1010 - Counceling And Discipline

Question 1

Who shall: 1. Appoint the members of any Internal Advisory Board. 2. Make all disciplinary decisions involving suspension, demotion and termination.

Answer 1

The Fire Chief

Question 2

Who shall maintain this document.

Answer 2

The Deputy Chief of Administration

Question 3

Who is responsible for investigating allegations of misconduct and taking appropriate actions.

Answer 3

Officers/Supervisors are

Question 4

Who is responsible for ensuring that employees engaged in the disciplinary process have access to all materials being used by the Department to support the proposed disciplinary action against them?

Answer 4

The Administrative Assistant to the Chief

Question 5

Oral Reprimand.

Answer 5

The lowest level of the discipline process. Typically a conversation, and written record of such conversation, between supervisor and employee in which the supervisor addresses specific allegation(s), charge(s) or violation(s) of policy or rules. This action may include instructing, directing, correcting, re-training, commanding, encouraging, motivating, and setting expectations, with the intent to change behavior. It also includes a warning that inappropriate behavior needs to be corrected and what behavior is expected.

Question 6

Written Reprimand.

Answer 6

The second level of the discipline process. A written record of charges attributed to an employee as a result of specific actions or behaviors by that employee. This written action may include instructing, directing, correcting, re-training, commanding, encouraging, motivating, and setting expectations, with the intent to change behavior. The written reprimand is an escalated warning to the employee that his/her behavior is inappropriate and that it is critical the employee take action to correct and change his/her behavior.

Question 7

Weingarten Rights.

Answer 7

Weingarten case law provides that a represented employee has the right to be represented by the person of his/her choice at an investigational meeting when the employee has a reasonable belief that the meeting could lead to discipline. The role of the representative is to assist the employee in telling his/her story and ensure that the investigator does not engage in inappropriate behavior. The employee will be expected to speak up for him/herself, but a representative can assist by bringing up additional facts and clarifying both questions and answers. When the investigator has completed the inquiry of the employee to his/her satisfaction, the representative also may ask additional questions and make additional statement on the employee’s behalf.

Question 8

Garrity Warning.

Answer 8

A legal explanation to an employee of the legal ramifications of answering or refusing to answer questions in the course of an employment related disciplinary hearing. The specific language used by TFD when issuing a Garrity Warning is as follows: “I wish to advise you that you are being questioned as part of an official investigation of the Tacoma Fire Department. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for duty. You are entitled to all the rights and privileges guaranteed by the laws and the Constitution of this state and the Constitution of the United States, including the Fifth Amendment right to not be compelled to incriminate yourself and to have an attorney (or union representative) of your choice present during questioning. I further wish to advise you that if you refuse to testify or answer questions relating to the performance of your official duties or fitness for duty, you will be subject to departmental charges that would result in your dismissal from the department. If you do answer, neither your statements nor any information or evidence that is gained by reason of such statements can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent department charges. All members shall testify truthfully in all statements to the Internal Advisory Board. Failure to do so constitutes separate grounds for discipline, up to and including dismissal.”

Question 9

Who/what are Bureau Chief?

Answer 9

An individual charged with oversight of one of TFD’s three Bureaus—Operations, Administration, or Prevention.

Question 10

Working Days. For the purposes of this document a working day is defined as:

Answer 10

Monday through Friday, 0800 to 1700 hours, excluding holidays.

Question 11

General Guidelines

1. Employee discipline is intended to be _______________.
2. Employees may be disciplined or discharged for just cause and with due process in accordance with Section 1.24.940 and 1.24.955 of the Tacoma Municipal Code. The discipline will be based on the nature and severity of the offense(s) and prior record of discipline.
3. The exception to #2 above is _______________ who are “at will” employees and as such may be disciplined, demoted or terminated at the discretion of the Chief.
4. Appropriate employee collective bargaining provisions and applicable state and federal laws will be followed.

Answer 11

corrective, educational, lawful and when appropriate, progressive.
probationary and appointive personnel.

