Dimension in Discipline Flashcards
If an employee’s overall performance declines below the satisfactory level, then what do you do? pg. 5
a Supplemental Performance Evaluation and Performance Development Plan should be completed.
Depending on the seriousness of the performance issue what could happen? pg.5
a more severe form of discipline may be appropriate in the first instance.
Supplemental Performance Evaluation and Performance Development Plan, define it? pg.5
- provides formal notification to the employee that there is a performance problem
- defines expectations and a time line for expected improvements
- also documents the problem for future reference if further disciplinary action becomes necessary.
What is the purpose of “Progressive Discipline” ? pg.5
to correct performance problems by imposing discipline of increasing severity if the performance problems are not corrected.
The primary measures for addressing misconduct, in order from least to most severe? pg. 6
- Oral Warning
- Written Warning
- Reprimand
- Suspension
- Demotion
- Termination
For more serious misconduct problems what are some options in terms of speaking with someone?
- Group Human Resources Manager or the department’s human resources office
- liaison in the City Attorney’s Office
- Labor Relations Office
What requires the due process under misconduct? pg. 7
Suspension 1
Demotion 1, 2
Termination 1
What requires due process under Performance based problems? pg.7
Reduction in Compensation 1
Demotion1,2
Termination1
What are the components to Practicing Discipline: pg.
Consistency
Communication
Privacy and Confidentiality
Documentation
Probationary and limited employees have appeal rights to the Civil Service Commission for? pg. 13
Suspensions only
Does Probationary Firefighters have the right to appeal termination due to probationary failure? pg.13
no; they do not have a right of an appeal
When a probationary employee fails probation for performance reasons, it is suggested (but not required) that the supervisor follow what? pg. 13
Advance Notice procedure.
Probationary employees are allowed a hearing if they are failing probation due to what? pg.14
misconduct.
They do not, however, have rights to appeal any discipline to the Civil Service Commission, except in cases of? pg. 14
Suspension or Reduction in Compensation.
A permanent employee transferring to another department but remaining in the same job classification, or demoting to a position in which he or she has achieved permanent status, has a trial period of? pg. 14
60 calendar days of active duty in the new position.
If an employee fails to meet performance standards, he or she can be formally notified of this through a ? pg. 24
Supplemental Performance Report
A Performance Development Plan must be used whenever an employee receives a? pg. 24
Supplemental Performance Report
The supervisor or manager must review the employee’s performance again when? pg. 25
Within 90 days
Can an Employee request a “Skelly Hearing” for a delayed step pay increase? pg.25
NO, since there is an expectation that the employee meet the requirements of the position in order to qualify for normal step increases
What can be used to recognize an employee with exceptional performance? pg. 26
Commendation form
Performance evaluation form
How often do you give the Probationary employees a Performance Evaluation? pg. 27
Quarterly
Counseling is not used in cases of? pg. 28
misconduct
What needs to be included with a written counseling? pg. 28
Notice of Counseling
Does an Oral Counseling need to precede a Written Counseling? pg. 28
No it does not.
should be appropriate for the incident
What is a written counseling? pg. 31
puts the instructions given to the employee in the Oral Counseling session in writing.
The employee must be given at least how many days to arrange for representation? pg. 32
5 days
Who conducts oral counseling? pg. 34
The immediate supervisor
Does an employee have the right to representation in a oral counseling? pg. 34
no
Prior to giving the employee the Written Warning, how much time do they have to arrange for representation? pg. 40
The employee must be given a reasonable time to arrange for representation
Reprimand must be issued by a? pg.44
Deputy Director or designee.
The employee has how many “working days” after receipt of the Notice of Adverse Action to appeal. pg. 50
10 working days
There are three types of Suspensions: pg. 53
Suspension in Response to Misconduct
Suspension Pending Investigation
On-the-Spot Suspension.
A Suspension Pending Investigation must be approved by ? Last for how long? pg.53
Approved by the Mayor and last for 30 days
What’s the purpose of a fact finding?
to establish facts surrounding reports of employee misconduct
Does an employee have “rights” to representation during an oral counseling?
NO
Who has to authorize a “suspension pending investigation”?
Mayor or Labor Relations office for mayoral depts. prior to take action
Give an example of when a satisfactory employee would need an oral counseling?
- absenteeism problem
- becoming argumentative
- stopped doing his or her share of the work
During a fact finding meeting it is advisable to have at least how many people on the panel?
2 people
Can an employee or management record a fact finding?
Yes per FBOR
Once a request for an appeal has been filed with the commission in regards to termination -vs- an employee resigning. Who needs to approve this?
Civil Service Commission
How should an oral or written counseling meeting be conducted?
- State what the PROBLEM or SITUATION is
- Describe the specific behavior
- Describe the expected behavior needed and then have them explain it back.
- Explain how he or she can develop better work habits.
