All separations of employees from positions in the service of the County shall be designated as either voluntary or involuntary. Employees may be voluntarily separated from County service by either resignation, retirement or failing to report to work for three (3) consecutive days. Employees may be involuntarily separated from County service by reduction in force, disability, dismissal, unavailability for work when leave is exhausted or death. The degree and type of action based on the above types of separation shall be based on the sound and considered judgment in accordance with the provisions of this Article. When just cause exists the only disciplinary actions are: oral warning, written warning, disciplinary suspension without pay, demotion, and dismissal.

Section 2. Resignation

Employees may resign either in "Good Standing" or "Not in Good Standing."

A. Resignation in Good Standing occurs when an employee submits a letter of resignation a minimum of ten (10) working days prior to the effective date of resignation. Such notice shall be provided to the immediate supervisor (or in the case of department heads, to the County Manager, or appropriate appointing authority, and the appropriate governing body, if applicable). Employees who resign in Good Standing may be considered for future employment with the County.

B. Resignation Not in Good Standing occurs when:

1. An employee fails to submit a letter of resignation at least ten (10) working days prior to the effective date of resignation;

2. An employee fails to report to work one (1) working day following a leave of absence without pay;

3. An employee is absent from work three (3) working days without authorized leave - separation pursuant to this policy should not occur until the employing agency has undertaken reasonable efforts to locate the employee and determine when or if the employee is intending to return to work;

4. An employee resigns to avoid announced disciplinary action.

An employee who resigns from County employment "Not in Good Standing" is normally ineligible for future employment with the County.

Section 3. Retirement

When an employee meets the conditions set forth under the provisions of any retirement plan adopted by the Board of County Commissioners for County employees, he or she may elect to retire and receive all benefits earned under the retirement plan.

Section 4. Reduction in Force

A. Reduction in force is the involuntary separation of an employee due to lack of work or funds, or elimination of the employee’s position due to reorganization. If a reduction in force occurs:

1. Together with the Departmental Director(s) involved, the Personnel Director shall determine the employee(s) affected by the reduction in force.

2. The Personnel Director shall determine and list all employees, subject to the authority or control of the County Manager, serving in the same class throughout the County who are on that date listed as temporary or probationary employees. Furthermore, the Personnel Director shall add to that list any position(s) which, on that date, is not filled or is being advertised within the same class which is affected by the reduction in force.

3. No permanent employee, subject to the authority or control of the County Manager, shall be separated while there are unfilled positions or temporary or probationary employees serving within the County in the same class unless the permanent employee is not willing to transfer to the position held by the temporary or probationary employee.

4. The Department Director involved and the Personnel Director shall make their final determination(s) by giving consideration to the employee(s) involved by:

a. Showing organization needs;

b. Performance; and

c. Seniority

5. The Departmental Director involved and the Personnel Director shall advise and provide documented recommendations to the County Manager as to those employees who shall be separated because of reduction in force.

6. Rather than just the involved departments, the County Manager, who has the final authority to determine the employee(s) to be separated because of reduction in force, may consider the entire County work force, subject to his or her authority or control when making his or her decision.

B. Employees who are subject to a reduction in force have priority consideration, for a period of one year, for any position that becomes available if the employee is qualified. The person must submit an application to the Personnel Department documenting their priority situation. Employees who are subject to a reduction in force are given at least two (2) weeks notice of the anticipated lay-off.

Section 5. Severance Pay Policy and Involuntary Termination

Involuntary termination occurs with the reduction in force of an employee due to lack of funds or elimination of the employee's position due to reorganization. If a reduction in force occurs, severance shall be paid as follows:

A. Permanent full-time and permanent part-time employees who qualify for benefits under the Local Governmental Employees’ Retirement System shall be paid at the rate of two weeks’ pay for each full year of service to the County, up to a maximum payment equal to twenty four (24) weeks.

B. Any remaining portion of a year's service to the County shall be paid at a pro-rata basis.

C. An employee receiving severance pay shall not be eligible for re-employment with the County for the number of weeks calculated in the severance payoff, unless repayment is made in advance of re-employment for any severance in excess of the period of actual separation from the County.

