4-Attachment A.pdf

SECTION 6 EMPLOYMENT - DISCIPLINE

NUMBER 6.85 General Policy The county encourages the use of the progressive disciplinary process. It is designed to be constructive and to promote employee success. It gives employees the information necessary to understand what aspect of work performance or behavior is unacceptable, identifies the improvements that are expected and provides the opportunity for employees to demonstrate the expected improvements. The progressive discipline process may be bypassed in certain circumstances or for supervisors and managers. Generally, however, the county will use the progressive disciplinary process.

A. All county employees are subject to the provision of discipline procedures with the exception of the following:

1. Executive Director of Public Health

2. Employees in the offices of Elected Officials who have not accepted and endorsed the Boulder County Personnel and Policy Manual

3. Introductory Employees

4. Term Employees

5. Hourly Employees

6. Any other at will employees

These employees may be dismissed without cause and should be so notified.

Dismissals of introductory, term, and hourly employees must be reviewed by HR and approved by the EO/DH.

SECTION 6 EMPLOYMENT - DISCIPLINE

NUMBER 6.86 Disciplinary Actions to be Based on Cause A. All disciplinary actions shall be based on cause. Examples of actions by employees that may be considered cause include, but are not limited to, the following:

1. Incompetence or inefficiency in performance of job duties

2. Deliberate or careless conduct endangering the safety or well-being of oneself, fellow employees or the public

3. Deliberate abusive language or unbecoming conduct toward the public or fellow employees

4. Abusive treatment and/or disrespect of another including, but not limited to, physical or verbal confrontations, insults, sabotage, excessive gossiping/spreading rumors, and threats

5. Negligent or willful damage or waste of public property

6. Unauthorized use or theft of county property

7. Insubordination or refusal to comply with lawful orders or regulations

8. Being impaired by alcohol, marijuana, or any legal or illegal drug so as to affect the performance of duties

9. Being under the influence of intoxicants or non-prescribed drugs so as to affect the performance of duties

10. Unexcused absence, unapproved leave of absence, including for failure to provide documentation to support FMLA leave or failure to return from leave of absence including FMLA leave

11. Conviction or admission of a serious crime such as a felony or crime of moral turpitude

12. Accepting bribes in the course of county work or deliberate misuse of county funds

13. Habitual tardiness or absenteeism

14. Any behavior that adversely impacts the efficiency or effectiveness of county functions

15. Any condition, event or change in status that renders an employee ineligible for employment pursuant to federal, state or local laws, rules or regulations

16. Posting inaccurate or inappropriate content on county websites

17. Violation of a county policy or procedure

18. Dishonesty, cheating, fraud, deceit, and breach of trust

19. Failure to immediately report to one’s EO/DH a conviction that impacts the employee’s ability to perform a function or functions of the position or failure to immediately report a driving violation covered by the Use of Vehicles Policy

20. Moving or residing outside of Colorado

21. Failure to comply with safety policies or procedures and/or failure to operate equipment properly so as to cause a heightened risk of injury to oneself or others

22. Revocation of driving privileges where driving for work is an essential job duty

SECTION 6 EMPLOYMENT - DISCIPLINE

NUMBER 6.87 Disciplinary Actions The following disciplinary actions are possible: written reprimands; suspension without pay; reduction of pay; demotion; disciplinary movement of an employee to a different position; or dismissal. Supervisors designated by an EO/DH may impose written reprimands. All disciplinary documents must be reviewed by Human Resources prior to issuance to the employee.

The progressive discipline process shall include two written reprimands prior to dismissal except in certain circumstances specified under Section 6.87.F (Dismissal) below where progressive discipline may be bypassed. In certain circumstances an employee may receive a suspension without pay, a demotion, a reduction in pay, or disciplinary movement to a different position in conjunction with a written reprimand.

Only an EO/DH may impose a suspension without pay, reduction of pay, demotion, disciplinary movement of an employee to a different position, or dismissal.