Question 12

5. Counseling is not part of the disciplinary process and therefore not the tool to address considerable, repetitive and more serious issues of undesirable behavior. The ________ should handle these issues.
6. Work performance, conduct, attendance or reliability issues and other problems may require________ action to correct the situation. If an employee fails to respond to counseling, or counseling is not appropriate, the department will employ formal _____________
7. If the supervisor is uncertain what actions to take, s/he should seek assistance from ____________
8. In disciplinary cases, the department uses_________ discipline, when appropriate, to change performance or behavior problems.
9. ________________ is used to generate fair, equitable and lasting performance correction by formally communicating expectations for change and improvement in a manner that is personal, adult and non- threatening.
10. Significant, multiple or recurring performance or behavior problems often require more stringent disciplinary action.___________ can occur when progressive disciplinary action has failed to satisfactorily correct performance or when a serious offense is committed.
11. Disciplinary action will take into account the severity, repetition, previous discipline record and the need to cause behavior change, as well as other relevant factors. That could include, but is not limited to, oral reprimand, written reprimand, suspension, temporary or permanent demotion or termination.

Answer 12

disciplinary process
disciplinary
disciplinary measures. 
his/her supervisor. 
progressive
Progressive discipline
Termination

Question 13

A Chief Officer may place an employee on administrative leave when s/he feels that the employee’s continued presence at work could have detrimental consequences or cause public harm. True or false?

14. An ______________ may be used to investigate and recommend action to the Fire Chief.
15. The ____________ may direct other disciplinary, remedial or corrective measures in conjunction with or in lieu of traditional disciplinary actions when s/he deems it is appropriate to changing or correcting undesirable behavior.
16. Only the ___________ has the authority to suspend, demote or terminate employees.

Answer 13

True.
Internal Advisory Board
Fire Chief
Fire Chief

Question 14

Internal Advisory Board
1. _________________, may call an Internal Advisory Board meeting for issues that the Chief deems necessary. A matter also may be handled by an Internal Advisory Board when other disciplinary actions have failed or due to the seriousness of the allegations or possible charges.

Answer 14

The Chief, or any Deputy Chief

Question 15

2. Normally, the Internal Advisory Board membership consists of TFD _____________ along with representatives from _________________ as necessary. The Chief also may select and include others as deemed necessary and appropriate.
3. The Department will notify the appropriate union when an employee has been scheduled to appear before an Internal Advisory Board or has been issued a Notice of Intent to Discipline or when charges have been made.
4. The mission of the Internal Advisory Board may include, but is not limited to, the following: to review, investigate, or discern specific or general personnel issues or problems relating to allegations and/or possible charges.
5. The Internal Advisory Board meeting is an investigatory meeting in which employees will be required to answer questions that could result in disciplinary action, therefore, the ____________ will be read and acknowledged by employees prior to questioning. Weingarten rights also will ___________
6. The Board hearings are ___________ in nature and provide no opportunity for legal argument or cross-examination. The Board at its discretion may examine witnesses or documents identified by the employee as pertinent.

Answer 15

Deputy Chiefs and Assistant Chiefs
Human Resources and the City Attorney’s Office
Garrity Warning
be observed. 
fact-finding

Question 16

Pre-disciplinary Process

Answer 16

1. The pre-disciplinary process will be followed for all personnel for all proposed disciplinary actions that include loss of pay, suspension, demotion or termination. Refer to the employee’s appropriate collective bargaining agreement, TMC 124.955 and/or city PMP 125 for non- represented personnel for possible variations.
2. The exception to the above is probationary and appointive personnel who are classified as “at will” employees.
3. The Chief, on his/her own authority, will issue the Notice of Intent to Discipline, if required.
4. On receipt of this notice, the employee is entitled to appeal it in writing or in person to the Chief within 10 calendar days. The employee’s appeal will specify each charge and/or disciplinary action contested and the specific reason(s) for contesting them.
5. If a meeting is requested by the employee, the Chief will meet with the employee, an employee selected representative and any other personnel as deemed appropriate by the Chief.
6. The Department will adhere to the employee’s collective bargaining agreement, as applicable and to City policies related to the appropriate pre- disciplinary process to be followed once a Notice of Intent to Discipline has been issued.
7. A copy of all written materials, reports, documents, and items that have been or will be used as evidence of the charges will be made available to the employee or his/her representative at least 72 hours in advance of the pre-disciplinary hearing.
8. The date of the pre-disciplinary hearing shall be not less than ten working days from the time the employee was notified in writing of the specific alleged violations unless waived, in writing, by the employee, the union and/or administration.
9. The Department may place an employee on paid administrative leave pending the final decision as to appropriate discipline.
10. Personnel may be placed on administrative leave for issues including, but not limited to, the well-being, protection or interests of the individual(s), unit, division, department, city or the public.
11. Employees on administrative leave will be assigned to the 8 hour day shift, Monday through Friday, 0800 to 1700 hours, to allow for timely resolution of the issues. The employee is to remain at his or her residence and make him/herself available to the Department during those times. With permission in advance from the Bureau Chief, the employee may make alternate arrangements as to where s/he can be contacted.
12. Only the Fire Chief or his/her designee may order the release to duty or other type of leave of an employee who has been placed on paid administrative leave.

