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. An employee shall be progressively
disciplined whenever possible. All actions involving substandard work
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 employee's previous work record. Because
of the serious nature of some infractions, the first disciplinary
action may be suspension or termination.
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 employees 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
employee will be disciplined for refusing to perform an unlawful act.
A.
Definition: Any conduct, action or inaction stemming from or directly
connected with the employee's work, whether on or off duty, which
is inconsistent with the employee's obligation to the County
and reflects the employee'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 County Manager, elected official, department head and supervisors
have the authority to discipline an employee under their supervision;
but to ensure consistency throughout the County and to reduce the
potential for exposure to liability, Supervisors, department heads,
elected officials and the County Manager shall inform and consult
with Human Resources regarding the level of discipline that may be
appropriate for violations of department work rules, County policy,
poor performance and other misconduct.
A.
County Manager approval. Demotions, suspensions and terminations
require final approval from the County Manager prior to implementation.
The County Manager may consult the County Attorney to review just
cause for such disciplinary actions.
B.
Documentation. Copies of any documented disciplinary action must
be furnished to the Human Resources Department for placement in the
employee's personnel file. If the employee refuses to sign the
disciplinary action, the supervisor will so note on the disciplinary
action form and file it in the employee's personnel file.
C.
Verbal reprimand is used for minor infractions to inform the employee
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 employee'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 work performance;
(2)
Repeated absence or tardiness to include failure to adhere to an
established work schedule;
(3)
Failure to meet and/or maintain job requirements as set forth in
the job description;
(4)
Violation of any personnel ordinance, rules and regulations or supplemental
rules;
(5)
Violation of a professional code of ethics accepted by those in the
same profession as an employee;
(6)
Noncooperation by an employee with fellow employees or other personal
conduct which substantially interferes with the performance of his/her
or another employee's work.
D.
Written reprimand. An employee 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 employee's work
performance or conduct shall be placed in the employee's personnel
file after providing the employee with a copy of the statement. If
the employee refuses to sign the written reprimand, a witness will
attest, in writing, that the statement was presented to the employee
for signature but does not concur with its content. The employee may
respond with a written rebuttal, which shall be placed in the employee's
personnel file as well. The placement of a written reprimand in an
employee's file is not entitled to the grievance provision of
this chapter. Employees placed on disciplinary probation as a result
of written reprimands are not eligible for salary increases, bonus
awards, promotions or transfers during the probationary period without
approval of the County Manager. Causes for written reprimands include,
but are not limited to:
(1)
The causes listed for verbal reprimands;
(2)
Excessive absence or tardiness;
(3)
Sleeping on the job;
(4)
Negligence in the performance of duty, including negligence in the
operation of County vehicles or equipment;
(5)
Negligence or failure to adhere to established safety rules or regulations
as well as willful unsafe conduct;
(6)
Insubordination and failure to comply with the lawful orders of a
supervisor, including the refusal to accept after-hours assignments;
(7)
Unauthorized absence from work;
(8)
Harassment of any kind, to include sexual harassment;
(9)
Failure to report loss of driver's license when required as
condition of employment;
(10)
Failure to follow the chain of command within a department.
(11)
Unauthorized use or abuse of County property (e.g., computers,
cell phones, vehicles, equipment).
E.
Suspension. An employee may be suspended without pay for a single
serious offense or for continued inadequate job performance or misconduct
after previous attempt(s) to correct the conduct have failed. Such
suspension will not exceed 30 working days. Suspension without pay
for two workdays or less will be served immediately. If suspension
is overturned through the grievance procedure, those hours will be
credited back to the employee at no cost to the employee. Suspensions
for more than three days are subject to the formal 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 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 when required as
condition of employment;
(9)
Operation of a County/private vehicle while on County business without
a valid driver's license.
F.
Demotion. An employee may be demoted for continued inadequate job
performance after previous attempt(s) to correct the conduct have
failed, provided there is a lower job position in the County available
and the employee is capable of performing said position. The demotion
of an employee is subject to the formal grievance procedures.
G.
Termination. Termination is the final consequence when progressive
discipline has failed to change unacceptable behavior or performance,
or when the employee has engaged in other behavior that is of a serious
nature that is unacceptable for County employees. The termination
of an employee is subject to the formal grievance procedure. Causes
for termination include, but are not limited to:
(1)
All causes listed for the previous disciplinary actions, if such
causes continue after attempts or correction have failed;
(2)
Acceptance of a bribe or kick back;
(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 County employment application, health history forms
or any other document used in the employment 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 the job or reporting to work under
the influence of a controlled substance or alcohol;
(10)
Refusal to carry out reasonable orders;
(11)
Failure to meet standards of substance abuse rehabilitation
programs.
The above examples are only a sample of infractions sometimes
encountered but are not inclusive of all situations which may arise.
The County reserves the right to exercise judgment and render disciplinary
action or termination as deemed appropriate, based on the circumstances
of each case. In addition to the forms of discipline described above,
the County Manager may impose a probationary period, not to exceed
one year, as part of the disciplinary consequences imposed on the
employee, after consulting with the supervisor, department head, or
elected official.
Regular employees shall receive a predisciplinary hearing prior
to disciplinary action for cause, which may result in suspension without
pay, demotion, loss of pay or involuntary termination. The County
Manager may consult the County Attorney to review the cause for such
disciplinary action prior to the predisciplinary hearing. The hearing
shall be held by the department head, elected official, County Manager
or their designee.
The employee's supervisor, department head or elected official
shall present the employee with written notification of their intent
to conduct a predisciplinary hearing at least three working days in
advance of the hearing date. The written notification shall explain
the reasons for the hearing, the employee's right to invoke the
Otero County formal grievance procedures and the time and date of
the predisciplinary hearing. The time, place and date of the predisciplinary
hearing can be revised upon the written agreement of the parties.
In cases where County property, other employees or citizens
are at risk because of the employee's actions, the County Manager
shall, after consulting with the department head and the elected official,
put the employee on administrative leave with pay until the predisciplinary
hearing is held and a decision is rendered.
The County Manager or elected official or their designee shall
meet with the employee at the appointed time. At this hearing, the
employee will have an opportunity to respond to the reasons for the
disciplinary action. Witnesses are permitted as determined relevant
to the case by the County Manager or elected official. Legal representation
will not be permitted. An electronically recorded record of all predisciplinary
hearings will be made.
The County Manager or elected official or their designee will
issue a decision, in writing, within five calendar days of the hearing.
The decision will include the time, date and location of the meeting,
persons present, and the determination. The written decision shall
be either delivered to the employee (obtaining employee's signature
of receipt of the decision) or be sent to the employee by certified
mail, return receipt requested.
Within five working days of receipt of the written decision,
the employee must notify the County Manager or elected official or
their designee, in writing, of their intent to pursue a formal grievance
hearing before a Personnel Appeals Hearing Officer/appeal panel. The
written request for a grievance hearing shall include what the specific
complaint is and/or why the employee believes there is an error and
the desired remedy requested.