- Suggest training
Instructions in a written counseling should be what?
- specific (facts)
- include examples of the employee’s performance problems (facts)
- offer suggestions on how to improve them
Upon approval of the Notice of Adverse Action when does it have to be delivered?
within 5 working days
When is a Supplemental Performance Report given?
when a supervisor or manager decides to make an official record of “POOR OVERALL” employee performance. Before a PDP
What is the “Commendation” form used for?
Exceptional Performance
What are the different types of counseling?
Oral and Written
Oral = Informal (but important)
Written = Formal
What should you do if an employee refuses to sign the Notice of Counseling?
Note: the person refusing to sign
You sign and date it
Have a witness sign and date it
Appeal hearings are usually heard by whom? pg. 69
A single commissioner
How long of a notice is required when you resign from your position?
1 week
What type discipline need not be progressive? pg. 6
Misconduct discipline
When should a suspension be implemented? pg.53
when an oral or written warning and reprimands have been insufficient to correct the problem behavior.
- suspension can also be used as a step for misconduct
Written warnings are issued for what? pg. 36
Violating a rule, policy, or procedure
What criteria should be used for determining when discipline is most appropriate? pg. 10
- when their behavior negatively impacts other employees including the supervisor
- violation of a rule, law or regulation
- behavior impacts the public negatively
- not performing a full range of duties at a satisfactory level
What’s the term limit for a “Reduction in Compensation”? pg. 57
6 months
When is the reduction in compensation used? pg.57
used in cases of sustained poor work performance
Are there appeal rights for a “Suspension Pending Investigation”? pg. 54
NO; because it’s non-disciplinary suspension
What happens if the final discipline is not issued prior to the end of 30 days of a “suspension pending Investigation”? pg.54
the employee must be reinstated with full pay
What cases are “demotions” used in? pg. 65
performance related; not usually misconduct
If an employee is on a “Reduction in Compensation” when do you have to review their performance? pg. 57
90 days; although it may be reviewed sooner
Define: Demotion pg.62
a reduction in job classification
How many members on the Civil Service Commission? pg 67
5 members and they are appointed by the Mayor
When is EAP mandatory for employees? pg. 12
- Last Chance Agreements
- Conditions of continued Employment process
What’s a “quorum” in a Civil Service Commission Appeal Hearing? pg. 74
3 to 5 commissioners hear the case; instead of ONE commissioner
The measures for addressing performance-related problems are listed below, in order from least to most severe
Oral Counseling Written Counseling Supplemental Performance Evaluation and required PDP Reduction in Compensation Demotion Termination
What’s the City’s Philosophy and goal of discipline?
Correct and modify behavior that impacts:
- other employees
- service delivery to the public
- interferes with another employee’s ability to perform his/her job duties
- violates policies, procedures and regulations
- ***get the employee back to meeting performance and behavior standards.
Discipline should:
- be progressive
- generally use the least severe step which will restore employee to meeting standards.
- address disciplinary issuers as close to the time of the incident as possible
What level of discipline requires an approval from a second level supervisor?
“San Diego Discipline 101”
Supplemental Performance Report and PDP
What type of discipline can a first level supervisor (captain/sergeant) do?
Verbal counseling and Verbal Warning
Written counseling and Written Warning
Who drafts and issues reprimands?
Drafted by the direct supervisor
Issued by Deputy Chief/Shift Commander/Lifeguard Captain
What level of discipline gets drafted and issued by a deputy chief/shift commander
- reduction in compensation
- suspension
- ***needs the Fire Chief approval
What level of discipline is drafted by a DC/SC or above, issued by the Asst. Chiefs, with approval of the Fire Chief?
Demotion
What level of discipline gets drafted by a DC/SC or above, and approved/issued by the Fire Chief?
Termination
Counselings and Warnings usually focus on what?
Specific issue or incident (narrow focus)
Performance evaluations may address what?
Multiple performance issues (broad focus)
During a fact finding, does a witness have the right of representation?
No, they do not.
If they verbalize something that can be construed as a violation, then the meeting will stop and the employee will be afforded the representation. There will be an investigation/fact finding at a later date.
All Supplemental Performance Reports should have a __________________________________. The Supplemental Performance Report is the discipline component and provides supervisors with the opportunity to document poor overall job performance and discuss it with the employee.
Performance Development Plan
“For cause” drug/alcohol testing:
Reasonable suspicion may also result from an observation of physical symptoms such as the following:
- Slurred speech
- Drowsiness or actual sleeping during working hours
- Red, watery eyes
- Dilated pupils
- Odor of alcohol on the breath
- Unsteady gait
Approvals needed before initiating testing (before a “For Cause” test can be given it must reviewed and approved)?
- Asst. Fire Chief or PSO
- Approval from HR and City Personnel
“For cause” test:
Who will make the notifications to the facility where the test will be made?
Personnel in most cases