Question 17

Documentation

Answer 17

1. No disciplinary document may be placed in any personnel file without the employee having been first notified of said document and given a copy.
2. Once allegations have been investigated and a determination of violations has been reached, specific written charges will be documented which indicate the city or department policy, procedure, law, or standard of safe and/or effective performance or proper behavior that has been violated.
3. Documents placed into an employee’s personnel file as a result of progressive disciplinary procedures will remain a permanent part of the employee’s department personnel file. Such documents may be removed only upon the direction of the appropriate Bureau Chief with permission from the Chief.
4. The employee may have his/her own rebuttal statement regarding a disciplinary decision, including reprimands, placed in both the department and city personnel files.
5. The following Employee Assistance Program statement is to be included in all notices for disciplinary action: The City’s Employee Assistance Program (EAP) is available to assist employees who may have personal problems that affect their job performance. If you would like to take advantage of these confidential counseling services, you are encouraged to contact the EAP at 1-800-525-5668 or 596-0006.
6. Copies of the following documents shall be placed in an employee’s city personnel file:
   a. Notification to the employee and/or his/her representative regarding Notice of Intent to Discipline
   b. Notice of any final disciplinary decision issued by the Fire Chief, including decisions to not file charges
   c. Rebuttal statements from the disciplined employee
7. Copies of the following documents shall be placed in the employee’s department personnel files:
   a. Notification to the employee and/or his/her representative regarding Notice of Intent to Discipline
   b. Notice of any final disciplinary decision issued by the Fire Chief, including decisions to not file charges
   c. Written documentation of oral reprimands
   d. Copies of written reprimands
   e. Any written correspondence with the Union
   f. Rebuttal statements from the disciplined employee
8. After one year, an employee may petition the Chief to have written documentation of an oral reprimand removed from his/her department personnel file.

Question 18

6.0 PROCEDURE FOR INTRA-DEPARTMENTAL EMPLOYEE PROBLEMS

Answer 18

6. 1 Supervisors should attempt to mitigate personnel problems between two employees whenever possible.
7. 2 When practical, however, an employee may attempt to solve ordinary personnel conflicts with other parties of the same or different rank, if s/he can do so comfortably.
8. 3 In cases of perceived discrimination or harassment refer to TFD EEO Policy 1003.
9. 4 The following guidelines are for employees and supervisors to use in attempting to resolve problems, complaints or accusations between members of the Department:
   
   1. Concerned employees should seek advice about how to proceed from a supervisor, TFD EEO officer, or union official, keeping in mind the difference between seeking advice and gossiping.
   2. The concerned employee should attempt to find an appropriate time and place to talk to the other employee. To increase the chances of successfully changing behavior, the concerned employee should wait for a time when both parties can talk and listen well.
   3. For the concerned employee, the goal should be to assist the other person to be a better employee.
   4. Be prepared to clearly communicate concerns, problems and issues. Know the other person may react with emotion.
   5. Be prepared and open to listen and learn about the other person’s perspective.
   6. Know that the other party may need time to think through what has been stated before s/he is ready to take the advice or input. The concerned employee also may need time to digest the comments of the other party.
   7. Concerned employees should avoid making a problem worse by demanding or expecting a colleague will “adhere” or automatically accept the personal advice, suggestions or concerns given.
   8. If further action needs to be taken, seek assistance from a mutual supervisor.

Question 19

PROCEDURE FOR COUNSELING BY SUPERVISORS

Answer 19

7. 1 Consider the following when counseling in a “sit down” conversation:
   
   1. When practical before the counseling, supervisors may consider seeking advice from an immediate supervisor or capable officer.
   2. Attempt to find an appropriate time and place to talk to the other employee.
   3. The goal should be to assist the employee in making minor adjustments in behavior or performance before the problem escalates to a level of seriousness that requires formal discipline.
   4. Be prepared to clearly communicate your concerns, the problem(s), issue(s), advice or expectation(s).
   5. Be prepared and open to listen and learn about the employee’s understanding or lack of it.
   6. Be prepared to tactfully explain, instruct and/or encourage the employee in proper behavior.
   7. Know that each person is responsible for his or her own behavior or actions.
   8. Document the counseling for potential future reference as deemed appropriate by the supervisor.

