1. Discipline—You Can Do it Right
The opinions of
Ricky J. Walsh
IAFF 7th District Vice President

2. What is Discipline

3. A process to modify unsatisfactory performance or inappropriate behavior
and

4. Staying out of Arbitration

5. What Should We be Trying to Attain
To provide a FAIR and CONSISTENT method of addressing unsatisfactory performance or inappropriate behavior and meeting both Labor and Managements goals.

6. AT ANY LEVEL What are those Goals?
Management wants to run an effective and efficient organization that completes the mission it has established
Labor wants to provided professionals to complete the mission of the employer and be compensated fairly
In other words…….neither of the two parties can be successful with poor performers
AT ANY LEVEL

7. How Can We Attain Fairness and Consistency
Agree on the purpose of discipline.
Agree on the description of “just cause”.
Understand the steps for managing performance
Agree on the “ground rules for performance”
Understand the importance of time frames
Agree on the concept of “Progressive Discipline”
Understand the creation and maintenance of disciplinary records
Ability to work through a Supervisors checklist.
Understanding Investigations

8. Purpose of Discipline
To build a roadmap intended to result in an employee….
Getting back on the “RIGHT” track

9. Primary Purpose
Correction
NOT
Punishment!

10. Labor and Management Need Share the Responsibility to Assist Supervisors to….
Determine when discipline is necessary
What level of discipline is appropriate
How to administer discipline
Understand laws and confines

11. What Level of Discipline is Appropriate?
The least severe necessary to correct the undesirable behavior
Increasingly severe if the problem is not corrected
Predicated on the seriousness of the behavior

12. The Steps of “Just Cause”
Warned of consequences?
Was the expectation reasonable?
Full investigation?
Fair and Objective?
Substantial proof found?

13. Steps of Just Cause
Were the rules, order, and penalties applied consistently without discrimination?
Does the penalty relate to the seriousness of the offense and the past record?

14. Performance Management
Steps for Managing Performance
Ground Rules for Performance
Probation

15. Steps for managing performance

16. Ground Rules for Performance
Establish ground rules by which members are to conduct themselves
What are your ground rules?
Department Expectations
Department SOP’s and/or Medical Protocols
Civil Service Rules
City Ordinances
State Law
Federal Law
Collective Bargaining Agreement
Read them, Teach them, Reinforce Them, Do Them!!!!!!!!!

17. What is Probation? “A Trial Period”
To determine if the member can satisfactorily fulfill the requirements of the position
Provide feedback to the member
“At will” status is BS!

18. Time Frames Timelines are important in three areas:
Investigation process
Timeliness of disciplinary action
Time limits to correct the problem

19. Time Frames Investigations shall be completed in a “reasonable” time
A complex investigation may require more time
Keep all involved in the loop (the individual and the Union)

20. Time Frames
There is no minimum/maximum time frames between disciplinary steps—should be stated in discipline and it will be reasonable!
Progressive discipline is considered successful if no further action is necessary

21. Understanding Progression
Verbal Reprimand
Written Reprimand
Suspension pending investigation (with pay)
Suspension without Pay
Termination

22. Verbal Reprimand Private setting Firm but friendly
State the direction for the necessary and successful correction of the problem
Document a Notice of Disciplinary Action for personnel file

23. Written Reprimand
Includes a review of prior related disciplinary action
A thorough statement of the circumstances causing the current disciplinary action
A clear expression of future expectations
Careful, complete documentation is very important
Document a Notice of Disciplinary Action for personnel file

24. Suspension With Pay
A member may be removed from the Department immediately, pending an investigation
Typically if the member presents a threat to the safety of others or self
Usually with pay

25. Suspension Without Pay
Temporary removal from the Department for a specified period of time
Typically from one to five days
Considered the strongest warning: “the problem is extremely serious”
May be
“last chance”

26. Termination Behavior modification deemed longer possible
The behavior is so serious that immediate discharge is warranted
Just do it right