D. The following employees shall not be eligible for severance payment.

1. Temporary or probationary employees.

*2. Any employee who is in a time-limited/grant-funded or contract position.
      * Revision 10-98

3. Any employee for whom the County has arranged comparable employment with a non-county agency.

4. Any employee who declines an offer of comparable employment by the County prior to his/her date of separation.

Section 6. Disability

An employee may be separated for disability when the employee cannot perform the essential functions of the position because of a physical or mental impairment. Action may be initiated by the employee or the County but in all cases it shall be supported by medical evidence as certified by a competent physician. The County may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, the organization shall attempt to make a reasonable accommodation to the employee which may include location of an alternative position within the County’s service for which the employee may be suited.

Section 7. Discipline and Dismissal to Include Grossly Inefficient Job Performance Policy

All County employees are subject to disciplinary actions, including dismissal, when just cause exists. For purposes of this policy, the County has determined two types of actions that establish just cause for implementing disciplinary and or dismissal action on an employee. The two types of employee actions are: (1) unnacceptable personal conduct and (2) unsatisfactory job performance. Both types of the above mentioned employee actions and the supervisory actions resulting in discipline and or dismissal are explained as follows in this section.

I. Unacceptable Personal Conduct

A. Unacceptable personal conduct is:

1. Conduct for which no reasonable person should expect to receive prior warning; or,

2. Job related conduct which constitutes a violation of state or federal law; or,

3. Conviction of a felony or an offense involving moral turpitude that is detrimental to or impacts the employee’s service to the agency; or,

4. The willful violation of known or written work rules; or,

5. Conduct unbecoming an employee that is detrimental to the agency’s service; or,

6. The abuse of client(s), patient(s), student(s), or a person(s) over whom the employee has charge or to whom the employee has a responsibility, or of an animal owned or in the custody of the agency; or,

7. Falsification of an employment application or other employment documentation that is related to the position requirements; or,

8. Failure to obtain or maintain any license, registration or certification required by a relevant law, rule or provision when the duties of the position require that license, registration or certification.

9. Absence from work after all authorized leave credits and benefits have been exhausted; or,

10. Insubordination which is the willful failure or refusal to carry out a reasonable order from an authorized supervisor. Insubordination is considered unacceptable personal conduct for which any level of discipline, including dismissal, may be imposed without prior warning.

B. Discipline/Dismissal Action for Unacceptable Personal Conduct:

1. An employee can be suspended without notice for causes related to unacceptable personal conduct in order to avoid undue disruption of work and/or to protect the safety of persons or property in the associated work area. When a department head suspends an employee without notice, the employee is required to leave the County property at once and remain away until further notice after a pre-suspension conference is held. The department head shall notify the Personnel Director immediately. A written summary giving the circumstances and the facts leading to the immediate suspension shall be prepared. One (1) copy shall be delivered to the employee by certified mail, one (1) copy shall be filed in the employee's personnel file. An employee who has successfully completed the probationary period and is dismissed on a first offense shall be offered the opportunity to appeal in accordance with the grievance procedure prescribed in Article IX of this ordinance.

II. Unsatisfactory Job Performance

A. Unsatisfactory job performance occurs when an employee's performance is unsatisfactory over a period of time and no improvement occurs after specific notice has been given to the employee concerning the performance deficiency and how to improve performance to satisfactory levels. Such employee actions are subject to progressive disciplinary actions as described below. This type of employee action must receive the following steps and cannot result in first offense discipline or dismissal. However, this system of progressive discipline does not apply to probationary or temporary employees who may be separated for just cause. In addition, it is not required nor necessary that successive disciplinary actions all concern the same type of unsatisfactory performance.

1. If disciplinary action is required, the first step is to issue an oral or written warning to the employee outlining the disciplinary issue and strategies for improving or discontinuing the action or behavior. The supervisor has discretion in issuing an oral or written warning on a first offense of unsatisfactory performance, but this policy forbids more than two oral warnings for a single type of unsatisfactory performance.