Question 20

PROCEDURE FOR SUPERVISORY LEVEL DISCIPLINE

8.1 All employees shall:

Answer 20

1. Refrain from discussing with others incidents or events under investigation or disciplinary review, except to carry out official duties which may include engaging in discussions with their representative or where otherwise permitted under federal and state law.

Question 21

PROCEDURE FOR SUPERVISORY LEVEL DISCIPLINE

Answer 21

8. 2 The following guidelines apply to supervisors handling disciplinary matters:
9. For minor instances of undesirable behavior consider using the counseling process as described in section 7.0.
10. Attempt to handle the issue at the lowest possible supervisory level, with the following exceptions:
    a. For all situations involving potential or confirmed discrimination, harassment, workplace violence or retaliation refer to TFD EEO policy 1003 and/or EEO officer.
    b. For issues involving suspected criminal activity, multiple repeat offenses, multiple offenses, persons on probation, or for situations where you need additional guidance, contact your supervisor and/or Bureau Chief.
11. Take the necessary steps to curtail inappropriate behavior by:
    a. Addressing any inappropriate behavior observed or brought to your attention.
    b. Investigating allegations of misconduct or assigning one of the supervisors in your chain of command to investigate.
    c. Seeking guidance from your supervisor in handling any inappropriate behavior you are unable to curtail.
    d. Choosing the method of progressive discipline necessary to curtail and/or change the behavior.
    e. Documenting the behavior and disciplinary action taken.
    f. Issuing discipline to the employee.
    g. Forwarding documentation of disciplinary action to your supervisor.
    h. Monitoring behavior for a minimum of six months to confirm that the inappropriate behavior has ceased. The situation may demand checking in more frequently.

Question 22

8.3 When a concern or issue needing discipline is reported to them, supervisors shall:

Answer 22

1. Attempt to resolve the issues at the lowest possible supervisory level, except as noted in Section 8.2.2 above. Handle the issue when it is appropriate.
2. Immediately notify the individual’s Bureau Chief and Chief Officer of any complaints that come from outside the department.
3. Seek guidance from your supervisor, including information regarding past disciplinary action about the person with alleged inappropriate behavior.
4. Investigate the situation:
   a. Interview the person(s) who brought forth the allegation.
   b. Interview the person(s) displaying the alleged inappropriate behavior. (refer to 3.12, Weingarten Rights may be applicable here)
   c. Interview witnesses as necessary.
   d. Respect confidentiality as much as possible; be discreet.
5. If a written allegation has been brought forth, contact your Bureau Chief through chain of command, for direction.
6. Inform your supervisor of the facts discovered and the planned course of action.
7. Document in writing the information received, when issue was first noted, and the steps taken throughout the investigation process. Document to the degree demanded by the seriousness of the situation.
8. As issues are identified, re-evaluate the level of supervision at which the situation should be resolved. If in doubt, seek guidance from your supervisor.
9. Determine and execute a course of action based upon the facts discovered. This course of action may not necessarily involve disciplinary action.
10. Make the employee aware of the availability of the Employee Assistance Program (EAP).
11. If disciplinary action is taken, monitor the behavior for a minimum of six months to confirm that the inappropriate behavior has ceased. The situation may demand checking in more frequently.
12. When the chosen method of progressive discipline does not stop the inappropriate behavior, report the issue to your supervisor for guidance on how to proceed. It is not acceptable to simply repeat previous steps.

Question 23

8.4 When a concern or issue needing discipline is reported to them, Chief Officers shall:

Answer 23

1. Assign a supervisor to handle the issue as appropriate or take it upon him/herself to conduct a preliminary investigation and take appropriate action as necessary.
2. Initiate an Internal Advisory Board, if appropriate.

