Town of Chesapeake Beach, MD Part 9 Disciplinary Action

Article XXX Purpose and Procedures

§ 50-117 Purpose and authority.

A. Initial failure to meet established performance standards, to comply with work rules or Town guidelines will normally warrant disciplinary counseling intended to correct the situation and curtail further occurrences. Repeated infractions or violations of work rules or policies that can or do adversely affect the person or property of fellow employees or the efficient operation of the Town government will be sufficient grounds for disciplinary action up to and including immediate dismissal, depending upon the nature and severity of the offense. (See § 50-121, Immediate suspension without pay, and § 50-122, Status during suspensions, of this article.)

B. The immediate supervisor is responsible for identifying performance problems, discussing corrective action with the employee, and documenting discussion and warnings pertaining to disciplinary problems. The department head is responsible for determining whether an employee's misconduct or continued poor performance warrants suspension without pay or termination.

C. The Mayor is responsible for overall administration of this disciplinary action policy. No full-time merit or full-time grant employee will be suspended or terminated without review of the department head's proposed action by the Mayor.

§ 50-118 Applicability; employee rights.

All employees may be subject to disciplinary action in accordance with this policy; however, it must be followed only in the case of merit or full-time grant employees who are nonprobationary. Other categories may be subject to dismissal without prior disciplinary action. Some employees have the right to file grievances about written warnings and more severe forms of disciplinary action in accordance with Part 10, Grievance Procedure, of this Division A.

§ 50-119 Verbal counseling.

A. When an employee is excessively late or absent, abuses leave or demonstrates unacceptable or poor work performance, his or her supervisor shall attempt to meet and counsel with the employee as soon as the problem becomes apparent. Counseling should include the specific action the employee must take to correct or eliminate the problem, the possible consequences of the employee's failure to take such action, and a follow-up review date. Verbal counseling by the supervisor shall be documented, acknowledged by employee signature, and forwarded to the Office of the Mayor for inclusion in the employee's personnel file. The employee shall be so advised and shall have the right to enter into his or her file comments regarding the counseling.

B. Upon employee request, verbal counseling (or verbal warning issued prior to the effective date of this Division A) may be removed from an employee's personnel file after two years if there have been no further offenses of the same nature.

§ 50-120 Written warnings and progressive discipline.

A. Disciplinary action must be initiated within five working days of the time a supervisor gains knowledge of a problem. If additional time is necessary in order to investigate to determine if discipline is appropriate, the supervisor must inform the Mayor.

B. No written warning or more severe form of discipline will be entered into the personnel records of a full-time merit or full-time grant employee without notice to that employee.

C. A written warning is appropriate for failure to improve performance or correct a problem for which an employee has been verbally counseled. During a follow-up review after verbal counseling, the supervisor determines whether the employee's conduct or performance has improved. If there has been no improvement, the supervisor and employee are required to review causes for the deficiency and develop a second action plan, including a follow-up date and possible consequences for continued lack of improvement. The supervisor will document this action in the form of a written warning on a Disciplinary Action Form. A copy of this form will be given to the employee and the department head. The original will be forwarded to the Office of the Mayor to be included in the employee's personnel file.

D. The supervisor will contact the department head and the Mayor one week prior to the review date to advise them about the progress of the employee. If during the second follow-up review meeting the supervisor determines that the cause for discipline has not been corrected because of failure by the employee to comply with the second action plan, the supervisor may recommend suspension without pay to the department head, who will consult with the Mayor before determining whether or not to suspend the offending employee, who shall then be advised of the department head's determination.

E. Only department heads may suspend employees. The department head must document the cause for suspension and submit a statement of expected performance and further consequences on a Disciplinary Action Form to the Office of the Mayor which will be included in the employee's personnel file and given to the employee, who shall acknowledge receipt of same.

F. Unless otherwise stated in this Division A, a disciplinary suspension may not exceed 30 calendar days, and the vacancy created by the suspension shall be filled only temporarily pending the return to work of the suspended employee.

G. If an employee is charged with a felony, the nature of which has a bearing on the employee's fitness and/or ability to perform his or her duties without compromising the public trust, the employee may be suspended without pay until a final disposition of the charges by a court of competent jurisdiction. The employee shall be entitled to a hearing prior to such suspension. A reduction of the charges to a misdemeanor between the initial charging and final disposition will not preclude application of this section. Final disposition shall mean (1) a finding of not guilty, (2) a finding of guilt and sentencing, (3) suspension of a finding of guilt and the entry of a probation before judgment, (4) placement of the case on the stet docket, (5) an election by the State's Attorney not to prosecute the charges, and (6) any other action which terminates the criminal proceeding. Upon final disposition of the criminal charges, the employee may be reinstated or a hearing may be held to determine the employee's continued employment with the Town. Upon reinstatement, an employee shall be entitled to restoration of back pay and leave benefits for a period not to exceed six months minus any portion of the suspension which remains in effect.

