DISCIPLINARY PROCESS

Date last revised: February 25, 2019. HR Document #2.5A

1. GENERAL

1.1 As an organization, the Spokane Public Library is committed to the values, work philosophies and expectations that serve as guidelines for employee behavior and performance. When employees do not perform or conduct themselves in a manner consistent with these expectations, supervisors are expected to address these issues through the disciplinary processes described herein.

1.2 This document is divided into the following sections:

Section 1 – General
Section 2 – Reasons for Disciplinary Action
Section 3 – Application to Various Employee Groups
Section 4 – Implementation, Bargaining Unit Employees
Section 5 – Implementation, All Staff Excluding Bargaining Unit Members

2. REASONS FOR DISCIPLINARY ACTION

2.1 Employees may be disciplined for actions that affect their ability or fitness to satisfactorily perform their assigned duties. Examples of causes for which employees may be disciplined are:

1. incompetence or inefficiency in the performance of the duties and responsibilities of the position held;
2. unapproved absence from work;
3. any willful violation of Library policy, rule or procedure or of any proper order or direction given by a supervisor, where such violation or failure amounts to insubordination;
4. excessive absenteeism or a habitual pattern of failure to report for work on time without good reason;
5. willful carelessness or negligence with Library property;
6. dishonesty;
7. theft of library property;
8. discriminatory or harassing behavior;
9. rudeness or uncooperativeness to the public, toward fellow employees or supervisors;
10. being under the influence of or impaired by alcohol or drugs during working hours;
11. acts of physical violence or endangering the health or safety of others;
12. engaging in solicitation of funds for any purpose not approved by Library administration;
13. engaging in political activity during work time or in a manner that disrupts work activities;
14. acceptance of gratuities, or;
15. being convicted of a felony or a gross misdemeanor.

This list is not intended to be all-inclusive and employees may be disciplined for reasons other than those listed.

3. APPLICATION TO VARIOUS EMPLOYEE GROUPS

3.1 The Spokane Public Library believes that a consistent approach to discipline is necessary and advantageous for both the library and its employees. We will, therefore, make every effort to address and resolve issues regarding inappropriate employee conduct and/or unsatisfactory job performance expeditiously, and at the lowest level possible.

3.1.1 The disciplinary process outlined in the collective bargaining agreement with WSCCCE, Local 270, together with Section 3 of this document, will be followed when disciplinary action against a represented employee is necessary.

3.1.2 When disciplinary action involving employees exclusive of bargaining unit members is necessary, the process outlined in Section 5 of this document should be followed. However, at the sole discretion of the Library Director, any or all steps may be skipped. 

3.1.3 Some library employees may be employed under the terms of an employment contract negotiated between the parties. Should the terms of the contract conflict with this document, the contractual terms will prevail. 

4. IMPLEMENTATION, BARGAINING UNIT EMPLOYEES

4.1 The disciplinary process outlined in Article VII, Section B, of the collective bargaining agreement with WSCCCE, Local 270 shall be followed when disciplinary action against a represented employee is necessary.

4.2 Disciplinary action shall include only the following:

1. Verbal Reprimand – A discussion with the employee during which the supervisor notifies him/her of the nature of the violation, the corrective action necessary and the consequences of future violations and obtains the employee’s commitment to corrective action. The supervisor will document the reprimand in departmental files. A verbal reprimand or counseling is normally the first step involving minor infractions. 
2. Written Reprimand – A written reprimand is notification to the employee concerning unacceptable performance or conduct, the corrective action necessary, and the consequences of failure to bring about corrective action.
3. Loss of Vacation Day – A written notice that one or more vacation days will be deducted from the employee’s accumulated vacation leave in lieu of suspending the person without pay, which may be equivalent to all or part of the suspension.
4. Suspension – A written notice suspending an employee for up to 60 working days without pay.
5. Demotion for Cause – An action placing an employee in a position of lower grade or classification. A disciplinary demotion is normally only used where the employee is incompetent to perform the duties of his/her current position or has committed an act so serious that continuation in the current position is not in the best interest of the Library.
6. Discharge – An action taken by the Library Director to terminate an employee’s employment with the Library. (The termination of a probationer’s employment during the original entrance appointment is not considered a disciplinary discharge.)

The form of disciplinary action taken shall be based on the seriousness of the offense or whether there have been repeated violations of a similar nature.

4.3 Procedure for Disciplinary Actions

4.3.1 Preliminary Investigation – When there is reason to believe that discipline involving a written reprimand or other more serious sanction appears to be warranted, a preliminary investigation should be undertaken immediately. All available facts shall be reviewed and the employee’s personnel file should be reviewed. If the employee is interviewed, the employee will be advised of his/her right to representation prior to the interview. An employee may be placed on paid administrative leave while an investigation is conducted. If the preliminary investigation results in a determination that disciplinary action may be justified, a predisciplinary hearing shall occur.

