Item M4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed. May 16, 2012
Bulk Item: Yes No XX
Division: BOCC — Mayor Rice
Staff Contact Person: T. Lamarche x6000
AGENDA ITEM WORDING:
Discussion regarding iPhones and iPads, and disciplinary processes.
ITEM BACKGROUND:
In February, County staff reported to the State Attorney activity concerning possible criminal activity of an
employee with respect to iPads and iPhones. It is public knowledge that a criminal investigation was launched
and that a grand jury has been convened with one of its charges to investigate the alleged criminal conduct of
the former IT director. The Grand Jury may look at the County's policies and procedures and may make
recommendations concerning same. It is desired to respect the Grand Jury process, yet eventually still abide by
the County's existing disciplinary processes for anyone who should be disciplined.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Standards of Employment, Disciplinary Action and Appeals in the County's Personnel Policies
and procedures. See attached Section 9 of the Policies and Procedures.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
STANDARDS OF EMPLOYMENT, DISCIPLINARY ACTION
AND APPEALS
SECTION 9
9.01 INTENTION
It is the intention of the Board of County Commissioners that effective supervision and employee relations
will avoid most matters which necessitate disciplinary action. The purpose of rules and disciplinary action for
violating such rules is not intended to restrict the rights of anyone; but to ensure the rights of all, and secure
cooperation and orderliness throughout the County Service. For minor, non -serious offenses, whenever
possible, the administration of discipline will be characterized as constructive, corrective and progressive.
9.02 RESPONSIBILITY FOR ADMINISTRATION
It shall be the responsibility of the County Administrator, in cooperation with Division Directors and the
Board of County Commissioners to assure that disciplinary action is fair and consistent throughout the
County Service.
9.03 STANDARDS OF EMPLOYMENT
For the protection of Monroe County government and each employee, the following rules for personnel
conduct have been established. 1'he list includes, but is not limited to, reasons which may require disciplinary
action, up to discharge. A violation of any reasonable standard of employment, whether or not specifically
listed herein, will result in appropriate disciplinary action, which may include discharge for the first offense,
depending upon the seriousness of the offense.
A- Willful or repeated violations of County, State or Federal law or of these policies and procedures.
B. Insubordination - Refusal to respond to authority's reasonable request(s) or instruction.
C. Misconduct - Behavior not conforming to prevailing standards - Misconduct may include, but is not
limited to the following: Fighting or inflicting bodily harm on another person, gambling, dangerous horseplay,
being under the influence or possession of illegal drugs or alcoholic beverages, immoral behavior, smoking in
restricted areas, any violent act or language which adversely affects morale, production, or maintenance of
discipline. Rudeness or acts of disrespect to members of the public, supervisors, or other employees; on duty
or off duty. Employees shall not consume or be under the influence of alcoholic beverages, while on duty or
in County uniform, nor shall they use or be under the influence of, consume or possess illegal substances
while on duty, in County uniform or on County- property at any time.
D. Criminal, dishonest, infamous or notoriously disgraceful conduct adversely affecting the
employer/employee relationship (on duty or off duty).
E. Conviction of (or a plea of nolo contendere in connection with) a felony or gross misdemeanor, or
conviction of a misdemeanor or ordinance violation involving moral turpitude.
F. Theft or pilfering - Possessing, unauthorized use of, taking, removing, destroying or tampering with
County property without proper authorization.
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G. Fraud or Dishonesty - Falsification of County documents or records or failure to give complete
information for personnel records. Intentionally making false statement either oral or written about the
County, other employees, supervision, oneself or work situations.
H. Absenteeism or Abuse of Sick Leave - Habitual or excessive absence from work, or failure to return to
work promptly upon expiration of leave or vacation. Excessive absences, even if caused by a legitimate
illness, seriously impairs the County's operations, and such absences may be grounds for separation.
I. Tardiness - Failure to report to assigned work station on or before the scheduled starting time.
J. Leaving Assigned Work Area - Except for emergency reasons or with the Supervisor's approval, employees
are not to leave their assigned work area.
K. Misuse of Time - Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of articles or
services, distribution or posting of literature, canvassing, polling or petitioning.
L. Abuse of County Policies and Procedures - Misuse or abuse of established County policies such as
vacation, leave of absence, excused absence, sick leave, or any Wile, regulation, policy or procedure.
