Section 37.  Dismissal, Suspension, Reduction in Step or Demotion for Cause

The appointing authority may dismiss, issue non-punitive disciplinary letters to, suspend, reduce in step, or demote any employee in the classified service provided the rules and regulations of the Civil Service Commission are followed.  A reduction in step is defined as movement to the next lower salary step in the range for the classification for a period not to exceed six months.

The County agrees to investigate and, if proper, to correct any factual inaccuracies which may exist within employee Letters of Reprimand.  This investigation may be done by a manager or a representative of the Employee Relations Division.  The employee may request at which level she/he wishes the matter to be investigated, however, the final decision as to who will investigate the issue will be made by the Director, Human Resources Department.

When an employee is subject to a disciplinary investigation and the County’s findings do not sustain any proposed discipline, the County shall contact the employee and notify them that the investigation has concluded and no discipline was warranted.

For investigations that last longer than sixty (60) calendar days, upon request from the subject of the investigation, the County will provide status updates not to exceed once every thirty (30) calendar days.

Right to Steward Representation

Whenever an employee is required to meet with a supervisor and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, they shall be entitled to have a Steward present if they so request.  It is not the intention of this provision to allow the presence of a Steward during the initial discussion(s) of an employee’s performance evaluation.

Any employee may either appeal such dismissal, non-punitive discipline, suspension, reduction in step or demotion to the Civil Service Commission or file a grievance in accordance with subsection 38.2 of this Memorandum of Understanding.  Appeal to the Civil Service Commission must be filed within fourteen (14) calendar days of receipt of such charges.  Grievances filed in accordance with subsection 38.2 of this Memorandum of Understanding must be filed within fourteen (14) calendar days after receipt of written charges.  No grievance involving demotion, suspension or dismissal of an employee will be entertained unless it is filed in writing with the Human Resources Director within fourteen (14) calendar days of the time at which the affected employee was notified of such action.  An employee may not both appeal to the Civil Service Commission and file a grievance under subsection 38.2 of this Memorandum of Understanding.

A permanent classified employee may be dismissed, non-punitively disciplined, suspended, reduced in step or demoted for cause only.  Any written notice of dismissal, suspension, reduction is step or demotion sent to an employee shall include a statement advising them of the right to be represented by the union concerning the disciplinary action.