Download PDF Packet - Agenda

. has made a false statement of or has misrepresented a material fact in the employee's
application for employment, or on other work records;
s. has endangered the health or safety of any employee or the general public;
t. the employee is in possession or use of controlled substances, as defined in Article
4476-15, Texas Revised Civil Statutes now and as hereafter amended, marijuana or drug
paraphernalia on County property or any place designated as a work site where the County is
carrying on business or providing services;
u. the employee comes to work, is at work, or remains at work under the influence of
alcoholic beverages; controlled substances, as defined in Article 4476-15, Texas Revised
Civil Statutes now and as hereafter amended, or marijuana;
v. just cause, as determined by the merits of each individual case and upheld by the
Civil Service Commission;
w. fails to submit requested documentation to appointing authority concerning a medical
condition of the employee which may present a contradiction to continued employment.
TYPES OF DISCIPLINARY ACTION:
7.03 Verbal Reprimand, First and Second Level Discipline: Prior to a suspension, demotion, or
termination, the appointing authority depending on the severity of the employee's actions may use
lesser forms of disciplinary action. However, nothing in this paragraph shall prohibit the appointing
authority from proceeding to the third level of discipline which includes suspension, termination or
demotion, if the employee commits a major offense that warrants such discipline. In all levels of
discipline, the appointing authority may designate responsible individuals to administer disciplinary
actions. In such instances, the designee is acting on behalf of and in the name of the appointing
authority.
The lesser forms of action that may be taken against the employee include:
a. Verbal Reprimand: This is the least severe form of disciplinary action and is
designed to advise the employee of the problem which has resulted in unsatisfactory behavior
or performance. This level of discipline is not subject to the grievance process.
b. First Level Discipline: The first formal step in progressive discipline. This level
deals with continuation of minor offenses, when two or more previous verbal reprimands do
not result in the correction of the problem by the employee. This level of discipline should
be documented, labeled "FIRST LEVEL DISCIPLINE", and signed by the supervisor and
employee, and should also allow for the employee to respond. Documentation should be
distributed to the employee, the Department of Human Resources, and the immediate
supervisor. This level of discipline is not subject to the grievance process.
c. Second Level Discipline: This level of discipline deals with serious offenses or
continuation of minor offenses that were not corrected in the first level of discipline. The
second level of discipline may be used without the use of first level discipline when the
offense is serious enough to warrant such action. The selection of this level over the first
level is a management decision that may be appealed through the applicable grievance
process by the subject employee. This level of discipline should also be labeled "SECOND
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Nueces County Civil Service Commission Page -49-
Rules and Regulations [Adopted on ___________]