M. Safety `violations - Unauthorized possession and/or use of weapons, ammunition or explosives. Failure
to observe County and general safety practices and regulations. Neglect in the safety of others or the
committing of unsafe acts in the use and care of County property or equipment.
N. Illegal driving - Driving private or County vehicle while on County business when not possessing a valid
Florida and County driver's permit or liability insurance, in accordance with the Monroe County Safety
Policies.
O. Malicious or Negligent Destruction of Property-'X'illful or malicious destruction of County property.
Damage of property by failing to use proper equipment, care and good judgment.
P. Incompetence or Inefficiency - Inability or failure to perform work of an acceptable standard after a
reasonable trial and training period.
Q. Discrimination in Employment - Discriminating against an employee or an applicant for employment
because of race, color, national origin, sex, religion, creed, sexual preference, handicap or age as defined in
State and Federal laws.
R. Acceptance of unauthorized compensation.
S. Misfeasance - The doing of a lawful act in an unlawful or improper manner so that there is an infringement
on the rights of another.
T. Smoking — Smoking of tobacco products is prohibited in all Monroe County owned or occupied public
facilities (buildings), vehicles, elevators, meeting rooms, hallways, corridors, lobbies, water fountain areas,
stairwells and entryways.
9.04 DISCIPLINARY ACTIONS
Disciplinary actions are a means of calling employees to accountability for some act of commission or
omission which is regarded as injurious to the employer/employee relationship. The act could be relatively
Effective March 16, 2011 58 of 79
nunor, or quite serious. Serious acts may warrant immediate discharge, even for the first offense. All
employees should be made aware that a system of discipline exists for the benefit of all, and will be
administered without favor for the sake of orderliness and proper compliance with reasonable rules and
regulations pertaining to conduct and the performance of work.
When it is necessary that disciplinary action be taken, the degree of action shall be based on the following
considerations'.
1. There can be no mechanical formula for the application of discipline. Each instance of misconduct
or deficiency must be viewed and judged individually. For most lesser or first minor offenses, oral or
written reprimand shall be appropriate discipline.
2. When applicable, discipline for employees who commit multiple non serious offenses of a like or
different nature shall be more progressively stringent until the employee corrects the deficiency, or
failing this, discharge is considered to he necessary.
3. Department, Division Directors, the County Administrator, their Deputies and others occupying
positions of high trust and authority will be held to higher disciplinary and ethical standards than that
of other employees. Therefore the rules of progressive discipline for violations of Personnel Policies
and Procedures, and/or State and Federal Statutes may not be applicable.
4. Disciplinary actions shall be severe enough to constitute a reasonable attempt to bring about
correction.
5. Acceptable disciplinary actions shall be oral warning, written warning, written reprimand,
suspension (with or urithout pay), discharge, and in some cases demotion, depending on the offense.
6. Discharge for continued commitment of non serious, minor offenses shall be resorted to only
when sufficient other efforts to bring about correction have failed, or when the offense is sufficiently
serious in and of itself to warrant termination.
7. In determining the appropriate disciplinary action to be imposed against an employee, the County
Administrator will consider, at a minimum, the following factors:
a. The seriousness and circumstances of the particular offense.
b. The past record of the employee and his length of service.
c. The lapse of time since the employee last received a disciplinary action.
d. The County's practice in similar cases.
9.05 AUTHORIZATION FOR DISCIPLINARY ACTION
A. All written reprimands, suspensions and recommendations for suspension or discharge actions must be
approved by the Department Head and the Division Director and the letter concerning the action must be
forwarded immediately to the Human Resources office for review, and then approved by the County
Administrator or his designee.
B. In case of a recommendation for discharge, the employee may be suspended pending approval of
discharge by the County Administrator.
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C. Disciplinary actions applied to Department Heads or Di-.nsion Directors may be initiated by the County
Administrator.
9.06 ORAL WARNING
An oral warning is given to an employee to take recognition of a violation of County policy, rule, regulation,
standard or of an unsatisfactory habit, practice or act which, if repeated or continued, will subject the
employee to a more severe disciplinary action. The oral warning should be noted in writing, a copy of the
notation placed in the employee's official personnel file, specifying the nature of the warning and the date
given.
