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Download PDF Packet - Agenda

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understands the severity of the action and is given opportunity to respond in writing to the<br />

department head before formal action is taken by the department. In cases such as theft or driving<br />

while intoxicated, where the offense itself constitutes a breach of safety or fiscal security that must<br />

be corrected immediately, the employee may be suspended from active duty. Given absolution from<br />

the offense, whereby the appropriate reviewing authority or the civil service commission (in cases of<br />

classified workers) finds the disciplinary action unwarranted, the department must reinstate and pay<br />

the individual for work time lost as a result of the suspension. However, if upheld by the appropriate<br />

reviewing authority or the civil service commission, the individual's dismissal will become effective<br />

with the department's suspension order. Department heads have the option to choose this course at<br />

their discretion although employees have the right to appeal all such actions to the Human Resources<br />

Department. In cases of non-civil service workers, the Commissioners Court may choose to establish<br />

a review committee to hear the employee's complaint and recommend disposition. In the case of civil<br />

service employees, the matter will be referred to the civil service commission for review. Discipline<br />

that may be administered at this level includes:<br />

a. Demotion: The movement of an employee from his/her present position to one with<br />

either a lower starting salary, or a salary level that is less than his/her current salary.<br />

b. Suspension:<br />

1. With Pay: This is an ordered absence from duty while in full pay status for a<br />

prescribed period of time. It allows for immediate response to a suspected but not<br />

fully substantiated offense as well as a period in which an investigation can be<br />

thoroughly pursued.<br />

2. Without Pay: This is an ordered absence from duty without pay for a prescribed<br />

period of time. This level of discipline requires a written notice and the right of the<br />

employee to respond before the suspension occurs.<br />

c. Termination: Removal from the public service.<br />

The third level of discipline is subject to the grievance process.<br />

7.05 Documentation of Disciplinary Action:<br />

a. Any officer or employee of the county may be removed, suspended, or reduced in<br />

rank/compensation by the appointing authority after the probationary period has been<br />

served by an order in writing stating the following:<br />

1. The cause for the discipline.<br />

2. The specific reason supporting the cause.<br />

3. The discipline to be imposed.<br />

4. The effective date, and<br />

5. The right of the employee to appeal to appropriate authority such as through the<br />

Human Resources Department to the Commissioners Court which may choose to<br />

refer the matter to a review committee, or in cases of civil service employees, to the<br />

grievance process of the civil service commission.<br />

Nueces County Personnel Policy Manual Page -47-<br />

Approved by Commissioners Court on January _____, 2013

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