27. Creating and Maintaining Disciplinary Records
Informing the Employee
Double Jeopardy
Grievance/Appeal

28. Disciplinary Records….
Cite the specific incident or problem
What occurred and when
How it affected the work activity
The results of the investigation

29. Disciplinary Records include…
The employee’s explanation
Proven facts
Cite the specific violation
Disciplinary action taken
Stress the significance of the offense
State the reason for the level of the disciplinary action

30. Disciplinary Record also include...
Timely past relevant actions
Give the history of related offenses
Included because:
Reminds the member of previous disciplinary actions taken
Demonstrates the progressiveness of disciplinary action

31. And Finally Disciplinary Records include...
A clear understanding of the expected performance or behavior in the future
And the consequences of continued failure to meet expectations

32. Double Jeopardy “Do it right the first time”
Cannot impose a more severe discipline for the same incident after discipline has been delivered
This does not include a “repeat”

33. Grievance/Appeal The grievance procedure is established in the CBA
Do not be deterred from taking disciplinary action by the fear or threat of a grievance

34. The Supervisors Checklist
Performance
Behavior
The Supervisor

35. Performance Have the expectations made clear? Access to instructions
What to do?
How to do it?
Why do it?
When to do it?
Access to instructions
Training

36. Performance Has the member ever displayed the skill?
Should he/she possess the skill?
Could they do it if they wanted to?
Has the job changed?

37. Behavior Does the member understand what is acceptable behavior?
Has the behavior been acceptable in the past?
Condoned by practice or exhibited by other members

38. The Supervisor Has the supervisor provided adequate training?
Does the supervisor reinforce acceptable behavior?
Has acceptable behavior been communicated?
Has the supervisor received the proper training?
Has the supervisor objectively found the facts by a proper investigation?
Does the supervisor know the proper forms and how to complete them?

39. The Supervisor
Does the Supervisor have the skill to give and receive feedback both positive and/or negative

40. Documentation
Do’s and Don’ts

41. Documentation Limit statements to facts Avoid personal opinions
Record observations of demeanor but do not speculate reasons for such demeanor

42. Documentation Don’t make excuses for the employee
Use “neutral” terminology – not inflammatory or discriminatory
Read for grammar and spelling errors

43. Investigate First
Unfounded
Discipline

44. Internal Investigations

45. Citizens Complaints
All citizen complaints that pertain to practices or that allege member misconduct will be investigated.
May be in person, by phone, or written.

46. Citizens Complaints May be anonymous. Can be accepted by any member.
Receiving member to document in a written report
Submit to a superior officer

47. Citizens Complaints
The complaint will be assigned to an investigating officer.
The investigating officer will notify the complainant that the matter is under investigation.
Complete within 30 days.

48. Weingarten Rights
May have representation during an interview if the member reasonably believes it may lead to disciplinary action.
The member must ask for representation.
Also applies in less formal settings
Does not apply when discipline has been decided and is being given.

49. Garrity Rights Based on the 5th Amendment of the US Constitution
A member being interviewed must truthfully answer specifically related to the matter under investigation.
Compelled answers cannot be used in criminal proceedings against the individual.

50. Loudermill Rights
An informal meeting held with the member or his/her representative to give the opportunity to tell his/her story, regarding an incident, before a decision is made to suspend, demote, or terminate.

51. Complaints are investigated to…
Correct our policies and procedures and/or
Correct a member’s behavior or performance and/or
Exonerate a member’s conduct or performance and/or
Verify our policies and procedures are valid.

52. In Brief “See a problem” “Inform the employee there is a problem”
“Tell the member the consequences of not correcting the problem”
“Give the employee time to correct the problem”

53. Other Things to Ponder Property Rights of Employee to position
Civil Service
Bargain-able
Public Perception
Fiduciary role
Act like you are spending your own money
Most the time I am willing to bet