Page 1 f 6 Subject: Plicy and Prcedure Regarding Prgressive Disciplinary Actin Plicy Date Develped: 7/01/06 Date(s) Reviewed/Revised: 5/4/10 PURPOSE: T define BAMSI s plicy n Prgressive Disciplinary Actin and t establish guidelines fr the implementatin f the Disciplinary Actin Prcess. POLICY: T identify and crrect emplyee perfrmance prblems and behavir as they ccur s that the efficiency and integrity f the rganizatin will nt be adversely affected. SCOPE: This plicy is applicable t all regular full-time and part-time emplyees, excluding the Chief Executive Officer and emplyees wh have nt successfully cmpleted their initial rientatin perid. GUIDELINES: 1. Each supervisr is respnsible fr prviding training, supervisin, and cmmunicatin f jb expectatins t emplyees, as well as fr ensuring cmpliance with the guidelines utlined in this plicy. 2. The Prgressive Disciplinary Actin Prcess shall cnsist f the fllwing steps: Step 1: Verbal Warning is a supervisry actin taken when an emplyee fails t perfrm the respnsibilities f his/her psitin in accrdance with established prtcl and/r plicy.
Page 2 f 6 Subject: Plicy and Prcedure Regarding Prgressive Disciplinary Actin Plicy Date Develped: 7/01/06 Date(s) Reviewed/Revised: 5/4/10 Step 2: Written Reprimand is an actin taken by a supervisr when an instance f a repeated lesser infractin previusly addressed by a verbal warning r serius miscnduct ccurs. Serius miscnduct is any infractin that adversely impacts the care, well-being, and treatment f persns served and/r prgram peratins. An emplyee with mre than tw written reprimands wuld warrant terminatin (see Step 4 Terminatin). A written reprimand must be dcumented n the Disciplinary Reprt Frm as nted in #5. Step 3: Suspensin: There are tw types f suspensins that may be utilized as utlined belw: Suspensin withut pay may be impsed fr a perid f time when ne f the fllwing circumstances ccurs: An incident f serius miscnduct, as described in #8, r a lesser infractin previusly addressed by a written reprimand is repeated. These ccurrences may result in a suspensin withut pay f three (3) regularly scheduled wrkdays. An emplyee fails t meet the training and/r licensing (prfessinal and/r driver s) requirements f psitin. This may result in a suspensin withut pay f n mre than thirty (30) calendar days. A serius allegatin f miscnduct is made by persns served, families f persns served, ther emplyee(s), etc., which are admitted by the emplyee and/r substantiated t the satisfactin f the Chief Operatins Officer (COO) r designee r when further investigatin r fact-finding is warranted r required by an utside regulatry agency. This may result in a suspensin f up t r mre than thirty (30) calendar days. Written ntice will be frwarded t the emplyee within three (3) business days f the date f suspensin. Bargaining unit members shall have a unin bserver present during fact-finding, as lng as arranging fr such des nt interfere with the timely cnduct f that meeting. In the event an emplyee is exnerated by
Page 3 f 6 Subject: Plicy and Prcedure Regarding Prgressive Disciplinary Actin Plicy Date Develped: 7/01/06 Date(s) Reviewed/Revised: 5/4/10 an investigatin r fact-finding, his/her emplyment will be reinstated and cmpensatin fr any lss f pay will be issued t the emplyee. Shuld an emplyee nt be exnerated by an investigatin r fact-finding, his/her emplyment may be subject t immediate terminatin. Suspensin with pay is utilized when serius allegatins f miscnduct are made, but denied by the emplyee. During a perid f suspensin with pay, an internal investigatin must be cnducted, the utcme f which will be dcumented and frwarded t the COO. BAMSI reserves the right t reassign emplyees during an investigatin perid, whenever apprpriate. Failure t accept a reassignment by the emplyee during an investigatin perid shall result in suspensin withut pay. Upn cnclusin f an investigatin, the COO must make a determinatin t either allw the emplyee t return t nrmal r restricted duty, r t take crrective actin, which may include required training, psitin transfer, written reprimand, suspensin withut pay, r terminatin. Failure t cmply with a crrective actin may result in suspensin withut pay and/r terminatin. Fr suspensins with and withut pay, managers and/r management supervisrs must dcument the reasns fr suspensin n the Disciplinary Reprt Frm and frward t the Vice President f Human Resurces, Vice President f Operatins, r COO fr apprval. If the suspensin is apprved, the Disciplinary Reprt Frm/written ntificatin will be prvided t the emplyee within three business days f the suspensin. Step 4: Terminatin invlves the permanent separatin f an emplyee frm BAMSI when an incident(s) f serius miscnduct has been substantiated beynd a reasnable dubt, as determined by the COO r designee r any further perfrmance infractin that
