ARTICLE 7. CORRECTIVE
ACTIONS
EFFECTIVE DATE: 05/04/98
RULE 703. TYPES AND EFFECTIVE DATE
OF
REVISED DATE:
DISCIPLINE: PRE-DISCIPLINARY MEETING
A. TYPES OF DISCIPLINARY ACTIONS:
Disciplinary action may take various forms, ranging from verbal or written reprimands to suspension, 1. VERBAL COUNSELING (ALSO, VERBAL REPRIMAND): A verbal
reprimand is
considered to be the least severe of all disciplinary actions. It is a means
by which a supervisor
makes an employee aware of deficiencies in work performance
and/or a violation of policy,
procedure or these Rules. A record of a verbal
counseling may be made and included in the
employee's personnel file.
2. WRITTEN REPRIMAND: A Division Head may issue a written reprimand (which
may also
be known as a warning) to admonish an employee for serious or repetitive
improper performance
or conduct. The reprimand shall contain the specifics of the
improper performance or conduct,
any dates of verbal counseling issued, if known,
and the corrective actions the employee is to
take. The reprimand shall be identified
as a written reprimand. A copy of the written reprimand,
with the employee's
acknowledgment of receipt, shall be placed in the employee's official
personnel file
(located in the Court Administrator's Office). If the employee believes the
reprimand
to be unfair, inaccurate or inappropriate, the employee may place a
statement outlining his/her
position regarding the incident leading up to the letter of
reprimand in his/her official personnel
file (located in the Court Administrator's
Office). A written reprimand is not grievable or
appealable.
3. SUSPENSION:
a. A suspension is considered to be a significant disciplinary action and may be
used by a
Division Head for more serious incidents or repetitions of improper
performance or conduct.
b. A Division Head may, upon written notice, suspend without pay a regular
employee for a
disciplinary reason for a period not to exceed thirty (30)
working days. Such written notice
shall contain the factors and/or dates of
any oral or written warnings issued, and the effective
date and duration
(number of days) of the proposed action.
c. Prior to being suspended as provided by these Rules, a regular employee
against whom
such action is proposed shall be provided with a pre-disciplinary review as provided for in
Rule 703(D).
4. DEMOTION:
a. A demotion for a disciplinary reason is considered to be a significant
disciplinary action and
may be used for more serious incidents or repetition
of improper conduct or performance.
b. A regular employee may be demoted by a Division Head after having been
provided
documentation as described in Rule 703(A)(3)(b) above.
c. Prior to being demoted as provided for by these Rules, a regular employee
against whom
such action is proposed, shall be provided with a pre-disciplinary meeting as provided for in
Rule 703(D).
5. DISMISSAL:
a. A dismissal for a disciplinary reason is the most significant disciplinary
action and may be
used for the most serious incidents or repetitions of
improper performance or conduct.
A Division Head may dismiss a regular
employee for a disciplinary reason.
b. Prior to the effective date of the proposed dismissal, the employee against
whom such action
is proposed shall be provided with written notice of the
proposed action. Such notice may
be served personally or by certified
mailing and shall contain the facts or circumstances
giving rise to the
proposed action including the dates of any previous formal or informal
disciplinary action, and the effective date of the proposed dismissal.
c. Prior to being dismissed, as provided for by these Rules, a regular employee,
against whom
such action is proposed, shall be provided with a pre-disciplinary review as provided for in
Rule 703(D).
B. NOTICE OF DISCIPLINARY ACTION:
The notice served as provided by Rules 703(A)(3)(4) or (5) may be delivered personally or
by
certified mailing. Notice shall be deemed complete upon receipt by the employee.
C. EFFECTIVE DATE OF DISCIPLINARY ACTION:
The demotion, suspension or dismissal of an employee shall be effective on the date
indicated in the
notice provided the employee without regard to the employee's right of
appeal to the Presiding Judge.
D. PRE-DISCIPLINARY MEETINGS:
1. When it is intended that a regular employee be disciplined by a suspension, administrative
suspension without pay, involuntary demotion or dismissal, a pre-disciplinary
meeting shall be
held. The affected employee is entitled to written notice of the
charges against him/her. The
notice shall specifically state the grounds for which
discipline is being considered, including an
explanation of the evidence underlying
the grounds.
2. The Division Head or a designated division representative shall meet with the employee.
3. At the pre-disciplinary meeting, the Division Head or designee shall review the
charges against
the employee leading up to the proposed disciplinary action. The
employee shall then have an
opportunity at the meeting to respond either orally or in
writing to the charges and/or to rebut
the evidence for proposed discipline. The
employee shall also be given the opportunity to have
witnesses present to provide
statements or to present written statements from any witnesses
who have personal
knowledge of any facts surrounding the charges made. The employee shall
not be
represented by legal counsel at the pre-disciplinary hearing.
4. Any relevant information presented by the employee regarding the proposed action
shall be
considered. The Division Head or designee shall decide following the
meeting to continue with,
modify or revoke the proposed action. If the recommendation and final action are, adverse to
the employee, the employee may appeal the
action using the appeals procedure specified in Rule
603.
5. If a Division Head determines that it is in the best interest of the Court, an employee
may be
placed on administrative leave with pay pursuant to Rule 407 prior to or after
the pre-disciplinary
meeting.