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Saratoga Draft Disciplinary Procedures

Saratoga Draft Disciplinary Procedures

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Published by David Lombardo
Draft version of changes to disciplinary procedures
Draft version of changes to disciplinary procedures

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Published by: David Lombardo on Aug 06, 2013
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12/09/2015

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City of Saratoga Springs’ Employee Handbook Title: Disciplinary Policy and Procedure Date of Origin: June 20, 2005 R e s p o n s i b l e P a r t y : H u m a n R e s o u r c e s Ad m i n i s t r a t o r Date

of Review : Annual

Title: Disciplinary Policy and Procedure Policy: The City of Saratoga Springs (City) implements a Disciplinary Policy whereby employees not performing 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 This Policy Disciplinary and Procedure are necessary for will help to promoteing a fairness, consistent, and systematic approach to in dealing with disciplinary issues employees who may be subject to discipline. This Disciplinary Policy is subject to any applicable disciplinary provision(s) contained in a collective bargaining agreement between the City and any Employee organizations, as well as any rights provided Employees by New York State Civil Service Law, Section 75. Employees shall have the right to Union representation, or a private attorney at their own expense, throughout the disciplinary process. Disciplinary Procedure: 1. No employee will be dismissed for a first act of misconduct, except in the case of gross misconduct when where the penalty may be dismissal without prior notice or warning(s). All Civil Service Permanent Competitive positions are entitled to a Section 75 Hearing. Examples of misconduct include, but are not limited to: o A pattern of lateness or absenteeism, including sick leave misuse or abuse. o Unsatisfactory job performance, including work errors. o Failure or refusal to carry out reasonable supervisory instructions (insubordination). o Workplace theft. o Workplace threats or acts of violence. o Substance abuse in the workplace. NOTE: The above examples may or may not be considered examples of gross misconduct. 2. Should If disciplinary action against an employee be is warranted, it must should be implemented as soon as possible after the disciplinary sanction act or omission has been determined. The collective bargaining agreements and/or New York State Civil Service Law, Section 75, define the timeframe. Counseling Memorandums, Notices of Warning and Disciplinary Notices, which are kept in the Employees’ Personnel File, should be reviewed by Department Head and/or designee when deciding what disciplinary action or penalty may be appropriate. The Department Head and/or designee shall work with the Human

Resources Administrator and/or City representative in discussing and/or drafting the proposed disciplinary charges and proposed penalty. 3. Department Heads shall contact the Human Resource Administrator for all disciplinary meetings with Employees. Employees shall have the right to Union Representation. Examples of misconduct include but are not limited to: • A pattern of lateness or absenteeism Work errors, unsatisfactory performance • • Failure or refusal to carry out reasonable instructions given by supervisors • Acts of insubordination 3. A pre-disciplinary meeting is scheduled to discuss the proposed disciplinary charges and one or more of the following options may apply: Following the Department Head’s decision to discipline the employee after the disciplinary meeting, written confirmation by the Human Resource Administrator will be issued and include: • • • • • • • • • • • the precise details of employee misconduct required improvement in conduct or performance a warning that further action will be taken if same conduct is continued

There is insufficient justification to support discipline and the proposed disciplinary charges are dropped. A verbal warning may be issued to the employee. A Counseling Memorandum may be issued to the employee in lieu of discipline. A Written Warning may be issued to the employee. The Warning will include the details of the employee’s misconduct, the required improvement in conduct or performance, and a warning that further disciplinary action may be taken if similar conduct continues. The disciplinary matter is settled and a Stipulation of Settlement is drafted and signed. The disciplinary matter is not settled and formal disciplinary charges are issued to the employee with a proposed penalty. The matter may still be settled after formal disciplinary charges have been issued to the employee. If the matter cannot be settled, it is brought before a Hearing Officer for adjudication.

NOTE: If a part of this policy conflicts with a collective bargaining agreement, the bargaining agreement supersedes. only to the extent of the conflict. Human Resources Administrator: City Council approved 06/20/05 Amended

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