4.3.2 Predisciplinary Hearing – The purpose of a predisciplinary hearing is to notify the employee of the allegation(s) and to provide the employee an opportunity to respond to the allegation(s) or offer matters in mitigation. The Human Resources Manager will coordinate the scheduling of all predisciplinary hearings. The employee will receive at least twenty-four hours written notification of the hearing, including a summary of the allegation(s). The employee has the right to be represented by a bargaining unit representative, a co-worker, or an attorney at his/her expense. The employee may bring pertinent documentation and/or witnesses. Witnesses who are employed by the library must have permission from their supervisor to attend the hearing. The hearing will be recorded only if all participants agree. The hearing will be closed to friends and family of the employee and to all others who are not involved in the process unless specifically authorized by the Human Resources Manager, the Library Director, or his/her designee.

4.3.3 Decision on Disciplinary Action – After the predisciplinary hearing the branch or department manager or designee shall consider the evidence and shall decide whether disciplinary action is in order. If the decision is to issue a verbal or written reprimand, the branch or department manager will issue said reprimand. If the decision is to reduce vacation accruals, suspend, demote, or discharge the employee, the branch or department manager in conjunction with the Human Resources Manager will initiate such action for the Library Director’s review and action.

4.4 Maintenance of Records 4.4.1 Filing of Documents – The employee will be given the original of the disciplinary letter and copies will be sent to the Human Resources Manager and the employee’s representative.

4.4.2 Retention of Documents – Letters of demotions for cause or suspension will be retained in the employee’s personnel folder for a minimum of three years. Letters of reprimand will be retained in the employee’s personnel folder a minimum of two years. After the minimum amount of time has elapsed and the employee has received no further disciplinary action, he/she may request that the documents be removed from the files by writing to the Human Resources Manager, through the appropriate Department Head. If the Department Head does not respond to the request within twenty working days, the Union will contact the Human Resources Manager who will work with the parties in an effort to reach an agreement.

4.5 Grieving the Decision

4.5.1 An employee who is a party to the collective bargaining agreement and who wishes to grieve a disciplinary decision should refer to the collective bargaining agreement between WSCCCE Local 270 and the Library. 

5. IMPLEMENTATION, ALL STAFF EXCLUDING BARGAINING UNIT MEMBERS 

5.1 All supervisors are responsible for a consistent approach to discipline for inappropriate conduct and unsatisfactory job performance. The outcome of every similar issue, however, may not be exactly the same. Supervisors are expected to use their best judgment for the appropriate application of discipline. All problems should be addressed as quickly as possible. It is the supervisor’s responsibility to apply discipline in accordance with Library guidelines. It is the employee’s responsibility to correct performance and conduct problems on which disciplinary action is based.

5.2 The disciplinary process generally follows the steps outlined below. However, at the discretion of the Executive Director, any or all steps may be skipped. 

1. Coaching—When unsatisfactory conduct and/or job performance is first observed, a coaching process should be initiated to prevent the conduct and/or performance problem from becoming a disciplinary issue.
2. Written Notification – A written notification may be issued to the employee outlining corrective action and appropriate time frames necessary to meet the supervisor’s expectations. The notification will be signed by the employee to verify its receipt. The original will be forwarded to Human Resources and a copy will be provided to the employee. Employees may provide a written response to be included in the personnel file.
3. Improvement Plan – An Improvement Plan may be used to address unsatisfactory performance or conduct. This Plan will provide detailed steps, actions and timelines providing guidance for the employee to improve their performance to meet expecations. In the event an improvement plan is needed, it shall be signed, dated, and filed in the employee’s personnel file along with any documentation of actions taken by the employee in response to the plan. A copy of the Improvement Plan will be given to the employee.

5.3 If an employee is unable to improve their performance to meet expecations, or in the case of serious misconduct as determined by the Executive Director, steps may be taken to terminate employment, as follows: 

1. In the case of serious misconduct or other circumstances when termination may be an outcome, an employee may be suspended with pay for investigatory purposes until a decision is reached.
2. When the decision to terminate an employee has been reached then a termination conference with the employee, their supervisor and the department manager (if not the supervisor) will be held. The Human Resources Director will facilitate the meeting.

5.4 No part of the disciplinary process is subject to grievance except termination. An employee must initiate the grievance procedure within ten calendar days from the date the termination notice was received or waive the right to grieve the decision. The grievance procedure is outlined in a separate document. A grievance involving termination of employment will be resolved at step three of the grievance process.