A. First Written Reprimand A first written reprimand is written from the supervisor to the employee and specifically identifies performance problems, the cause for discipline (see Section 6.86), and required corrective actions. The supervisor must meet with the employee to identify and discuss the performance problems addressed in the first written reprimand and to advise the employee of the need for improvement.

The first written reprimand must be dated, signed by the supervisor, signed by the employee to acknowledge the discussion took place, and placed in the employee's personnel file in HR. The employee may draft a rebuttal document to the reprimand which will also be placed in the employee’s personnel file. Refusal of the employee to sign the reprimand or acknowledge the discussion took place does not invalidate the reprimand.

Human Resources must review and approve the reprimand prior to issuance.

The timeframe for improvement before issuing a second written reprimand is left to the discretion of the supervisor. However, 30 days should be used as a guideline with more or less time being given depending on the nature of the problem.

B. Second Written Reprimand If after the timeframe for improvement following the first written reprimand has elapsed, the performance issues continue or new performance issues develop, the supervisor will consult with Human Resources to prepare a second written reprimand. Human Resources and the County Attorney’s Office must review and approve the reprimand prior to issuance. The same process and parameters described above for the first written reprimand will be applied to the second written reprimand.

C. Suspension Without Pay Disciplinary suspension without pay for up to 80 hours, taken in whole day increments based on work schedule, may be used at any point in the progressive disciplinary process when the EO/DH believes it is necessary to apprise the employee of the seriousness of the problematic behavior or infraction. When a suspension without pay is being recommended or considered, the supervisor and/or EO/DH must first consult with HR and the County Attorney’s Office. Before a suspension without pay is imposed, a pre-disciplinary hearing must be held.

Whenever a suspension without pay is imposed, written notice of the suspension must be provided by the EO/DH to the employee stating the reasons for suspension, its duration, and the right to appeal the decision. HR and the County Attorney’s Office must approve the notice before it is given to an employee.

D. Suspension Pending Criminal Offense Employees may be suspended if they are arrested, charged, or implicated in criminal offenses or activities which may adversely affect the efficiency or effectiveness of the employee's job or county functions. This suspension may be for an indefinite period. When a suspension without pay due to a criminal offense is being recommended or considered, the same process established in 6.87.C will be followed.

If an employee is reinstated following a suspension without pay due to a criminal offense, the employee may be reinstated with back wages. The payment of back wages will not be more than the employee would have received had the employee not been suspended. The EO/DH will determine the amount of back wages paid upon reinstatement after consultation with HR and the County Attorney’s Office.

E. Demotion or Reduction of Pay An EO/DH may reduce an employee's pay or demote an employee to a lower classification in conjunction with a first written reprimand or at any point in the progressive disciplinary process thereafter.

When a demotion or reduction in pay is being recommended or considered, the supervisor and/or the EO/DH must first consult with HR and the County Attorney’s Office. The employee will be afforded a pre-disciplinary. If the EO/DH then determines that a reduction in pay and/or demotion is appropriate, a written explanation of the decision shall be provided to the employee, and the employee shall be informed of the right to appeal. HR and the County Attorney’s Office must approve the written decision before it is given to the employee.

When any reduction in pay takes place, the employee's rate of pay must fall within the assigned pay range of the job classification.

Nothing in this section shall be construed to require the EO/DH to reduce pay or demote prior to dismissal.

F. Dismissal An EO/DH may dismiss an employee under the following circumstances:

1. An employee may be dismissed as a final step in the progressive discipline process.

2. An employee may be dismissed if in the opinion of the EO/DH the employee's performance deficiencies and/or problem behavior is so serious that dismissal without prior discipline is warranted.

3. Supervisors or managers may be dismissed without prior disciplinary measures. Supervisors and managers are held to a higher standard in the execution of their job because they supervise other employees, are expected to exercise significant judgment and discretion, and their actions and decisions have a substantial impact upon the manner in which the county carries out its mission. The use of prior progressive disciplinary action does not affect the county's right to by-pass further progressive discipline and proceed to dismissal.