2. If the supervisor gives oral warning(s) and it does not result in improved performance and/or behavior, a written warning must be issued by the supervisor, specifying the employee's performance deficiencies and the steps required to achieve satisfactory performance, as well as written statement that further action may result in a specific action, including dismissal. Again, the supervisor does not have to issue any oral warnings and may go directly to the written warning on a first offense. The employee shall be asked to sign a confirmation of receipt of the written warning. If the employee refuses to sign, it shall be so noted, and attested to by a witness (preferably another supervisor) that a written warning was given to the employee.

3. If performance still does not improve, a final written warning must be issued by the department head. The final written warning serves notice to the employee that corrective action must be taken immediately to avoid disciplinary action and specifies that failure to male the required performance improvements may result in dismissal. The supervisor and the department head shall record the dates of their discussions with the employee, the performance deficiencies discussed, and the corrective actions recommended, and file the information in the employee's personnel file.

4. If performance still does not improve, the employee may be suspended without pay for a period of up to fourteen (14) days, or the department head may recommend to the County Manager, or corresponding appointing authority, that the employee be dismissed. Dismissal shall be the final decision of the County Manager or corresponding appointing authority.

B. Grossly Inefficient Job Performance

1. Grossly inefficient job performance occurs in instances in which the employee fails to satisfactorily perform job requirements as specified in the job description, work plan, or as directed by the management of the work unit or agency and that failure results in one or both of the following:

a. The creation of the potential for death or serious harm to a client(s), employee(s), member(s) of the public or to a person(s) over whom the employee has responsibility.

b. The loss of or damage to agency property or funds that result in a serious impact on the organization and/or work unit.

2. An employee can be suspended without notice for grossly inefficient job performance in order to avoid undue disruption of work and/or to protect the safety of persons or property in the associated work area. When a department head suspends an employee without notice, the employee is required to leave the County property at once and remain away until further notice. The department head shall notify the Personnel Director immediately. A written summary giving the circumstances and the facts leading to the immediate suspension shall be prepared. One (1) copy shall be delivered to the employee by certified mail, one (1) copy shall be filed in the employee's personnel file. An employee who has successfully completed the probationary period and is dismissed on a first offense shall be offered the opportunity to appeal in accordance with the grievance procedure prescribed in Article IX of this ordinance.

C. All disciplinary warnings submitted to the employee become inactive after eighteen (18) months unless extended in writing or a second warning occurs during the eighteen (18) month time-frame.

D. All dismissals must be preceded by a predismissal conference, which must be conducted by the County Manager and/or Personnel Director or the corresponding appointing authority.

E. In the case of alcohol or other substance abuse, the employee may be required to participate in a rehabilitation program at their own expense as a condition of further employment.

III. Disciplinary Suspension Without Pay

A. Disciplinary suspension without pay of a permanent employee shall be applicable as follows:

1. For Unsatisfactory Job Performance after the receipt of at least one prior written disciplinary action.

2. For any instance of Unacceptable Personal Conduct.

3. For any instance of Grossly Inefficient Job Performance.

B. Essential consideration for disciplinary suspension without pay of a permanent employee are as follows:

1. A pre-disciplinary suspension conference is required following applicable procedures from the guidelines for conducting a pre-dismissal conference. Advance oral or written notice of the conference is required.

2. For employees subject to the overtime provisions of the Fair Labor Standards Act, the suspension must be for at least one full work day with a maximum time of two weeks.

3. For employees who are exempt from the overtime provisions of the Fair Labor Standards Act, the suspension must be for at least one work week with a maximum time of two weeks.

4. Furnish the employee a written statement setting forth the specific reasons for the suspension and notification of the employees' right to appeal. Attach a copy of the grievance procedure.

Section 8. Predismissal Conference

Dismissal of a permanent employee for unsatisfactory job performance, grossly inefficient job performance, and/or unacceptable personal conduct requires a predismissal conference prior to the employee’s permanent dismissal.

