S E C T I O N 5 0 0 :
P E R F O R M A N C E
E V A L U A T I O N S ,
D I S C I P L I N A R Y A
C T I O N ,
C O M P L A I N T / G R I E V A N C E
R E S O L U T I O N ,
E M P L O Y M E N T T E R M I N A T I O N
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Subsection .100: Disciplinary Action
500.100 Disciplinary Action
This section on disciplinary action is intended for the guidance of managers and/or supervisor and may be applied in THE SOLE DISCRETION OF THE DISTRICT. It is not intended that it shall form a contract between the District and its employees. Rather, it describes the District’s general philosophy concerning discipline and termination decisions. Should it be determined by the District that action should be taken regarding an employee, the District may pursue the following process at its discretion in order to correct the behavior and/or protect the interests of the District.
THIS SECTION ON DISCIPLINARY ACTION DOES NOT ALTER THE AT-WILL STATUS OF EACH EMPLOYEE. A supervisor or manager is not required to move through all steps before suspension without pay pending discharge or termination of any employee.
Disciplinary action is generally progressive and may be used, in the District’s sole discretion, to encourage the Employee to correct his/her performance. Disciplinary action should occur only when an employee engages in inappropriate behavior which is in conflict with the best interest of the Library District or when an employee’s performance is substandard. The object of disciplinary action is to achieve correction and avoid reoccurrence, rather than being punitive in intent. This policy should not be construed as preventing, limiting or delaying the District from taking disciplinary action against an employee at any point in the procedure, including termination without prior warning as the District deems appropriate in its sole discretion.
Factor that may be considered for giving oral or written warnings include:
a. How many different offenses are involved
b. Seriousness of the offense
c. The time interval and employee response to prior disciplinary action
d. Previous work history of the employee
1. Oral Warning: An oral warning may be given for minor work performance or behavior problems. At least one oral warning may be made by the employee’s immediate supervisor and a record of the discussion of the problem(s) with the employee will be kept by the supervisor.
2. Written Warning: For more serious work performance and behavior problems, or repeated minor problems, a formal, written warning to correct an unacceptable practice, known as a “Notice of Unacceptable Performance” may be made by the supervisor. Except in serious cases, this written warning may have been preceded by at least one oral warning from that supervisor. The written warning may include a designated period of time during which unsatisfactory performance or behavior is expected to improve.
a. Approval for such written warning must be obtained from the Director and the written warning discussed with the employee.
b. A copy of the warning will be submitted to the employee and the original placed in the employee’s personnel file.
c. An employee will have the right to write his/her own statement regarding the situation under discussion and have it added to his/her personnel file.
3. Final Warning: This may follow a written warning, or be issued on the first offense involving a very serious problem. As with other warnings, the final warning may refer to prior warnings that the employee may have received and set forth the consequences that may occur if immediate and sustained improvement is not demonstrated by the employee.
4. Suspension: This may be used when an employee’s behavior may result in disciplinary action, or where the employee has been engaging in a pattern of poor performance or undesirable behavior, and prior warnings have failed to correct the employee’s problems. The employee is relieved of his/her job assignment and will forfeit pay lost as a result of the suspension. Suspensions will be documented and the consequences of further infractions set forth clearly in the suspension notice. The length of suspension may vary and must be approved by the Director.
500.110 Dismissal
All employees of Stevens
County Rural Library District are hired for an indefinite period of time. THE EMPLOYMENT RELATIONSIHIP BETWEEN THE EMPLOYEE
AND
1. A regular employee may be dismissed with neither notice or pay in very serious cases. For dismissal, after written warning, employees may be given either written notice or pay in the amount of fourteen (14) calendar days for nonexempt employees and thirty (30) calendar days for exempt employees.
2. An employee in the orientation/introductory period may be dismissed as follows:
a. An employee who is new or has been rehired by the Library District who is dismissed during the orientation/introductory period may receive written notice five (5) calendar days prior to the effective date of such dismissal or pay in lieu of notice.
b. An employee who is in the orientation/introductory period following promotion to a new position of higher classification who is dismissed may receive fourteen (14) calendar days written notice or given pay in lieu of notice if nonexempt and thirty (30) calendar days written notice or pay in lieu of notice if exempt.
3. The director must approve all suspensions or dismissals.
500.120 Disciplinary Action and Dismissal - Employee Conduct
The following listing of employee conduct that may result in disciplinary action, including dismissal, is not intended to be all-inclusive but rather to serve as guidelines for employees, managers and supervisors. The District reserves the right to take any disciplinary action, including termination, that the District feels is appropriate, in it’s sole discretion, with respect to any employee regardless of whether or not the particular conduct of that employee is set forth below.
Conduct which may result in disciplinary action including termination includes, but it not limited to, the following (not listed in order of severity):
1. Unauthorized leave.
2. Misrepresentation of facts concerning absence from work.
3. Destruction or theft of Library District property.
4. Unauthorized use of Library District supplies or equipment.
5. Falsification of application for employment, employee records, or any other Library District reports or records.
6. Insubordination.
7. Misconduct.
8. Misfeasance.
9. Malfeasance.
10. Illegal acts.
11. Neglect of duty.
12. Inefficiency or incompetency.
13. Inability to perform assigned duties satisfactorily due to physical or mental condition after reasonable accommodation has been made, if possible.
14. Abandonment of position.
15. Abusiveness of customers.
16. Exerting disruptive influence on the work team.
17. Actions or statement which reflect negatively on the Library District.
If, in the employee’s opinion, the disciplinary action taken is arbitrary, capricious, or unwarranted, the employee is invited to utilize the steps outlined in the Grievance Procedure.
500.130 Disciplinary action for exempt employees
Employees exempt from the overtime requirements of the Fair Labor Standards Act shall not have their predetermined salary reduced during a workweek in which they performed except for infractions of safety rules of major significance intended to prevent serious danger to the workplace, to other employees, or to the public.
500.140
The Director shall develop a progressive discipline procedure which addresses initiating and handling disciplinary action.