Question 24

9. 0 PROCEDURE FOR INVESTIGATIONS
10. 1 _________________. This shall include gathering all pertinent information; identification of problems, issues or inappropriate behavior.
11. 2 When an employee is interviewed in the investigation process, and the supervisor believes that disciplinary action may occur, the employee has the right to ____________ to help him/her in regards to possible disciplinary action.
12. 3 If an employee refuses to answer questions necessary to an investigation, the investigating supervisor shall __________
13. 4 Supervisors may require_________ statements pertinent to the investigation for situations where serious violations may have occurred.
14. 5 After gathering this information the investigating supervisor may want to consult with _____________ once again to determine the next, most appropriate, course of action.

Answer 24

Supervisors shall investigate 
have a representative present
refer the matter to the Bureau Chief. 
written
a supervisor or peer

Question 25

PROCEDURE FOR ISSUING AN ORAL REPRIMAND

Answer 25

When practical, before issuing an oral reprimand consider seeking advice from an immediate supervisor or peer.
Before talking with the employee, the disciplinary supervisor shall identify the specific behavior or performance issues that are problematic and the desired corrective action that is expected from the employee and then prepare the documentation for the oral reprimand session.
The disciplinary supervisor will talk to the employee in a private area when issuing an oral reprimand.
When meeting with an employee to issue an oral reprimand, the disciplinary supervisor shall:
1. Specifically inform the employee that s/he is receiving an oral reprimand.
2. Clearly and specifically state the issue(s) of concern
3. Refer to any previous casual conversations or counseling, both formal and informal, about the problem.
4. Tell the employee the specific change in behavior or performance that is expected.
5. Confirm that the employee knows what is expected.
6. Indicate confidence in the employee’s ability to make the desired changes.
7. Inform the employee that the oral reprimand will be documented.
8. Present the documentation to the employee for his/her signature acknowledging receipt.
9. Include a notice of Employee Assistance Program (EAP) availability.
10. Inform the employee that if s/he disagrees with the content of the oral reprimand , s/he shall have the opportunity to place a rebuttal statement in his/her city and department personnel files.

If the employee is questioned further and/or offered an opportunity to respond or explain, s/he may have a representative with him/her during this meeting.
The employee shall read, sign for receipt and date the written documentation of the oral reprimand. (Note: The employee is only signing to acknowledge receipt of the written document, not indicating agreement with its content.)
The issuing supervisor and the employee should retain copies of the written documentation of the oral reprimand. Supervisors will send a copy, through the chain of command, to the appropriate Bureau Chief.
The employee may place a written rebuttal statement in his/her department and city personnel files regarding the disciplinary action.
The Bureau Chief will ensure that documentation of the action is placed in the employee’s city and/or department personnel files in accordance with Sections 5.6.6 and 5.6.7 of this document.department’s disciplinary

Question 26

11.0 11.1 PROCEDURE FOR ISSUING A WRITTEN REPRIMAND

Answer 26

When practical, before issuing a written reprimand consider seeking advice from a supervisor or peer.
A written reprimand prepared by the disciplinary supervisor in IDC format shall include the following:
1. Description of the behavior and/or performance that is unacceptable
2. Reference to any previous formal or informal conversations, counseling or specific discipline about the problem and when applicable, why lesser form(s) of discipline have been skipped.
3. Clear statement of the exact changes in behavior or performance that are expected of the employee
4. A specific timeframe for making the expected changes
5. An explanation of the consequences for non-compliance
6. Information about how documentation of this disciplinary action will be placed in the employee’s city and department personnel files (see Sections 5.6.6 and 5.6.7 of this policy).
7. Notice of EAP availability
The disciplinary supervisor will talk to the employee in a private area when issuing a written reprimand.
When the disciplinary supervisor meets with the employee to present the written reprimand, the disciplinary supervisor shall:
1. Specifically inform the employee that s/he is receiving a written reprimand
2. State and discuss the items noted in the written reprimand (see 11.2 above)
3. Tell the employee the specific changes in behavior or performance that are expected
4. Confirm that the employee understands what is expected
5. Remind the employee of EAP availability
6. Indicate confidence in the employee’s ability to make the desired changes
7. Inform the employee that documentation of the written reprimand will be placed in his/her department and city personnel files (see Sections 5.6.6 and 5.6.7 of this document).
8. Present the written reprimand to the employee for his/her signature
9. Have the employee read, sign and date the written reprimand document. (Note: The employee is only signing to acknowledge receipt of the written document, not indicating agreement with its content.)
10. Inform the employee that if s/he disagrees with the content of the written reprimand, s/he shall have the opportunity to place a rebuttal statement in his/her city and department personnel files.
If the employee is questioned further and/or offered an opportunity to respond or explain, s/he may have a representative with him/her during this meeting.
The employee shall read, sign for receipt and date the record of written reprimand. (Note: The employee is only signing to acknowledge receipt of the written document, not indicating agreement with its content.)
The disciplinary supervisor and the employee should retain copies of the written reprimand. After issuing the written reprimand the supervisor will forward a copy through the chain of command to the appropriate Bureau Chief.
The employee may place a written rebuttal statement in his/her department and city personnel files regarding the disciplinary action.
The Bureau Chief will ensure that documentation of the department’s disciplinary action is placed in the employee’s city and/or department personnel files in accordance with Sections 5.6.6 and 5.6.7 of this document.

