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C. Steps for Imposing Disciplinary Actions and Due Process Provisions

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   Supervisors are responsible for ensuring due process for employees being disciplined. Prior to beginning the disciplinary process, a supervisor is encouraged to consult with the Personnel Administrator.

   The following procedures shall be observed:

(1) Investigation

Upon obtaining information about an incident or performance issue which may warrant disciplinary action, the supervisor will conduct a fair investigation, including allowing the employee to respond to the information which may lead to discipline. Based upon the totality of the evidence and the individual circumstances of the case, the supervisor will make an objective decision whether or not to go forward with the disciplinary process.

(2) Notice of Allegations

If, based on the investigation, the supervisor decides a disciplinary action may be appropriate, the employee shall be entitled to written and oral notice of the proposed allegations against him or her, citing the rule or policy violated and an explanation, including any written documentation of evidence against him or her. The explanation should include a description of the incident or performance issues involved and dates of occurrence to the extent the explanation would not impair the function or operation of the Judicial System or expose the System to legal liability. The employee shall acknowledge receipt of the written notice of allegations by signing the document. The employee's signature does not constitute agreement with the content of the document. If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.

(3) Pre-disciplinary Employee Response Meeting (Mitigation Meeting)

Following receipt of the Notice of Allegations, the employee shall be entitled to an opportunity to present mitigating evidence or present reasons why disciplinary action should not be taken. If the opportunity or explanation is in the form of a meeting, the supervisor shall afford the employee adequate notice as to time, place, and purpose of such meeting. A minimum of 24 hours’ notice shall be provided and the supervisor shall make a reasonable effort to reschedule where necessary for sufficient preparation. Upon request the employee shall be allowed representation or may bring a witness.

(4) Delivery of the Notice of Discipline or Notice of No Cause to Discipline

Following the employee's opportunity to provide mitigating evidence, if the supervisor determines disciplinary action is warranted, the employee shall be

a. advised in writing of the nature of the violation;

b. advised in writing of the disciplinary action being administered; and

c. if appropriate, notified in writing of the time allowed for improvement and the consequences (including dismissal) of future violations or failure to improve.

   The employee shall acknowledge receipt of the written documentation of disciplinary action by signing the document. The employee's signature does not constitute agreement with the content of the document.  If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.  A copy of the document shall then be placed in the employee's personnel file and a copy of the document shall be sent to the Administrative Office. 

   If the supervisor determines there is no cause for disciplinary action, the employee shall be advised in writing that no disciplinary action will be administered.

Amended 7-9-15.

This page was last modified on Wednesday, July 15, 2015