.40.060 Pre-disciplinary interview and hearing.
3.40.010 Scope.
The protections of this chapter apply to those employees in the classified service that have completed their probationary period. (Ord. 13-10 § 1, 2014; Ord. 1-04 § 2 (3.24.010), 1991. Formerly 3.24.010)
3.40.020 Forms of discipline.
Progressive discipline shall be followed when practicable. When the severity of the inappropriate conduct warrants and it is in the best interest of the borough, the personnel officer may permit any of the following forms of discipline to be imposed at any time so long as such discipline is supported by just cause:
A. Oral reprimand;
B. Written reprimand;
C. Extension of probationary period;
D. Suspension with pay;
E. Suspension without pay;
F. Demotion; or
G. Dismissal. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2 (3.24.030), 1991. Formerly 3.24.030)
3.40.030 Grounds for disciplinary action.
A. Employees of the borough are expected to follow generally accepted rules of conduct, whether posted or not.
B. Without limitation, proof of any one of the following shall constitute just cause for discipline:
1. Insubordination;
2. Incompetence;
3. Inefficiency;
4. Absenteeism without notification to the employee’s supervisor;
5. Violation of a written borough policy, procedure, standard of conduct or regulation, which was known or reasonably should have been known to the employee;
6. Failure to perform assigned tasks to the best of his or her abilities;
7. Harassment of other employees or the public;
8. Violation of an oral directive which was known or reasonably should have been known to the employee;
9. Conviction of a crime involving moral turpitude;
10. Intoxication or substance abuse on the job;
11. Failure to make satisfactory corrections for an act or omission for which previous disciplinary action has been taken; or
12. Any other conduct commonly recognized by reasonable persons as justification for serious discipline, including dismissal.
C. Subject to NABC 3.40.050, the following conduct may be cause for an automatic termination:
1. Absenteeism of three or more days without notification to the employee’s supervisor;
2. Intoxication or being under the influence of illegal substances on the job;
3. Violent or threatening behavior;
4. Actions that pose an immediate danger to the health, safety and welfare of borough employees or the public; or
5. Other actions deemed to be a serious and significant violation of borough code or policy. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.24.040. Formerly 3.24.040)
3.40.040 Approval of disciplinary actions.
A. The personnel officer or a designee will advise and assist department heads in the handling of all disciplinary matters.
B. The personnel officer or a designee shall approve all disciplinary actions concerning suspension, transfers, demotion or dismissal prior to the completion of the action, unless, in the judgment of the department head, immediate disciplinary action is required. The basis for taking immediate action shall be limited to the reasons in NABC 3.40.030(C). In such instance, the department head shall have the authority to suspend the employee without pay pending investigation and approval of the final determination by the personnel officer or his designee. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2 (3.24.020), 1991. Formerly 3.24.020)
3.40.050 Record and notice of disciplinary action.
A. All forms of disciplinary action, except verbal admonishments, must:
1. Be in writing;
2. State the full circumstances surrounding the incident, such as:
a. The nature of the incident;
b. The date, time and location of the incident; and
c. Witness statements;
3. The precise discipline administered; and
4. Contain a notation requesting the employee’s comments.
B. Written records of verbal warnings shall be prepared by the employee’s supervisor and a copy given to the employee as soon as practicable following the warning.
C. Before an employee may be dismissed, demoted with a reduction in pay, or suspended without pay, the employee shall be given written notice of the intent to discipline containing the information required by subsection (A) of this section. The notice shall also contain notice of the employee’s right to request an interview with the personnel officer or a hearing before an independent hearing officer in accordance with NABC 3.40.060. If the employee is unavailable, the notice shall be given by mail.
D. If immediate disciplinary action was taken pursuant to NABC 3.40.030(C), the employee shall be given written notice in accordance with subsection (A) of this section within three working days of the date the disciplinary action was taken.
E. A copy of the action shall be placed in the employee’s personnel file, after the individual has acknowledged receipt by signature, or refused receipt, which refusal shall be acknowledged by the personnel officer. (Ord. 16-06 § 1, 2017; Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.24.050. Formerly 3.24.050)
3.40.060 Pre-disciplinary interview and hearing.
A. An employee may request an informal interview with the personnel officer for the purpose of reviewing the circumstances giving rise to the proposed disciplinary action. At the interview the employee shall be given the information regarding the action, and given an opportunity to respond if desired. At the conclusion of the interview, the personnel officer will advise the employee of the decision to rescind the proposed disciplinary action, to impose a lesser form of discipline, or to proceed with the disciplinary action as originally proposed. A written notation of this decision shall be made and a copy given to the employee.
B. An employee may request a pre-disciplinary hearing before an independent hearing officer appointed under NABC 3.52.010 only by submitting a written request to the employee’s department head, no later than 5:00 p.m. on the tenth calendar day following the day on which the employee received the notice of intent to discipline, the date of mailing such notice, or the date of the interview with the personnel officer pursuant to this section, whichever is later. Failure of the employee to timely submit written notice shall constitute a waiver of the employee’s right to a pre-disciplinary hearing.
C. The independent hearing officer shall schedule a pre-disciplinary hearing no later than the fifteenth calendar day after receipt of a written request by the employee. The pre-disciplinary hearing shall be held only if the employee submits a timely written request as provided above.
D. Existing pay status shall not be provided beyond the fifteenth day if the employee or the employee’s representative requests and is granted an extension of the hearing date for any reason. If the borough requests and is granted an extension of the hearing date for any reason, the employee shall be continued in pay status.
E. The hearing before the independent hearing officer shall be recorded and such recording, together with any documentary evidence submitted to the independent hearing officer, shall form the record of the hearing.
F. Both the affected employee and a representative of borough management may exercise the following rights at the hearing:
1. To testify;
2. To present witnesses and other evidence;
3. To cross-examine witnesses;
4. To be represented by a person of their choice at their own expense.
G. The independent hearing officer may exercise independent judgment as to the weight of the evidence on legal issues raised by the parties. The employer shall prove the existence of just cause to discipline the employee by a preponderance of the evidence presented.
H. The independent hearing officer shall issue a written decision no later than seven calendar days after the close of the hearing. The decision shall include a clear and precise statement of the reason for the decision.
I. The independent hearing officer may affirm the disciplinary action, or impose a lesser disciplinary action, or prohibit the imposition of discipline against the employee for incidents examined at the hearing.
J. The affected employee may appeal the independent hearing officer’s pre-disciplinary decision by filing a written notice of appeal with the Alaska Superior Court in accordance with the Alaska Rules of Civil Procedure within 30 days after the employee’s receipt of the independent hearing officer’s decision. (Ord. 16-06 § 1, 2017; Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.24.060. Formerly 3.24.060)