9.07 WRITTEN REPRIMAND
A letter of reprimand constitutes formal action against an employee for more serious types of violation of
County rules or standards of employment, or where less stringent actions have not been successful in
correcting a deficiencv. The letter of reprimand must identify the offense or deficiency and the correction
required.
A letter of reprimand can be used to impose restrictions on an employee, such as attendance, conduct or
special procedures to be followed. Restrictions so imposed shall be reviewed periodically and be removed,
modified, or continued with a follow-up letter. A copy of all letters should be placed in the employee's official
personnel file within 15 days of writing, whenever possible.
9.08 DEMOTION
Whenever it becomes apparent that an employee can no longer efficiently perform any or all of the duties and
responsibilities of his or her position, or when it is otherwise deemed to be in the best interest of the County,
an employee may be demoted. A demoted employee shall be notified by the County Administrator or his
designee at the time of demotion of the specific reason for the action and correction expected, if any. Such
notification shall be given the employee in writing. A copy of the notification will be placed in the employee's
official personnel file along with a written report on all appropriate information concerning the action.
An employee may be reclassified to a different title and/or pay grade at any time the County Administrator
deems appropriate. A temporary reclassification does not constitute a demotion, nor does a change in title
and/or pay grade which results from an evolution into a reduction of duties and/or responsibilities.
9.09 SUSPENSION
1. An employee may be suspended with or without pay by the Department Ilead and/or Division Director
with the approval of the County Administrator. The employee must be notified in writing of the suspension
period and citing the reason for the suspension.
2. An employee may be verbally suspended with or without pay by a Supervisor for the balance of a work
shift, or a longer period of time if needed until the Department IIead or appropriate authority can be
contacted, if the employee's conduct impairs normal working operations. The Supervisor must then
report the incident to the Department Head, who with the approval of the. Division Director must either
concur with, or cancel the action, in writing, to the employee citing the reason for the suspension, and
corrective action expected. Additional time of suspension may be recommended by the Department
Head with the approval of the Division Director and the County Administrator at that time. A copy of
Effective March 16, 2011 60 of 79
the suspension notification will be placed in the employee's official personnel file along with a written
report containing all appropriate information concerning the action.
9.10 DISCHARGE
Discharge is appropriate for first offenses of serious misconduct as well as repeated offenses of less serious
misconduct.
Sufficient documentation must be present to merit recommendation by the Department Head and the
Division Director to the County Administrator for discharge of any employee.
9.11 PROCEDURE. FOR IMPOSING DISCIPLINE
1. This procedure shall apply in cases where an employee may be subject to suspension, demotion or
termination. Furthermore, this procedure shall not necessarily apply to contract employees, probationary
employees, temporary employees or grant employees.
Z When the County receives information that an employee has engaged in certain conduct which could
warrant disciplinary action (other than a verbal warning or written reprimand, which may be issued by the
appropriate Supervisor) the employee will be advised, in writing, that disciplinary action could possibly be
imposed against him/her.
3. The employee will be provided with a written statement of the ,charges including sufficient facts and
reasons therefore as will enable the employee to provide an explanation and/or'defense. An employee against
whom disciplinary charges have been made will remain in pay status until such time as the County
Administrator renders his decision pursuant to paragraph 6(e), below. However, nothing herein shall preclude
the County Administrator, or other authorized personnel, from imposing immediate disciplinary action,
without advance notice, where it is believed by the person taking that action that giving such notice would
result in damage to the property of the County, would be detrimental to the interests of the County or would
result in injury to the employee, a fellow employee, or the general public. In such circumstances, said
employee will be given reasons for such action after it takes effect and thereafter will be entitled to utilize the
hearing procedure set forth in the following paragraphs.
4. The hearing shall be informal and shall not be in the nature of an evidentiary hearing. The employee may
bring an attorney or qualified representative to assist or adNisc him, but discovery, cross-examination, and
similar legal procedures are generally not permissible. An employee who wants to engage in discovery, cross-
examination, or other legal procedures must make an advance written application to the hearing officer. The
hearing officer's decision is final.
5. The informal hearing will be conducted before a hearing officer who shall be:
a. A Division Director or the County Administrator where the employee charged is a Department
Head;
b. The County Administrator or his designee where the employee charged is a Division Director; or
c. A Division/Department Head or a designee where the employee charged is an employee holding
Carcer Service Status and to whom section A and B above do not apply.
d. The County Administrator may serve as hearing officer whenever he/she sees a need to do so.
