This chapter and its subparts only apply to unrepresented employees, those which are not represented by a collective bargaining unit.
15_1. Policy
It is the policy of the Village of Royal Palm Beach to provide a well-defined system of discipline which outlines the procedures for disciplinary actions applicable to all employees. While recognizing that some conduct warrants immediate termination, the Village endorses the concept of progressive discipline. The types of disciplinary action include verbal counseling, written reprimand, suspension, and discharge.
15_2. Disciplinary Action Procedures for Non-Probationary Employees
A. Verbal Counseling - The department head or supervisor may initiate disciplinary action by meeting with an employee to discuss performance and/or behavior issues, and to counsel an employee regarding such concerns as well as ways to improve conduct. The counseling meeting will be documented in writing on the “Employee Counseling/Reprimand Form” and forwarded to the Human Resources Department for the employee’s personnel file.
B. Written Reprimand - The department head or supervisor will meet with and inform the employee about the nature of the disciplinary action, and present the employee with a written reprimand documented on the “Employee Counseling/Reprimand Form” and forward it to the Human Resources Department for the employee’s personnel file. When applicable, the written reprimand may indicate a plan for improvement up to and including placement on a 90-day probation period.
C. Suspension - The department head or supervisor will investigate allegations pertaining to a disciplinary action which may substantiate that sufficient evidence exists for suspension without pay. At the discretion of the department head or supervisor, an employee may be suspended with pay when circumstances dictate that the employee should not perform his/her job until an investigation is concluded. Suspensions shall be documented on the “Employee Counseling/Reprimand Form” and forwarded to the Human Resources Department for the employee’s personnel file.
D. The employee may appeal a suspension, discharge, or demotion for disciplinary reasons through the grievance procedure set forth in Chapter 14.
E. Previous charges or disciplinary actions brought forth by the department head or supervisor may be cited against the employee if these previous acts are reasonably related to the existing charge, or show a pattern of inappropriate behavior over a maximum three (3) year period prior to the date of the current charge.
F. The results of the disciplinary action taken and/or related grievance, including documentation, will be made part of the employee’s personnel record. All previous charges or disciplinary actions must have been shared with the employee. Employees will sign all disciplinary forms, which will be used only to acknowledge receipt of the document, not concurrence with it.
G. During the first twelve (12) months of employment, all employees are considered probationary, meaning that they are subject to discipline up to and including discharge for no specific charge without recourse through the grievance procedure.
15_3. Discharge of Non-Probationary Employees
A. At the discretion of the department head, an employee may be placed on a 90-day probationary review period. Should an employee not respond positively and improve performance, the department head may discharge such employee with the approval of the Village Manager.
B. Discharged employees have the right to grieve the discharge including a final hearing before the Village Manager.
15-4. Causes For Disciplinary Action
The following is an illustrative but not exhaustive list of causes that may result in disciplinary action up to and including discharge:
1. Substandard work performance.
2. Infractions of policies and procedures established by the Village, Village Manager or the department head.
3. Offenses or misconduct specifically prohibited by law.
4. Drinking or being under the influence of intoxicants, narcotics, controlled substances, hallucinogens on the job; use, possession, distribution or sale of narcotics, illegal drugs or non-prescribed prescriptions while on duty.
5. Unauthorized absence from work; absence without calling in prior to start of work shift and/or without reasonable cause; reporting to work late; leaving work area or job without permission; absences without leave.
6. Disregard or violation of safety rules; carelessness or negligence in the use of Village property; failure to use/wear total uniform provided by the Village including safety shoes or other equipment while on duty.
7. Participating in any form of unlawful harassment or unlawful discrimination.
8. Unauthorized use of Village property, equipment or premises; abuse of Village vehicle or equipment.
9. Insubordination and/or violation of any lawful directive of a supervisor or other manager.
10. Operating a Village vehicle or equipment without a proper and valid license
11. Overstaying lunch or break periods.
12. Conduct unbecoming of a Village employee, either on or off duty, which would bring discredit or interfere with Village service.
13. Outside employment which interferes with Village job.
14. Sleeping on the job.
15. Use of abusive, profane, offensive language; antagonistic attitude or conduct toward a supervisor, fellow employees or the public.
16. Fighting while on duty, or engaging in any intentional act which may inflict bodily harm on anyone.
17. Conviction of a felony.
18. Theft or dishonesty.
19. Soliciting or accepting an unauthorized fee or gift.
20. Unauthorized display or possession of a firearm or concealed weapon on Village property or while performing official job duties.
21. Falsifying application or other records, or concealing information during employment screening and processing, or at any other time; giving falsified testimony or information, or refusal to give testimony (subject to applicable Constitutional rights).
22. Failure to work required overtime; unavailability during stand-by duty; refusal to report during emergency.
15-5. Application of Disciplinary Procedures
The provisions in Section 15-4 are not to be construed as a limitation upon the retained rights of the Village to discipline for any reason up to and including discharge. These guidelines should not be interpreted as creating a right or expectation of continued employment, progressive discipline, or discharge only for certain reasons after previous warnings, or any other property right or interest in employment.
Although internal consistency in administering progressive discipline is desirable departmentally and Village-wide, many factors may be considered in determining the appropriate level of discipline at each step. Some factors include but may not be limited to: time intervals between infractions; possible or actual consequences of infractions; employee willingness to improve; job attitude; nature of infraction relative to employee’s job responsibilities; repetition of same or other serious infraction(s).
Certain infractions may be serious enough that immediate discharge upon first offense is applicable.
Incidents of misconduct may differ among employees, and the Village retains the right to treat each incident on an individual basis without creating precedent for future cases.
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