A. A predismissal conference must precede dismissal of permanent employees for unsatisfactory job performance, grossly inefficient job performance or unacceptable personal conduct. The conference should include the Personnel Director and/or the County Manager or corresponding appointing official who has jurisdiction over the employee (department head and/or supervisors who prepared any and all written warnings and who have knowledge of the employee’s performance or conduct which has lead to the proposed disciplinary action) and the employee.

B. Advance written notice of the predismissal conference is required. As much time as is practical under the circumstances surrounding the employee’s performance or conduct should be given. Preference would be a minimum of one day notice generated through the Personnel Department and signed by the management members involved (department head and supervisor(s) involved).

C. The notice to the employee should include the following:

1. Inform the employee there shall be a predismissal conference and include the time, date, and location of the conference.

2. Provide a summary of the evidence and the issues for which the dismissal is being conducted.

3. Indicate that the organization is considering the action, but that the conference is to aid in reaching a final decision.

4. Inform the employee that he/she shall be given an opportunity to respond to the evidence at the conference.

D. The conference is to be conducted by the County Manager and/or Personnel Director or corresponding appointing authority in cases where the Personnel Director may be the employee in question or where the Personnel Director is the supervisor of an employee in question). It is necessary that during the conference the following procedures should occur:

1. All evidence and related information regarding the performance and or conduct be reviewed orally.

2. Management may request to have present a second representative and, if necessary, security personnel.

3. No attorneys are allowed in the predismissal conference.

4. Specific reasons and back-up documentation, to include all written warnings, should be presented which support the proposed action.

5. Insure the employee at the onset of the conference that no final decision has been made.

6. Solicit information from the employee which shall allow him/her to present their side or perspective of the issue(s).

7. The employee does not have the option of presenting witnesses.

8. Terminate the conference for the purpose of evaluating and weighing all information/evidence presented.

E. A meeting with all appropriate management/staff/legal resources follows the predismissal conference to evaluate all information obtained in the predismissal conference in order to render a final decision on the appropriate course of action. If the decision is to dismiss the employee, the decision, determined as final by the County Manager or corresponding appointing authority, must be communicated to the employee the next business day following the predismissal conference and issue to the employee a copy of the appeals procedure.

Section 9. Death

The estate of an employee who dies while employed by the County shall be provided benefits and compensation due to the employee at the time of the employee's death.

Section 10. Placement Investigation

A. Investigatory suspension with pay may be used to provide time to investigate, establish facts, and reach a decision concerning an employee's status. Placement investigation with pay may be appropriately used to provide time to schedule and hold a predismissal conference. Also, the County may elect to use placement investigation to avoid undue disruption of work or to protect the safety of persons or property. A placement investigation with pay shall not exceed thirty (30) calendar days unless extended by management. Extensions shall be in writing to the employee and include the specific reason for the extension and the length of the extension.

B. Placement investigation of an employee shall not be used for the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee.

Section 11. Separation Procedure

Prior to separation, an employee separating from employment with the County may have an exit interview with the Personnel Department and the employee's department head. Any County property in the employee's possession shall be returned to the County prior to separation. If the separation is involuntary, the employee shall be informed of the right to appeal.

Secton 12. Disciplinary Demotion

A. Disciplinary demotion of an employee shall be applicable as follows:

1. After the receipt of at least one written prior disciplinary action.

2. For any instance of Unacceptable Personal Conduct.

3. For any instance of Grossly Inefficient Job Performance.

B. Essential consideration for an employee disciplinary demotion are as follows:

1. A pre-demotion conference is required following applicable procedures from the guidelines for conducting a pre-dismissal conference, advance oral or written notice of the conference is required.

2. Furnish the employee a written statment setting forthe the specific reasons for the demotion. Include in the statement:

a. How and to what extent the demotion will affect the employee's salary and pay grade.

b. It is recommended that, if appropriate, a revised job description outlining the employee's revised duties and responsibilities be attached.

c. Issue to the employee a copy of the appeal procedure.

Section 13. Employee Appeal

An employee wishing to appeal a reprimand, a demotion, a suspension, or a dismissal may present the matter using the grievance procedure prescribed in Article IX of this Ordinance. Suspension by placement investigation is not open for appeal.