C.
The
supervisor must be fair and considerate with each employee, and treat all
employees consistently and equally.
Ignoring discipline is not a good business practice and will only lower
the morale of co-workers who perform satisfactory work. The application of fair and reasonable
discipline will assist the supervisor and the department in upholding
discipline in appellate procedures.
However, discipline imposed arbitrarily or inconsistently is
unacceptable and must be avoided.
D.
One
of the major causes of a “problem employee” and the need for disciplinary
action is poor communication between the supervisor and the employee. Effective communication is the responsibility
of the supervisor, and all employees must be fully aware of what is expected of
them and how well they are meeting those expectations. The supervisor must ensure the
employee understands the goals, job duties and expectations of the employee’s
position, as well as City rules and regulations and those of the
department. Failure to perform or abide
by those specified rules might subject the employee to some form of
disciplinary action. One of the ways of
communicating what is expected of employees is through the performance
evaluation.
E.
Supervisors
should periodically meet with the employee to ascertain if work-related
problems exist and provide constructive ways to improve job performance if
needed. Employees should be encouraged
to communicate their ideas or suggestions for improving their work environment.
F.
Supervisors
will be evaluated as to whether they have implemented these progressive
disciplinary guidelines in their department in an effort to improve the
performance of their employees as needed.
II.
ROLE OF THE EMPLOYEE:
A.
Employees
should have in their possession a copy of the City’s Progressive Disciplinary
Guidelines. Additionally, employees are
encouraged to meet with their supervisor(s) in an effort to fully understand
these guidelines and what is expected of them as it relates to their job duties
and responsibilities.
B.
Questions
regarding these guidelines can be additionally directed to the Office of Labor
Relations.
C.
All
new employees covered by this policy entering employment in the City of Miami
will receive a copy of these guidelines from the Department of Human
Resources in their orientation package.
III.
DISCIPLINARY ACTION:
A.
When
disciplinary action is taken, the objectives should include:
1.
To
clarify job expectations and enhance open lines of communication between
employee and supervisor.
2.
To
correct and improve the employee’s job performance;
3.
To
prevent re-occurrences and discipline of a more progressive nature; and
4.
To
deter other employees from committing similar offenses.
Other important considerations should include:
5.
The
consistent application of a level of disciplinary action for the same or similar
violation committed by any employee.
6.
A
review of the past record and previous similar disciplinary actions in
considering the degree of disciplinary action to be taken.
7.
Determination
as to whether all other corrective measures have been taken and proven unsuccessful
before assessing disciplinary action of a more progressive nature, including
dismissal.
8.
Discharge
action should always be taken promptly, without undue delay following a
complete, detailed analysis of the facts or investigation of the violation.
IV.
INVESTIGATIONS AND DOCUMENTATION:
A.
Discipline
should be imposed only after investigating the alleged violation(s). Investigations are to be performed
objectively and only to determine facts of an occurrence. Based on the investigative results, discipline
may or may not be warranted. A thorough
investigation of all facts will gather evidence upon which a decision can be
made. Making a disciplinary decision
without all the facts can be costly, as the decision may not stand up upon
appeal by the employee.
B.
Investigations
should be initiated immediately upon knowledge of any violation and continue
until all the facts have been gathered.
Witnesses, if any, should be immediately contacted and interviewed to
insure information relayed is timely and accurate. All aspects of any investigation should be
fully documented.
C.
It
is important the investigation be thorough and prompt. When a breach of a rule or regulation also
involves a possible criminal offense, the City Manager or his/her designee and
the Miami Police Department should be immediately notified as an investigation
by a department may jeopardize a criminal investigation.
V.
APPLICATION OF DISCIPLINE:
When
administering discipline, various factors should be considered in determining
the appropriate level of discipline.
These factors may include, but are not necessarily limited to, the
nature of the offense, whether the act was accidental or deliberate, time
intervals between offenses, effectiveness of previous disciplinary actions,
employee’s past record, willingness of the employee to improve, overall work
performance, and disciplinary actions taken against employees with similar
offenses.
VI.
COUNSELING:
The
initial steps to improve employee performance involve counseling.
A.
INFORMAL COUNSELING:
1. Informal
counseling is considered to be a prelude to formal counseling. It is the responsibility of the appropriate
supervisor to verbally counsel employees
when necessary to improve performance and attempt to avoid the need for
disciplinary measures. Informal counseling
is not recorded on any official City form; however, the supervisor for future
reference should maintain informal documentation.
B.
FORMAL COUNSELING
1.
If
informal counseling fails to improve the employee’s performance and/or
behavior, the supervisor should conduct formal counseling. Expected performance and adherence to rules,
policies, and procedures should be discussed.
Actions that may be taken if performance or adherence to specified
policies/procedures does not improve should be fully explained, and a
reasonable time for corrective action should be established.
2.
Upon
the completion of a formal counseling session, a Record of Counseling form
shall be completed. The Record of
Counseling form will provide a section for employee comments. The employee and supervisor are required to
sign the form. The employee, the
employee’s file in the Department of Human Resources, and the employee’s
departmental file maintain copies.
Both
informal and formal counseling should be considered as efforts to improve performance
and thereby avoid the necessity of discipline.
These counseling sessions should be considered the precursor of
progressive discipline and should, in most cases, precede any future
disciplinary actions. When disciplinary
action is warranted regarding activities upon which the employee has been
counseled, these counseling sessions can be taken into consideration when, or
if, disciplinary action is warranted.