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6. The hearing will be informal and will be conducted as follows:
a. At least two working days prior to the hearing date, the employee shall provide the individual
conducting the hearing with a list of any witnesses or documents which the employee -,Ashes to offer
at the hearing.
b. The employee may be accompanied by legal counsel of his/her choice. If the employee intends to
be represented by counsel at said hearing, notice of such must be provided to the hearing officer as far
in advance of the hearing as possible. The hearing officer may reschedule the hearing if necessary.
c. During the hearing, the hearing officer will orally review the charges with the employee. The
employee shall have the right to respond to the charge(s) made against him/her, either orally and/or
in writing. The employee may present documentation to the hearing officer and may, if appropriate,
be permitted to call witnesses in support of his/her case.
d. The hearing officer may consider any available documentation and may discuss the charges with
any witness he/she deems appropriate. The hearing officer shall decide what evidence -- either in the
form of vu2tness testimony or documents -- may be introduced. Cumulative or irrelevant evidence krill
not be permitted.
e. The hearing officer shall render a final written decision within ten (10) calendar days after the
hearing. In the event of extenuating circumstances, the final written decision may be extended beyond
the ten (10) calendar days upon mutual agreement of the Hearing Officer and employee. Such an
agreement shall be provided in writing from the hearing officer to the employee in order to officially
document the agreement. The final decision shall advise the employee of whatever action, if any, the
hearing officer is recommending to be taken against the employee. The hearing officer's
recommendation will be forwarded to the County Administrator (through the appropriate Department
and DiAlsion Director, if applicable). Disciplinary action (except for verbal warning and written
reprimand, which may be issued by the appropriate Supervisor) becomes final when approved by the
County Administrator.
7. F.mployees who are suspended without pay, discharged, given a reduction in pay or a demotion (as defined
herein) may appeal said disciplinary actions only to the Career Service Council as provided in Section 9.15.
Other forms of discipline may be appealed pursuant to Section 10.
8. During the period between the first notice and the effective date of the action, the employee shall be
expected to perform his usual duties without disrupting fellow employees, or other persons, or the agency's
activities. If, however, it is deemed highly desirable or necessary that the employee not continue to perform
the same duties in the same location during this period, the County may temporarily assign the employee to
other duties.
9.12 POSSESSION OF W'F-APON OR FIREARM
It is the policy of Monroe County that no employee shall carry or otherwise possess a weapon while on duty
or in uniform, including firearms.
If the performance of job duties requires the use or possession of a weapon or firearm, prior approval from
the County Administrator must be obtained.
+ See Florida Statutes 790.251
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L 13 INDICTh1ENTS, PROSECUTIONS, ARRESTS
It is the responsibility of Monroe County to maintain a proper workforce. Employees who are arrested,
indicted by a Grand Jury, or on whom information has been filed by a prosecuting official, shall be given a
pre -determination hearing to determine the effect said action and/or circumstances surrounding said actions
have on his or her employment with the County, which may result in disciplinary action. If the employee is
tried and found guilty and the conviction is not reversed he or she may be terminated from his or her position
in the County Service.
9.14 FAILURE TO COOPERATE IN JOB -RELATED INVESTIGATION
1. As a condition of employment, any County employee may be required, upon due notice, to cooperate with
respect to any job -related hearing or investigation scheduled by the County, or any person, commission, board
or body authorized to act on its behalf. This duty of cooperation also extends to any "outside" agency, body
or court of law with respect to any job -related matters.
2. Any employee who refuses to appear at any such hearing or inquiry, or who having appeared fails to
answer questions related to the performance of their official job duties will be considered to have resigned
from their employment with the County.
9.15 APPEALS
A Career Service employee who has been suspended without pay, discharged, given a reduction in pay or a
demotion (as defined herein) shall have only the tight to appeal said action to the Career Service Council by
filing a petition with said Council within thirty (30) days following such suspension, discharge, reduction in
pay, or demotion. Failure to file a timely appeal shall result in the forfeiture of all right to challenge/grieve the
discipline. There shall be no appeals to the Board of County Commissioners and/or the County
.Administrator.
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