Chapter 3.75
DISCIPLINARY ACTION
Sections:
3.75.010 Progressive discipline.
3.75.030 Disciplinary action procedures.
3.75.040 Implementation of disciplinary action.
3.75.050 Employee’s right to appeal.
3.75.010 Progressive discipline.
Employees hired on or after September 1, 2004, are at-will, and the district may terminate the employment relationship at any time, with or without cause, and without right of appeal or hearing. However, the district endeavors to apply fair and equitable discipline for all employees. Although every situation requiring discipline is unique, whenever appropriate, in the sole discretion of the district, discipline may be applied progressively. There are six levels of progressive discipline. They are:
A. Employee Consultation with Supervisors Log. A supervisor-led discussion with the employee about the problem or issue, with a simple written record of the discussion placed in the employee’s personnel file. The written record is not required to be signed by the employee.
B. Employee Documented Consultation. A supervisor-led discussion with the employee about the problem or issue, accompanied by a formal document that identifies problem areas; documents clarifications between supervisor and employee; reminds employee of a specific rule/policy infraction. The documented warning is presented to the employee for their comment and signature and placed in their personnel file. This may be accompanied by a remedial assignment and/or a suspension.
C. Employee Problem/Solution Notice. A supervisor-led discussion with the employee about the problem or issue, with a formal document that defines the specific nature of the problem; notes whether the employee has been warned about the problem in the past; includes a plan for the future. This may be accompanied by a remedial assignment and/or a suspension, and/or a termination.
D. Suspension – Unpaid Time Off. Employees who are suspended cannot use Paid Time Off (“PTO”) during the suspension, and they cannot buy-out PTO for two weeks following the suspension.
E. Demotion.
F. Termination.
Employees may be ineligible for promotion for a minimum of six months following a disciplinary action.
Employees may be ineligible for voluntary overtime following a disciplinary action.
Progressive discipline is discretionary with the district. The district reserves the right to initiate discipline at any one of these levels, up to and including termination, depending on the circumstances in a particular case. [Res. 12-18 Att. A; amended by district 5/2012; Res. 11-21; Res. 10-27; Res. 10-13 Art. 14 § A].
3.75.020 Due process.
The following procedures are designed to ensure that a procedure of due process is followed when an employee hired before September 1, 2004, is to be subjected to disciplinary action for cause. (Employees hired on or after September 1, 2004, are at-will and may be disciplined or dismissed with or without cause at the sole discretion of the general manager and without right of appeal or hearing. Thus, this section through HDWDC 3.75.060 are inapplicable to at-will employees.)
Disciplinary actions may range from informal counseling conversations to formal discharge. The general manager reserves the right to administer disciplinary action that, in his/her sole discretion, is deemed necessary. [Amended by district 5/2012; Res. 11-21; Res. 10-13 Art. 14 § B].
3.75.030 Disciplinary action procedures.
The following procedures are designed to ensure that in the case of disciplinary action, including dismissal, demotion or suspension, a procedure of due process is followed. The following procedure will only be required for employees who were hired prior to September 1, 2004. Employees hired on or after September 1, 2004, are at-will, and the district may terminate the employment relationship at any time, with or without cause, and without right of appeal or hearing.
A. The employee will receive written notification from their manager or the human resources manager. The notice shall:
1. State the proposed action.
2. State the effective date.
3. State reasons for the proposed action (to include incidence and dates).
4. Provide copies of materials relied upon to support the proposed action.
5. Inform the employee of the right to respond to the general manager, orally or in writing, within five working days.
6. Be hand delivered or sent by first class mail addressed to the employee’s last address on record with the district if the employee is unavailable at work.
7. State that when the general manager and employee are able to discuss the notice, the employee shall acknowledge by signature on the notice that he/she understands the notice and his/her right to respond to the notice.
B. Within five working days after receipt of the notice, the employee may request a meeting with the general manager to respond to the charges. The employee may utilize this opportunity to present his/her side in response to the charges. Notice will be deemed received upon written acknowledgement of receipt or five days after deposited in U.S. mail, whichever is earlier.
C. Upon meeting with the employee (or after the five-day deadline), the general manager will either:
1. Withdraw the proposed disciplinary action;
2. Administer a modified, lesser disciplinary action; or
3. Administer the proposed disciplinary action. [Amended by district 5/2012; Res. 11-21; Res. 10-13 Art. 14 § C].
3.75.040 Implementation of disciplinary action.
If discipline is implemented by the general manager, the employee shall receive written notice of such, including the effective date. The employee will be advised of the right to appeal, if applicable. The written notice will be given by first class mail if the employee is unavailable at work.
A copy of said notice shall be given to the employee, and a copy shall be placed in the employee’s personnel file. [Amended by district 5/2012; Res. 11-21; Res. 10-13 Art. 14 § D].
3.75.050 Employee’s right to appeal.
If the disciplinary action imposed by the general manager consists of a suspension without pay of more than five days, a demotion, or a termination, the employee may file a written appeal to the board of directors for its review. Said appeal must be filed in the general manager’s office within 10 working days of the date of the general manager’s notice of implementation of the discipline. The appeal must include a statement of the facts and events involved in the matter and a statement of the corrective action requested and the reason the action is inappropriate. The general manager shall immediately forward copies of the appeal as filed to all board members. A hearing before the board of directors or its designee(s) shall be set within a reasonable time. The hearing shall be conducted in accordance with applicable due process requirements. If the board of directors designates another person(s) to hear the case, said designee(s) decision shall be advisory to the board of directors. Within 30 days after the board of directors makes its decision, the employee shall be served with written notification of the decision. Said decision shall be final and binding upon the employee. [Amended by district 5/2012; Res. 11-21; Res. 10-13 Art. 14 § E].
3.75.060 Grievance procedure.
A. Through the grievance procedure, full- and part-time employees are provided a means by which a grievance is reviewed, and an answer or decision may be given at progressively higher management levels. A disciplinary action is not grievable under the grievance procedure. Instead, disciplinary actions are administered under HDWDC 3.75.010 through 3.75.050.
The formal grievance procedure is designed not to replace but to supplement the routine methods of responding and settling employee problems and grievances. If these routine methods fail to resolve an issue, the grievance procedure gives the employee access to higher authorities than the immediate supervisor. No supervisor shall directly or indirectly discourage the use of grievance procedure by employees. When warranted by unusual circumstances (illness, extended absences, etc.), the general manager may extend the time limits indicated in the grievance procedure.
B. Content of the Written Grievance.
1. A statement of the district’s policy, rules or practices involved.
2. A statement of the facts and events involved in the matter.
3. An explanation of how the employee has been adversely affected.
4. A statement of the corrective action requested and the reason the action is appropriate.
C. Steps in the Grievance Procedure.
1. Step 1. The employee shall present the written request for an adjustment of the grievance to his/her manager within five working days after the grievance arises or becomes known to the employee. In this step, the manager shall give the employee a full opportunity to explain his/her grievance and will promptly review all aspects of it. The manager shall reply in writing within seven working days of the grievance by the employee, and shall tell the employee the reason for his/her decision. The employee may proceed to the next step if the employee is not satisfied by the decision in this step.
2. Step 2. If the employee is not satisfied with the manager’s reply in Step 1 and the employee chooses to pursue the matter, the employee must present the written grievance to the general manager within five working days after the reply by the manager is received.
The general manager will review the previous decisions concerning the grievance and make a written response within 10 working days. A decision of the general manager is final. [Amended by district 5/2012; Res. 11-21; Res. 10-13 Art. 14 § F].