City of Saratoga Springs’ Employee HandbookTitle: Disciplinary Policy and ProcedureDate of Origin: June 20, 2005Responsible Party: Human Resources Administrator Date of Review: AnnualTitle: Disciplinary Policy and Procedure
The City of Saratoga Springs
implements a Disciplinary Policy whereby employees notperforming job duties will be disciplined
are subject to discipline for incompetency and/or misconduct.
Notice of Verbal Warning and Employee Counseling Memos are available for Department Heads in the Human Resource Office. The
Procedure arenecessary for
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systematic approach to
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employees who may be subject to discipline. This Disciplinary Policy issubject to any applicable disciplinary provision(s) contained in a collective bargainingagreement between the City and any Employee organizations, as well as any rights providedEmployees by New York State Civil Service Law, Section 75. Employees shall have the rightto Union representation, or a private attorney at their own expense, throughout thedisciplinary process.
No employee will be dismissed for a first
misconduct, except in the case of grossmisconduct when
the penalty may be dismissal without
. AllCivil Service Permanent Competitive positions are entitled to a Section 75 Hearing.
Examples of misconduct include, but are not limited to:
A pattern of lateness or absenteeism, including sick leave misuse or abuse.
Unsatisfactory job performance, including work errors.
Failure or refusal to carry out reasonable supervisory instructions(insubordination).
Workplace threats or acts of violence.
Substance abuse in the workplace.
NOTE: The above examples may or may not be considered examples of gross misconduct.2.
disciplinary action against an employee be
warranted, it must
be implementedas soon as possible after the disciplinary sanction
act or omission
has been determined.
Thecollective bargaining agreements and/or New York State Civil Service Law, Section 75,define the timeframe. Counseling Memorandums, Notices of Warning and DisciplinaryNotices, which are kept in the Employees’ Personnel File, should be reviewed byDepartment Head and/or designee when deciding what disciplinary action or penalty maybe appropriate. The Department Head and/or designee shall work with the Human