4. An employee who has moved or is residing outside of Colorado may be dismissed without prior or lesser disciplinary measures.

When a dismissal is being recommended or considered, the supervisor and/or EO/DH must first consult with HR and the County Attorney’s Office. The employee must be provided with notice of the reason(s) dismissal is being considered and be afforded a pre-disciplinary hearing. If the EO/DH then determines that dismissal or other disciplinary action is appropriate, the employee shall be informed in writing of the reason for the decision and of the right to appeal. Written notice of the dismissal or other disciplinary action shall be provided to the employee within five business days of the decision by the

EO/DH. HR and the County Attorney’s Office must approve the written decision before it is given to the employee.

SECTION 6 EMPLOYMENT – DISCIPLINE

NUMBER 6.85 General Procedure No procedures documented. See policy manual

SECTION 6 EMPLOYMENT – DISCIPLINE

NUMBER 6.86 Disciplinary Actions to be Based on Cause No procedures documented. See policy manual

SECTION 6 CONDITIONS AND REQUIREMENTS - DISCIPLINE

NUMBER 6.87 Disciplinary Actions A. Consultation with HR Before issuance of a written reprimand, a supervisor must consult with HR and receive HR and EO/DH approval. All supporting documentation, including the two most recent performance evaluations, if applicable, must be sent to Human Resources for review when a supervisor is contemplating a second written reprimand, suspension without pay, reduction in pay, demotion, or dismissal.

All disciplinary documents should follow the templates available on the HR website.

B. Leave with Pay An employee may be place on leave with pay when the EO/DH requires time to investigate allegations against an employee prior to making any disciplinary decision regarding that employee. While on leave, the employee shall remain available during normal working hours to respond to any inquiries of EO/DH or their designee.

When an employee is suspended with pay, a department payroll coordinator will add a pay code to the employee timecard Indicating this leave with, “NE Paid Special Circumstance” for non-exempt employees or “Exempt Paid Special Circumstance” for exempt employees with a comment and note.

C. Recommendations for Suspensions without Pay, Reductions in Pay, Demotions, and Dismissals Because suspensions without pay, reductions in pay, demotions, and dismissals may only be imposed by an EO/DH, when a supervisor believes that one of these actions is appropriate, the supervisor will draft a memo to their EOD/DH recommending the disciplinary action and providing supporting information. If the employee reports directly to an EO/DH, the EO/DH will draft a memo to the employee stating that they are considering the disciplinary action and providing supporting information.

https://bouldercounty.sharepoint.com/SitePages/Personnel-and-Policy-Manual.aspx#section-6-employment-disciplinenumber-6.85-general-policy https://bouldercounty.sharepoint.com/SitePages/Personnel-and-Policy-Manual.aspx#section-6-employment-disciplinenumber-6.86-disciplinary-actions-to-be-based-on-cause

D. Pre-Disciplinary Hearing Prior to any decision to suspend without pay, reduce pay, demote, or dismiss an employee subject to progressive discipline, the employee shall have an opportunity to be heard.

The EO/DH shall provide to the employee written notice of the hearing and the charges against the employee. At the hearing, the EO/DH will present an explanation of the evidence of cause, and the employee shall have an opportunity to explain the employee’s version of the situation. The employee’s explanation may be oral or written and may include documents that the employee wants the EO/DH to consider. This is an informal meeting and does not include witnesses or submission of exhibits. The employee has the right to have representation at the pre-disciplinary hearing, and the employee shall notify the EO/DH of the representative’s attendance prior to the hearing. This meeting is not intended to be a full hearing, but rather is intended to provide the employee with the opportunity to be heard and for the EO/DH to make an informed determination regarding any disciplinary actions that affect the pay or job of county employees so that such decisions are made in an accurate, fair, and efficient manner.