CITY
OF MAUMEE
DISCIPLINARY PROCEDURE
SCOPE OF POLICY
This disciplinary policy shall apply to the discipline of an employee to the extent that another disciplinary policy applicable to such employee is not set forth in the charter, an ordinance of Council, a rule of the Civil Service Commission, or a collective bargaining agreement.
PROGRESSIVE
DISCIPLINE
Discipline
will normally progress through the steps of a progressive corrective action
policy, as listed below. However,
for relatively minor offenses, any level of discipline may be repeated.
For more serious offenses (such as theft, falsification, assault, etc.),
levels may be passed over and the discipline initiated at any level depending on
the nature and severity of the offense.
The
five (5) step progressive corrective action steps are:
1. Verbal reprimand;
2. Written reprimand;
3. Minor suspension (five days or less);
4. Major suspension (more than five days);
5.
Demotion, or discharge.
Each
person may review his or her permanent file upon request and may have a copy of
any information contained therein. Any
negative commends concerning an employee which are intended for inclusion in a
personnel file shall be copied and given to the employee prior to being placed
in the employee’s file. The
employee has a right to prepare a written response to a negative comment and to
have the response placed in his or her permanent personnel file.
When
a complaint is made against an employee, the immediate supervisor of the
employee shall investigate the complaint and determine whether grounds exist for
the filing of a charge against the employee.
If necessary to maintain public confidence in the integrity of the
disciplinary process, the Mayor may designate a person to conduct the
investigation and report his or her findings to a person higher in the
employee’s chain of command for appropriate action.
The complaint shall be reduced to writing and the employee against whom
the complaint has been made shall have a right to be notified of the complaint
within three days of the making of the complaint and shall have the right to
review the written complaint.
The
complaint shall be investigated promptly. Findings
of the investigation of complaints shall conclude with the following:
1.
Unfounded-The investigation proved that the acts alleged did not occur or
that the individual charged was not involved in the alleged acts.
2.
Exonerated-The acts which provided the basis for the investigation
occurred in substantially the manner alleged, but the investigation has revealed
that such conduct was lawful and in accordance with established policy and
procedures.
3.
Not sustained-The investigation has failed to disclose sufficient
evidence to substantiate the allegation made in the complaint.
4. Sustained-The investigation disclosed sufficient evidence to substantiate the allegation made in the complaint.
When the investigator has determined the complaint to be sustained, the
investigator shall initiate a charge by filing a written statement setting forth
the conduct complained of and requesting disciplinary action. The charge shall be filed with the investigator’s immediate
superior in the chain of command. The
charged employee shall immediately be provided with a copy of the charges that
have been alleged and may, within three working days after receipt of notice of
the charge, file a written request for a hearing on the charge.
If a request for a hearing is filed, the supervisor shall schedule a
hearing within fifteen (15) working days to determine the validity of the
charges. Written notice of the
hearing shall be given to the employee and the employee shall have the right to
inspect all documents and reports concerning the charges.
At the hearing, the employee shall have the right to be present throughout the hearing, to have an attorney or one other designated representative present, to give testimony, and to present evidence and witnesses on his or her own behalf. The employee filing the charge shall also have the right to appear, to give testimony, and to present evidence and witnesses in support of the charges. The supervisor conducting the hearing shall determine the facts of the case and the validity of the charges, and shall make a finding of Unfounded, Exonerated, Not Sustained, or Sustained, as defined above. If the supervisor conducting the hearing makes a determination that the charge is Sustained, such supervisor shall also determine the corrective action to be taken. If the corrective action determined to be appropriate is discharge, the supervisor shall recommend such discipline to the next highest employee, officer, or body in the chain of command. The determination of discharge as the appropriate discipline shall only constitute a recommendation until the charge is brought before the person or body authorized under the Charter and Ordinances of the City to discharge such employee.
An employee may appeal a disciplinary action through the grievance
procedure established in the applicable compensation, benefits, and terms of
employment ordinance. Such
grievance procedure shall be initiated at the step appropriate to the
employee’s rank. In the event that the employee is a part-time employee whose
compensation, benefits, and terms of employment are covered by Ordinance 95-1995
or a successor ordinance to 95-1995, the employee may appeal through the
grievance process set forth in Section 22.05 of the Management and Supervisory
Personnel Conditions of Employment Exhibit to Ordinance No. 232-1997, or its
then current successor ordinance.
If the disciplinary action appealed from is an oral reprimand, a written reprimand, or a minor suspension, the appeal is limited to the first three steps of the procedures set forth in Section 22.05, or, in the event that the terms and conditions of the employee’s position are covered by Ordinance 231-1997 or a successor ordinance, the first three steps of Section 18.05 of Exhibit A to Ordinance No. 231-1997. If the disciplinary action appealed from is a major suspension, demotion, or discharge, the appeal may proceed through Step 4 of Section 22.05 of Exhibit A of Ordinance No. 232-1997 or its successor ordinance, or Step 4 of Section 18.05 of Exhibit A of Ordinance No. 231-1997 or its successor ordinance.
Upon written request to the employee’s department head (or, in the case
of a department head, to the Mayor), records of verbal reprimands, written
reprimands, and minor suspensions may be expunged from an employee’s record
after one (1) year has elapsed from the date of the reprimand.
Such an expungement is subject to all of the following criteria:
1.
There has been no occurrence of a similar or more serious type of
incident within the respective time period;
2.
The Law Director has given written approval after determination that such
expungement will not adversely impact upon the City’s legal position in any
pending or reasonably foreseeable court action; and
3.
The appropriate department head or Mayor, at his or her sole discretion,
determines that the expungement is not contrary to the public interest.
Upon written request to
the employee’s department head (or, in the case of a department head, to the
Mayor), records of major suspensions may be expunged if all of the following
criteria are met:
1.
There has been no occurrence of a similar or more serious type of
incident within a three year time period;
2.
The Law Director has given written approval after determination that such
expungement will not adversely impact upon the City’s legal position in any
pending or reasonable foreseeable court action; and
3.
The appropriate department head or Mayor, at his or her sole discretion,
determines that a similar or more serious type of offense is unlikely to recur
and that the expungement is not contrary to the public interest.
Records of demotion or discharge may not be expunged.