Question 27

PROCEDURE FOR PUTTING PERSONNEL ON ADMINISTRATIVE LEAVE

Answer 27

A Chief Officer will inform the employee that s/he is on administrative leave and what s/he is expected to do.
A Chief Officer will document carefully why the employee’s continued presence at work is not in the best interests of the individual and/or the department and forward such documentation to the appropriate Bureau Chief.
The Chief Officer immediately must provide verbal notification of such action to the appropriate Bureau Chief. The Bureau Chief then will notify the Fire Chief and the City Attorney or Human Resources Director.
The Fire Chief or his/her designee will review any employee actions that led to placement of that employee on administrative leave.

Question 28

PROCEDURE FOR INTERNAL ADVISORY BOARD

Answer 28

13.1 Possible personnel problems within the department are brought to the attention of the Bureau Chief, preferably the Bureau Chief under whose control the reported problem exists.

13. 2 The Chief, may at his/her discretion, assign a Deputy Chief or Assistant Chief to assume responsibility for managing the preliminary process relative to a specific personnel problem, up to and including recommending that an Internal Advisory Board (IAB) be convened.
14. 3 The assigned Deputy Chief or Assistant Chief, at his or her discretion, may then conduct a further preliminary investigation to determine whether an Internal Advisory Board would be of assistance in the continuing evaluation of and/or handling the investigation of the matter.
15. 4 The assigned Deputy Chief or Assistant Chief notifies the Chief that an Internal Advisory Board is desired and the Chief selects the members of the board, including the Chair. 1. The IAB Chair should understand the appropriate use of the Garrity Warning during preliminary investigations involving possible criminal activity.
16. 5 The Chair of the Internal Advisory Board then:
    
    1. Schedules the Board meeting
    2. Notifies Board members and if applicable, the union.
    3. Directs the employee involved in the allegation to appear at the meeting and informs him/her that a representative of his/her choice may be present.
    4. Schedules witnesses to testify to the Board.
17. 6 Board meetings will be audio recorded, except in cases where the person being interviewed does not consent to the recording. The IAB Chair shall provide a form to the person being interviewed upon which s/he shall indicate consent or non-consent. The person and his/her representative shall sign and date the form.
18. 7 An Internal Advisory Board hearing may include the following steps which may occur in any order:
    
    1. The IAB Chair apprises the Board of preliminary investigation findings and provides relevant documents.
    2. The Board interviews possible witnesses and/or may call witnesses not previously scheduled.
    3. The employee involved is brought into the meeting and told
       a. The Board’s purpose.
       b. The Board will make a recommendation to the Chief regarding action to be taken.
       c. The final decision will be made by the Chief using a separate process.
    4. The Garrity Warning is read (see Section 3.11 of this document for full text) by the IAB Chair and affirmed in writing by the employee(s) against whom disciplinary action may be taken before any questioning takes place.
    5. The IAB Chair shall provide a form to the person being interviewed upon which s/he shall indicate receipt of the Garrity Warning. The person and his/her representative shall sign and date the form.
    6. The Garrity Warning shall be read and affirmed by any employee at any time the IAB determines that disciplinary action may be warranted. This could happen during an interview of an employee not previously believed involved in inappropriate behavior. This means the IAB may decide, in the course of its investigation, that other employees also may need to be considered for disciplinary action. In these cases, the IAB is bound to stop the proceedings once they make that determination and issue the Garrity Warning to those employees.
    7. The employee is asked to relate the situation to the Board.
    8. The Board members may ask questions.
    9. The employee is offered an opportunity to make any statements to the Board that may assist in its deliberations.
    10. Employee is dismissed from the hearing and may be recalled as needed.
    11. The Board members deliberate and agree on a recommended course of action.
    12. The IAB Chair summarizes testimony and Board discussion for the Chief and sees that the recording of the meeting is forwarded to the Chief.
    13. The Chief and the IAB Board Chair will then discuss the Board’s recommendations. The Chief may solicit input from other resources at his/her discretion.

