Otero County uses a progressive discipline system. Progressive
discipline is a process of applying disciplinary actions, moving from
less serious to more serious actions based on the initial severity
or on repetition of the problem behavior. A volunteer shall be progressively
disciplined whenever possible. All actions involving substandard performance,
leading up to and including dismissal, require progressive warnings.
The type of corrective action used depends on the severity of the
infraction and the volunteer's previous record. Because of the
serious nature of some infractions, the first disciplinary action
may be suspension or dismissal.
A.
In order to promote the efficiency of the services rendered by the
County and the operation of its respective departments and offices,
disciplinary actions for volunteers are based on just cause; and are
consistent with governing laws and regulations and will be taken without
regard to race, age, religion, color, national origin, ancestry, sex,
physical or mental handicap or medical condition. No volunteer will
be disciplined for refusing to perform an unlawful act.
B.
"Just cause" is defined as any conduct, action or inaction arising
from or directly connected with the volunteer's work, whether
on or off duty, which is inconsistent with his/her obligation to the
County and reflects the individual's disregard of the County's
interests, policies or procedures. Cause includes, but is not limited
to, inefficiency, incompetence, misconduct, negligence, insubordination,
or conviction of a felony or misdemeanor.
The Office of Emergency Services, Fire Chief and supervisors
have the authority to discipline a volunteer under their supervision;
but to ensure consistency throughout the County and to reduce the
potential for exposure to liability, supervisors and Fire Chiefs shall
inform and consult with the Emergency Services Director, who may additionally
consult with the Human Resources Director, regarding the level of
discipline that may be appropriate for violations of department work
rules, County policy, poor performance and other misconduct.
A.
Documentation. Copies of any documented disciplinary action must
be kept on file in the individual's personnel records and a copy
should be furnished to the County for placement in the department
file. If the volunteer refuses to sign the disciplinary action, the
supervisor will so note on the disciplinary action form and file it
in the volunteer's personnel file.
B.
Verbal reprimand is used for minor infractions to inform the volunteer
that his/her actions, behavior or conduct needs to change. Supervisors
will keep written notations of verbal reprimands, and these will not
be placed in the volunteer's personnel file until they are made
a part of a later written reprimand. Causes for verbal reprimands
include, but are not limited to:
(1)
Substandard or unsatisfactory performance;
(2)
Repeated absence or tardiness, to include failure to adhere to an
established schedule;
(3)
Failure to meet and/or maintain licensure, training or proficiency
as set forth for the position held;
(4)
Violation of any document, rules and regulations or supplemental
rules;
(5)
Violation of a professional code of ethics accepted by those in the
same profession;
(6)
Noncooperation with fellow volunteers or peers, or other personal
conduct which substantially interferes with the performance of his/her
or another's work.
C.
Written reprimand. An individual shall receive a written reprimand
because the deficiency or infraction is of a greater degree than that
for which a verbal reprimand may be used, or if a verbal reprimand
was not effective. Written reprimands for an individual's work
performance or conduct shall be placed in the volunteer's personnel
file after providing the volunteer with a copy of the statement. If
the individual refuses to sign the written reprimand, a witness will
attest in writing that the statement was presented to the volunteer
for signature but the volunteer does not concur with its content.
The volunteer may respond with a written rebuttal, which shall be
placed in his/her personnel file as well. The placement of a written
reprimand in an individual's file is not entitled to the grievance
provision of this personnel policy. Causes for written reprimands
include, but are not limited to:
(1)
The causes listed for verbal reprimands;
(2)
Excessive absence or tardiness;
(3)
Negligence in the performance of duty, including negligence in the
operation of County vehicles or equipment;
(4)
Negligence or failure to adhere to established safety rules or regulations
as well as willful unsafe conduct;
(5)
Insubordination and failure to comply with the lawful orders of a
supervisor, including the refusal to accept assignments;
(6)
Unauthorized absence from duty;
(7)
Harassment of any kind, to include sexual harassment;
(8)
Failure to report a driver's license change related to legally
operating County equipment, such as class, restrictions or endorsements;
(9)
Failure to follow the chain of command within a department;
(10)
Unauthorized use or abuse of County property (e.g., computers,
cell phones, vehicles, equipment).
D.
Suspension. A volunteer may be suspended for a single serious offense
or for continued inadequate performance or misconduct after previous
attempts to correct the conduct have failed. Such suspension will
not exceed 30 days. Suspension will be served immediately. Suspensions
for more than 30 days are subject to the grievance procedures. Causes
for suspension include, but are not limited to:
(1)
The causes listed for verbal and written reprimands;
(2)
Continuous instances of poor performance;
(3)
Negligent damage to property and/or person(s);
(4)
Physical or mental unfitness for duty due to being under the influence
of alcohol or a controlled substance, including illegal drugs as well
as abuse of prescription drugs;
(5)
Consumption or possession of alcohol or controlled substances on
duty or on County property;
(6)
Fighting while on duty or on County property;
(7)
Harassment, to include sexual harassment;
(8)
Failure to report loss of driver's license;
(9)
Operation of a County/private vehicle while on County business without
a valid driver's license.
E.
Demotion. A volunteer may be demoted for continued inadequate performance
after previous attempts to correct the conduct have failed, provided
there is a lower position within the Department and the volunteer
is capable of performing said position. The demotion of a volunteer
is subject to the grievance procedures.
F.
Dismissal. Dismissal is the final consequence when progressive discipline
has failed to change unacceptable behavior or performance, or when
the volunteer has engaged in other behavior that is of a serious nature
that is unacceptable. The dismissal of an individual is subject to
the grievance procedure. Causes for dismissal include, but are not
limited to:
(1)
All causes listed for the previous disciplinary actions, if such
causes continue after attempts at correction have failed;
(2)
Acceptance of a bribe or kickback;
(3)
Use of official position or authority for personal profit or advantage;
(4)
Theft or destruction of County property;
(5)
Unauthorized disclosure of confidential information from County records
or documents as set forth by applicable state law;
(6)
Being convicted of a felony or misdemeanor;
(7)
Falsification of membership application, health history forms or
any other document used in the volunteer's process, or falsification
of official documents;
(8)
Serious acts of negligence causing damage to County property, or
the intentional abuse or destruction of County equipment;
(9)
Unlawful manufacturing, distributing, dispensing, possessing/using
controlled substances or alcohol on duty or reporting to work under
the influence of a controlled substance or alcohol;
(10)
Refusal to carry out reasonable order.
The above examples are only a sample of infractions sometimes encountered but are not inclusive of all situations which may arise. After investigation and documentation consistent with Article VII of this document, the Fire Chief or County reserves the right to exercise judgment and render disciplinary action or dismissal as deemed appropriate, based on the circumstances of each case. In addition to the forms of discipline described above, the Fire Chief or County may impose a probationary period not to exceed one year as part of the disciplinary consequences on the volunteer.
Within five working days of receipt of the written disciplinary
action, the volunteer must notify the County Emergency Services Director
in writing of his/her intent to pursue a grievance. The written request
for a review of disciplinary action shall include what the specific
complaint is and/or why the volunteer believes there is an error and
the desired remedy requested.