H. Dismissal may be appropriate for failure to improve conduct or performance after progressive discipline. The department head shall consult with the Mayor before determining whether or not to dismiss the offending employee. The employee shall be advised of the department head's recommendation.

I. A written warning will also be appropriate for initial unsatisfactory work performance or inappropriate behavior of such a serious nature that it could result in suspension or termination if repeated. In such case, a written warning noting the offense, the corrective action expected and the consequences for not taking such action and performing in the manner expected shall be given to the offending employee, with a copy to the department head and the original to the Office of the Mayor. The written warning shall be included in the offending employee's personnel file and acknowledged by the employee during a private meeting with his or her supervisor. Where the written warning included a review date for determination of whether the employee has ceased or corrected his or her unsatisfactory performance and/or behavior, the supervisor will contact the department head and the Mayor at least one week prior to that review date to advise them whether the employee has corrected the problem(s), or is showing progress in that regard, or has demonstrated no progress in correcting his or her deficiencies and/or behavior.

§ 50-121 Immediate suspension without pay.

A. Department heads may suspend employees immediately, without consultation with the Mayor, pending investigation and determination of appropriate discipline for reasons including, but not limited to:

(1) Fighting;

(2) Sleeping on the job;

(3) Being at work when impaired by the use of alcohol, other intoxicants, or illegal controlled substances;

(4) Failing to observe safety precautions;

(5) Horseplay or other misconduct endangering their own safety or the safety of others;

(6) Repeated violation of work rules and procedures for which an employee has previously been warned; or

(7) Other acts, activities, or omissions which impair the Town's or department's performance of its mission.

B. Employees shall be notified promptly of their suspension by their department head, who shall also advise the Mayor of the reason for the suspension.

C. Supervisors may temporarily remove an employee from duty pending consultation with the department head, who will determine if disciplinary action is warranted.

D. Final disciplinary action up to and including dismissal will be taken by the department head following consultation with the Mayor.

§ 50-122 Status during suspensions.

Annual sick leave will be earned by suspended employees on a pro-rata basis in proportion to the number of hours worked during the pay period(s) in which the suspension occurs. Health plan coverage will be continued while an employee is on suspension, and the suspended employee's premium contribution will continue to be deducted as a regular payroll deduction. Where no hours are worked and the suspended employee receives no pay for a pay period during his or her suspension, the employee will be billed by the Town for his or her portion of the health plan premium. Suspended employees shall not be entitled to reimbursement for unused health plan credits.

§ 50-123 Immediate dismissal.

A. Employee misconduct, including but not limited to the following examples, may result in immediate dismissal by a department head, following consultation with the Mayor:

(1) Dishonesty, including willful falsification of employment application information, falsifying any time card, report, record, or misrepresenting business expenses to be paid by the Town.

(2) Theft or misappropriation of Town property, records, or other materials, or the property of fellow employee or employees.

(3) Unauthorized possession of a firearm or other deadly weapon on Town property.

(4) Willful or negligent destruction of Town property or another employee's property.

(5) Gambling on Town property (except authorized fund-raisers for nonprofit purposes).

(6) Insubordination, such as failure or refusal to carry out any work order or assignment by an immediate supervisor or department head, or other individual authorized to issue such order.

(7) Conviction of a crime involving moral turpitude or of a nature that would expose the Town and its employees to potential liability, danger or disrespect through continued employment.

(8) Disclosure of confidential Town information obtained in the course of employment by the Town to a person or persons not authorized to receive such information.

(9) Negligence and/or other acts, activities, or omissions which impair the Town's or department's performance of its mission.

(10) Using, possessing, selling, transferring, or purchasing illegal controlled substances, alcohol or other intoxicants on Town premises or work sites while on duty. Employees who are off duty are subject to any departmental order, oath or code of conduct which may address or prohibit these activities.

(11) Sexual harassment of another employee or employees in violation of Town policy.

B. Employees shall be notified promptly of their dismissal by their department head.

§ 50-124 Selection of discipline.

Notwithstanding the above, a department head has the right to select the type of discipline appropriate to the offense and considering the employee's work record.

§ 50-125 Contractual employees.

Contractual employees may be subject to discipline in accordance with this Part 9. The Town Council may specify which contractual employees may be dismissed by their department head and the application of this Part 9 to such employees shall be an express term of the employee contract.