Page 4 f 6 Subject: Plicy and Prcedure Regarding Prgressive Disciplinary Actin Plicy Date Develped: 7/01/06 Date(s) Reviewed/Revised: 5/4/10 wuld warrant a third written reprimand. The emplyee s immediate supervisr r nextlevel management supervisr must submit a Disciplinary Actin Frm fr terminatin t the Vice President f Operatins r Vice President f Human Resurces fr review and apprval. The frm must summarize, in detail, the reasn fr terminatin and must include any preceding events and/r disciplinary actins that may have ccurred. If a recmmendatin fr terminatin is apprved, the supervisr may prvide verbal ntice f terminatin t the emplyee, but all letters f terminatin will be cmpsed and frwarded by the Vice President f Human Resurces r designee. 3. Depending n the circumstances f the ffense and/r perfrmance infractin, any f the abve steps may be repeated, mitted, r taken ut f sequence. Each case will be cnsidered n an individual basis by the management supervisr in cnjunctin with the Vice President f Human Resurces. 4. Any disciplinary actin invlving a verbal warning, written reprimand, suspensin, and/r terminatin must be taken within furteen (14) calendar days fllwing the date the supervisr first became aware f the identified incident/prblem. 5. A Disciplinary Reprt Frm must be cmpleted by the emplyee s supervisr and reviewed by the next-level management supervisr r the Vice President f Human Resurces, prir t meeting with the emplyee. Once the Disciplinary Reprt Frm has been reviewed and signed by the emplyee, a cpy will be given t the emplyee and the riginal will be frwarded t the Vice President f Human Resurces fr inclusin in the emplyee s persnnel file. In the event an emplyee is unavailable t sign and/r refuses t sign the Disciplinary Reprt Frm, he/she shuld be infrmed that his/her signature nly acknwledges receipt and des nt indicate agreement with the actin. If cntinued refusal ccurs, the supervisr must nte n the disciplinary reprt frm that a cpy was given t the emplyee, but he/she refused t sign it.
Page 5 f 6 Subject: Plicy and Prcedure Regarding Prgressive Disciplinary Actin Plicy Date Develped: 7/01/06 Date(s) Reviewed/Revised: 5/4/10 6. Members f the AFSCME bargaining unit shall be given seventy-tw (72) t ne hundred twenty (120) hurs advance verbal ntice f a disciplinary meeting and will be infrmed f the reasn(s) fr such actin and the right t have unin representatin at a disciplinary meeting. It is the emplyee s respnsibility t ntify and arrange fr the unin representative t be present at a scheduled disciplinary meeting. Written ntice cncerning a scheduled disciplinary meeting, including date, time, place, and reasn fr meeting will be sent t the emplyee immediately after verbal ntice has been given. Advance ntice t nn-bargaining unit emplyees f a disciplinary meeting is recmmended but nt required. Nn-bargaining unit emplyees have the right t have an bserver present at a disciplinary meeting. 7. In the event an emplyee cmpletes six mnths f satisfactry wrk perfrmance withut any further reprimand(s) (i.e., verbal, written, r suspensins), the Disciplinary Reprt Frm(s) will be remved frm his/her persnnel file. 8. In the event f serius miscnduct and/r ther infractins, an emplyee may be suspended and/r terminated n the first ffense. Such serius miscnduct includes, but is nt limited t, the fllwing: Pssessin, use, sale, r purchase f unprescribed drugs and intxicants at the wrk site and/r during the wrk perid; wrking under the influence f alchl, illegal drugs, r intxicants The theft, misapprpriatin, r embezzlement f funds, equipment, r ther tangible prperty belnging t r in the care f the agency Destructin f agency prperty, including a mtr vehicle, r injury t persns served and/r pedestrians that is a result f negligent mtr vehicle peratin Sleeping n the jb
Page 6 f 6 Subject: Plicy and Prcedure Regarding Prgressive Disciplinary Actin Plicy Date Develped: 7/01/06 Date(s) Reviewed/Revised: 5/4/10 Fighting n the wrk premises, including the assault and/r battery f persns served, emplyees, r the general public while perfrming ne s duties Recrd falsificatin r alteratin, including emplyment, payrll, and benefit recrds Disclsure f cnfidential infrmatin pertaining t persns served Unauthrized pssessin r cncealment f weapn(s) while n agency premises Intentinally malfeasant, negligent, r insubrdinate behavir Due t the advent f autmated data management and infrmatin prcessing systems, negligent r intentinal misuse by emplyees f such systems is an extremely serius vilatin f an emplyee s jb respnsibilities. Disciplinary actin may result in cnsequences up t and including immediate terminatin when misuse f such systems includes the fllwing: Accessing infrmatin that is nt relevant t an emplyee s assigned task Deleting r altering f infrmatin withut authrizatin Generating false, misleading, r defamatry infrmatin Using infrmatin retrieved frm a system fr persnal r any ther unauthrized use 9. Appeal Prcess Emplyees have the right t appeal a disciplinary actin taken by submitting a frmal grievance as utlined in the agency s Emplyee Grievance Plicy (fr nn-unin emplyees) r the Cllective Bargaining Unit Agreement (fr unin emplyees). 10. The Vice President f Human Resurces shuld be cntacted when guidance and/r advice regarding disciplinary actin and its prcess is needed.