However, if an employee commits a serious offense and should receive
immediate discipline, counseling is not a prerequisite.
VII.
TYPES OF DISCIPLINARY ACTION:
A.
WRITTEN REPRIMAND:
1.
When
an employee fails to improve his/her conduct or performance after being
formally counseled, a written reprimand should be given.
2.
A
written reprimand is the initial and formal act of discipline that shall become
a part of the employee’s personnel file.
Written reprimands should include a complete description of the
incident(s) of unacceptable behavior or performance and refer to specific times
(if applicable), dates, locations, and personnel involved. A written reprimand should also contain
prescriptive courses of action with specified time frames in which the employee
in question is to modify his/her unacceptable behavior or performance. Every reprimand must include the following
statement:
“You are advised that you may
respond to this memorandum in writing within five (5) working days. Your response, when presented to me, will be
stapled to this memorandum.”
3.
Written reprimands are to be signed and
acknowledged by the Department Director and by the employee. In cases where an employee refuses to
acknowledge the receipt of a reprimand, a witness is required to attest to the
fact that the employee was given the written reprimand but refused to sign
name.
4.
A
written reprimand, and an employee’s response, if applicable, are to remain in
the employee’s departmental file and his/her file in the Department of Human
Resources. Written reprimands older than
three (3) years shall not be considered in determining further disciplinary
action unless the employee has exhibited a pattern or a reoccurrence of a same
or similar infraction. Written
reprimands shall have a cumulative effect and may be grounds for more serious
disciplinary action in the future.
B.
SUSPENSION:
1.
The
purpose of a suspension is to make the employee realize how serious the
infractions or violations are, and to impress upon the employee the
consequences of repeated violations.
2.
In
situations where an employee continues to commit offenses for which the
employee has been counseled and/or has received a written reprimand, or in
specific cases where the nature of the violation is serious, the employee may
be suspended for a specified period of time as determined by the seriousness of
the offense.
3.
Suspensions should be given for the following:
a)
For
second offenses when a written reprimand has not corrected the employee’s
behavior or performance, and the employee violates the same or similar rule or
commits the same or similar offense.
b)
For
the first offense of a serious nature and when the circumstances surrounding
the incident do not justify discharge.
4.
The
offense need not have any serious result.
The possibility of serious injury or consequences to others or liability
to the City may be such that the supervisor cannot risk the employee committing
the same offense again.
5.
If
a suspension is for more than one day, it shall occur on consecutive working
days. A suspended employee may not be
allowed to make up time and/or wages, which were lost as a result of the
suspension.
6.
A
suspension is considered a means of progressive disciplinary action. Violation of departmental and City rules and
regulations, and applicable labor agreements, shall be taken into consideration
in determining the length of the suspension.
VIII.
DEMOTIONS:
A.
Demotions
are appropriate when an employee is unable to perform assigned work
satisfactorily but would be a satisfactory employee on a job requiring less
skill, knowledge and abilities.
Demotions are seldom to be given for isolated rule violations but could
be if the violation rendered that employee ineffective at that position.
B.
Decisions
as to the possibility of demotion as well as its effect upon pay, seniority,
and other such matters are to be determined by the Director of the Department
of Human Resources.
IX.
DISMISSALS:
A.
A
dismissal is the final and most severe form of discipline administered. An employee may be dismissed from City
employment when he/she has been previously disciplined, usually by a
suspension; for un-remedied behavior; repetition of serious offenses; or the
first occurrence of an extremely serious offense. Dismissal need not follow the progression of
a demotion.
X.
NOTICE OF DISCIPLINARY ACTION:
A.
A
written notice of suspension, demotion or dismissal should include a complete
description of the incident(s) of unacceptable behavior or performance and
refer to specific times (if applicable), dates, locations, and personnel
involved.
B.
Such
notice should specify any appropriate departmental rule violations, Civil
Service Rule violations and/or violation of applicable labor agreement
provisions.
C.
Prior
to the issuance of any notice of disciplinary action, the Law Department and
the Office of Labor Relations should review such notice.
XI.
LABOR/MANAGEMENT COMMITTEE ON DISCIPLINE:
A.
The
AFSCME Summit will establish a Labor/Management Committee on Discipline with
representatives from various City departments and the union. A copy of all written reprimands,
suspensions, demotions, or dismissals affecting employees to whom the policy
applies shall be promptly forwarded to this Committee. This Labor/Management Committee is not an
investigative Committee. This Committee
shall only review disciplinary actions and advise departments as to their adherence
to these guidelines and make recommendations to ensure consistency in
application by all City departments.
XII.
TRAINING:
A.
All
supervisors with the responsibility to administer discipline are to be provided
with training on these Guidelines and how discipline is to be administered in a
consistent and progressive manner. This
training will be provided in conjunction with the Office of Labor Relations and
the Law Department.
The
Progressive Disciplinary Guidelines Policy is in no way intended to override or
supersede the labor agreement in effect or Civil Service Rule 14 as it relates
to dismissals, suspensions, demotions and resignations, but is intended to
compliment it. For employees’ rights of
appeal to the Civil Service Board, refer to Civil Service Rule 14, Section 14.3
or the Grievance Procedure in the AFSCME labor agreement.
