SECTION SEVEN - EMPLOYEE CONDUCT, DISCIPLINE AND EMPLOYMENT ACTIONS
A. Employee Discipline: It is the responsibility of all employees to observe policies necessary for the proper operation of County functions. Employees still within their orientation period may be terminated at any time for any reason and are not entitled to any form of progressive discipline nor are they entitled to appeal any disciplinary measure. However, all employees that violate County policy are subject to discipline. Depending upon the circumstances, the County may reprimand, transfer, suspend, demote, reduce pay or terminate employees who violate County policy. Grounds for discipline may include, but are not limited to:
1. Inefficiency
2. Incompetence
3. Failure to maintain skills
4. Inadequate performance levels
5. Neglect of duty
6. Misconduct
7. Disloyalty
8. Inability to work in harmony with co-workers
9. Rudeness
10. Disobedience of a reasonable order of a supervisor
11. Dishonesty
12. Insubordination
13. Misappropriation or damage to public funds or property
14. Misfeasance, malfeasance or nonfeasance in office
15. Misuse of public funds or property
16. Tardiness
17. Unapproved absences
18. Any act adverse to public service
This list is not exhaustive and is merely set forth as a guideline. This list should not be construed as preventing or limiting the County from taking disciplinary action, including termination, in circumstances where the County deems such action to be appropriate regardless of whether the County has specifically identified a written rule or policy. Similarly, employees may be disciplined for violations of County policy found in other sections of this manual, violations of State or Federal law, or violations of relevant policies, rules or laws promulgated elsewhere.
Before implementing disciplinary action that may lead to termination the employee’s supervisor or department head/elected official should review the circumstances with the Human Resources Director
Employees may appeal some but not all disciplinary actions through the County’s dispute resolution process as outlined below.
B.Progressive Discipline / Employment Actions
1. Verbal Reprimand: A verbal reprimand is a formal conversation between a supervisor and an employee about a specific aspect of the employee’s performance and/or conduct. This step is taken when an employee has committed a relatively minor violation of County policy.
When giving a verbal reprimand, the disciplining authority should identify the specific action(s) that warrant the verbal reprimand, the specific policies violated and the correction that employee is expected to make.
After the verbal reprimand has been given, the supervisor must summarize the meeting in writing, including the above cited elements in the summary, in the event the formal documentation is required at a later date. This verbal reprimand summary should be delivered to the Human Resources Director to be placed in the employee’s official personnel file. Verbal reprimands cannot be appealed or grieved under the County’s Dispute Resolution Process.
2. Written Reprimand: A written reprimand is a formal written notice to the employee regarding repeated offenses for which a verbal reprimand has already been given, significant misconduct and/or specific inadequate performance.
The written notice should identify the specific action(s) that warrant the written reprimand, the specific policies violated, and the correction the employee is expected to make. The employee is asked to acknowledge receipt of the reprimand by signing and dating the document. If the employee refuses to acknowledge receipt, a witness can sign and date the document stating the employee received a copy of this document. The original of the reprimand, with the employee’s, or witness’ signature, shall be sent to the Human Resource Office for placement in the employee’s official personnel file. Written reprimands cannot be grieved under the County’s Dispute Resolution Process.
3. Suspension: Suspension without pay is a severe disciplinary action administered by the supervisor, department head or elected official. A suspension is usually implemented after an oral and/or written reprimand have been given and the expectations of the supervisor/department head/elected official are not being met by the employee, or when an employee commits a serious violation of County policy. The length of the suspension will typically range from one (1) to five (5) work days, but may be longer involving more serious matters. Prior to deciding to suspend an employee a supervisor must provide that employee an opportunity to give his/her side in response to the charges.
The suspension without pay written notice shall include: 1) The effective date of the suspension including the time and date the employee is to report back to work; 2) Details of the incident(s) or action(s) warranting the disciplinary action including the policies, rules and/or standards violated as well as the dates and nature of previous direction such as verbal and written reprimands (if applicable); 3) A statement indicating the specific improvements expected; and 4) Notice that this action may be grieved under the San Juan County Personnel Policies and Procedures and the procedure and time limits contained therein. The employee is asked to acknowledge receipt of the suspension by signing and dating the document. If the employee refused to acknowledge receipt, a witness can sign and date the document stating the employee refused to acknowledge receipt, but received a copy of this document. The original of the suspension, with the employee’s or witness’ signature, shall be sent to the Human Resources Office for placement in the employee’s official personnel file.
4. Demotion/Termination/Dismissal: Demotion or termination is a severe disciplinary action administered by the supervisor, department head or elected official. Such an action usually occurs but is not required to occur when previous disciplinary steps have been taken and there has been inadequate change in the performance and/or behavior by the employee, or when an employee has committed a serious violation not appropriately address by lesser forms of discipline. Prior to deciding to recommend demotion or termination, a supervisor must provide that employee an opportunity to give his/her side of the story in response to the charges.
An employee that has fulfilled his/her orientation period that is recommended for demotion or termination from County employment shall be given a written statement setting forth the charges upon which the proposed demotion or termination is based. The statement shall include: 1) the effective date of the “notice of proposed demotion” or “suspension without pay pending termination”; 2) A statement detailing the incident(s) or action(s) warranting the discipline, including the policies, rules and/or standards violated as well as the dates and nature of previous supervisor direction such as verbal and written reprimands, and suspension (if applicable); 3) An explanation of the employee’s right to a hearing as provided by the San Juan County Personnel Policies and Procedures and the procedure and time limits contained herein; 4) A statement that the decision to demote or terminate will be based on the finding of the hearing.
The employee is asked to acknowledge receipt of the demotion/termination notice by signing and dating the document. If the employee refuses to acknowledge receipt, a witness can sign and date the document stating the employee refused to acknowledge receipt, but received a copy of this document.
The original of the demotion/termination notice, with the employee’s, or witness’ signature, shall be sent to the Human Resource Office for processing and placement in the employee’s official personnel file. NO DECISION TO RECOMMEND DEMOTION OR TERMINATION OF AN EMPLOYEE WILL BE MADE WITHOUT PRIOR CONSULTATION WITH THE HUMAN RESOURCES DIRECTOR.
5. Other Forms of Discipline: If a disciplining authority determines to issue an alternative form of discipline to those described about, the employee is entitled to the procedure that is most closely aligned to the discipline that is issued. The Human Resource Director will ultimately determine which procedure is most appropriate after giving due deference to the disciplining authority’s opinion as to the appropriate procedure.
C.Employee Good-Faith Reporting
1. General Policy: No employee may be subjected to any adverse action as that term is defined in the Utah Protection of Public Employee’s Act (UPPEA), currently codified at Utah Code § 67-21-1, et sea., because the employee communicates in good faith the waste or misuse of public funds, property, or manpower, a violation of a federal, state or local law, rule or regulation. Moreover, no employee may be subject to or refused to carry out a directive that the employee reasonably believes violates a federal, state, or local law, rule or regulation adopted by the federal, state, or local government.
2. Reporting: an employee may report such conduct by giving written notice or otherwise formally communicating the alleged conduct to (a) a person having authority over the alleged perpetrator, (b) the Utah attorney general’s office, (c) law enforcement (if the conduct is criminal in nature), or(d) a member of the Board of County Commissioner or the County Clerk/Auditor.
3. Copy of Statute: As required by UPPEA, a copy of the statute is attached as Appendix E.