Question 29

13.8 Final Decision

Answer 29

1. The Chief will review the case, discuss the Board’s recommendations with the IAB Chair and others as s/he deems necessary and then determine what action the Department will take.
2. If the employee is fully exonerated, or if the discipline is to be an oral or written reprimand, the following procedure is used:
   a. Responsible Bureau Chief or Assistant Chief will notify the Union or other representative that the Department has determined notice of exoneration, counseling or an oral/written reprimand will be given. The employee also will be informed that his/her Union has been notified of this action.
   b. The responsible Bureau Chief or Assistant Chief will notify the involved employee of a date and time to meet, informing him/her that a representative of his/her choice may be present.
3. At this meeting with the employee, the responsible Bureau Chief or Assistant Chief will inform the employee of Department’s decided action(s) AND:
   a. For a notice of exoneration, inform the employee that a copy of the notice will be included in his/her department and city personnel files.
   b. For an oral or written reprimand, follow the procedures outlined in Sections 10 and 11, as applicable.
   
   4. For oral reprimands, the Bureau Chief or Assistant Chief additionally will inform the employee that s/he may, after one year, petition the Chief to remove the written documentation of the oral reprimand from his/her department personnel file.
4. After the meeting the Bureau Chief or Assistant Chief shall:
   a. Include documentation in the employee’s department and city personnel file as appropriate.
   b. Send a copy to the employee’s Local, if applicable.
5. For disciplinary action resulting in loss of pay, suspension, demotion or termination the procedure for issuing a Notice of Intent to Discipline will be followed in accordance with Section 14.0 of this document.

Question 30

14.0 PROCEDURE FOR DISCIPLINE RESULTING IN SUSPENSION, DEMOTION OR TERMINATION

Answer 30

14. 1 In the event the Chief determines that the disciplinary action to be taken will result in suspension, demotion or termination, the Chief shall issue a Notice of Intent to Discipline to the affected employee. The Chief also must notify the assigned City Attorney and Human Resources Director regarding the violation and intended action and obtain their signatures on the letter. The Notice shall include the following:
    
    1. The employee’s specific actions and the factual background of the case.
    2. The specific departmental, city or other violations that may have occurred.
    3. The preliminary findings and conclusions of the Chief.
    4. The specific intended disciplinary action(s) to be taken.
    5. Notice to the employee that s/he may have a copy of all written materials, reports, documents, and items that have been or will be used as evidence of the charges.
    6. The time and date for the pre-disciplinary hearing.
    7. The statement as follows: “You are entitled to respond to this Notice of Intent to Discipline in writing or in person. You have 10 calendar days from the date of this Notice to do so.”
    8. Notice of Employee Assistance Program availability.
15. 2 The letter shall be copied to the employee’s union unless the employee has specifically, and in writing, declined union representation. If union representation is declined, the union shall receive only written notification that charges have been made against an employee.
16. 3 The Chief’s Administrative Assistant shall see that the employee in question is given access to all materials being used by the Department to support the proposed disciplinary action against him/her and if practical, should supply the employee with a copy of such material.
17. 4 If the employee wishes to convey information, arguments, or objections to the Chief concerning the charges and proposed discipline, the following procedures will be followed:
    
    1. The employee may make an appointment to meet with the Chief to appeal his/her Notice of Intent to Discipline. That meeting should take place on or before the deadline stated in the Chief’s Intent to Discipline notice.
    2. The employee may request representation of his/her choice during an in- person appeal to the Chief.
    3. Alternatively, the employee may appeal the Notice of Intent to Discipline by stating his/her position in writing to the Chief on or before the deadline stated in the Chief’s Intent to Discipline notice.
    4. The employee’s appeal, whether written or in-person, will specify each charge or disciplinary action contested and the reason(s) for contesting them.
18. 5 The Chief will review the case, gather any additional facts deemed germane to the investigation, and determine the Department’s final action.
19. 6 The Chief or his/her designee will inform the employee of the final decision in writing via a decision letter and carry out the disciplinary action.