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{"sheet":"Policy & Procedure","index":0,"n_rows":244,"n_cols":9,"rows_kept":244,"merged":[[0,0,0,56],[2,0,2,56],[4,0,4,56],[6,0,6,56],[8,0,8,56],[236,0,236,19]]}
["CITY OF HICKORY"]
[]
["Disciplinary Action"]
[]
["Predisciplinary Conference"]
[]
["Grievance"]
[]
["Policy and Procedure"]
[]
[]
["DISCIPLINARY ACTION"]
[]
["I.",null,"Policy"]
[]
[null,null,"All City employees are required to conduct themselves in a professional and productive manner and in"]
[null,null,"compliance with City and departmental policies and rules. Disciplinary action may be taken when an"]
[null,null,"employee fails to perform work at a satisfactory level or engages in conduct that is unacceptable to the"]
[null,null,"City."]
[]
["II.",null,"Representation"]
[]
[null,null,"The disciplinary action process, predisciplinary conference and grievance conferences shall be closed. No"]
[null,null,"legal or personal representative may be accompany the employee at any stage during the above listed"]
[null,null,"processes."]
[]
["III.",null,"Procedures"]
[]
[null,null,"A.",null,"Performance of Duties - An employee may be reprimanded, suspended, demoted, or dismissed by the"]
[{"$nulls":4},"department head if he/she fails to perform work up to the standard of the position classification which"]
[{"$nulls":4},"the employee holds. Before taking such action, the following steps shall be taken:"]
[]
[{"$nulls":4},"1.",null,"A regular full-time employee whose work is not satisfactory shall be notified in what way his/her "]
[{"$nulls":6},"work is deficient and what he/she must do if the work is to be satisfactory."]
[]
[{"$nulls":4},"2.",null,"The notice of employee deficiency shall be in writing and copies given to the employee and"]
[{"$nulls":6},"Administrative Services Director or his/her designee for inclusion in personnel records."]
[]
[{"$nulls":4},"3.",null,"The department head will review the written notice of deficiency with the employee."]
[]
[{"$nulls":4},"4.",null,"The deadline for the correction to be made should be stated in the notice of deficiency and should"]
[{"$nulls":6},"be a reasonable amount of time."]
[]
[{"$nulls":4},"5.",null,"The department head should make certain that the employee's performance ratings are consistent"]
[{"$nulls":6},"with the proposed action."]
[]
[null,null,"B.",null,"Personal Conduct - An employee may be reprimanded, suspended, demoted, or dismissed when"]
[{"$nulls":4},"he/she engages in conduct that is unacceptable to the City."]
[]
[null,null,"C.",null,"During the investigation, trial or appeal of an employee on any criminal charge, or during the course of"]
[{"$nulls":4},"any civil action involving an employee, or when suspension would be in the best interests of the"]
[{"$nulls":4},"employee or the governmental unit, the department head or the manager may suspend the employee"]
[{"$nulls":4},"without pay. The department head shall confer with the Administrative Services Director or his/her"]
[{"$nulls":4},"designee on the proposed suspension."]
[]
[{"$nulls":4},"1.",null,"During such suspension without pay the employee's pay-related benefits to include sick leave and"]
[{"$nulls":6},"vacation leave accumulation shall also be suspended."]
[]
[{"$nulls":4},"2.",null,"The employee shall be required to pay the full costs of medical and life insurance premiums after"]
[{"$nulls":6},"the thirtieth (30th) day of such suspension; failure to pay premiums will result in the termination of"]
[{"$nulls":6},"benefits."]
[]
[{"$nulls":4},"3.",null,"When such suspension shall be terminated by full reinstatement of the employee, all pay-related"]
[{"$nulls":6},"benefits shall be reinstated for the period of the suspension as well as the repayment to the"]
[{"$nulls":6},"employee of the City's portion of medical and life insurance premiums and retirement contributions."]
[]
[{"$nulls":4},"4.",null,"When such suspension is terminated by dismissal of the employee, the aforementioned pay-related"]
[{"$nulls":6},"benefits shall not be recoverable."]
[]
[]
["PREDISCIPLINARY CONFERENCE"]
[]
["I.",null,"Policy"]
[]
[null,null,"In accordance with the due process rights afforded by the Fourteenth Amendment of the United States"]
[null,null,"Constitution, the City Manager or appropriate department head will conduct a pre-disciplinary conference"]
[null,null,"before taking any disciplinary action which would result in the employee's losing a right (money or status)"]
[null,null,"through demotion, suspension without pay for more than five days, or dismissal."]
[]
["II.",null,"Employees Affected"]
[]
[null,null,"Only regular full-time employees who have completed their new hire probationary period are affected by this"]
[null,null,"policy."]
[]
["III.",null,"Procedure"]
[]
[null,null,"A.",null,"The department head will discuss the situation with the Administrative Services Directory or his/her"]
[{"$nulls":4},"designee prior to conduction the predisciplinary conference."]
[]
[null,null,"B.",null,"Provide notice to the employee of the conference, either orally or in written form."]
[]
[{"$nulls":4},"1.",null,"It is acceptable to give same day notice, provided that the employee is given notice at least two"]
[{"$nulls":6},"hours prior to the conference."]
[]
[{"$nulls":4},"2.",null,"Schedule the predisciplinary conference during business hours. Business hours, for the purposes"]
[{"$nulls":6},"of this policy, are defined as Monday through Friday, 7:00 a.m. until 5:00 p.m.. If, due to shift work,"]
[{"$nulls":6},"work away from the office or other scheduling difficulty, the hearing cannot take place during those"]
[{"$nulls":6},"hours, the Administrative Services Director may grant an exception."]
[{"$nulls":4},"3.",null,"The preferred method of delivery of the notice is in writing. A verbal notice is only acceptable if"]
[{"$nulls":6},"circumstances are such that a written notice cannot be produced. If the notice is verbal, the"]
[{"$nulls":6},"department head shall follow up with a memo to the employee, confirming that he/she was verbally"]
[{"$nulls":6},"notified."]
[]
[{"$nulls":4},"4.",null,"Tell the employee that you are holding a predisciplinary conference to discuss a proposed"]
[{"$nulls":6},"personnel action in accordance with the predisciplinary conference policy."]
[]
[null,null,"C.",null,"The Administrative Services Director or his/her designee shall serve as a \"neutral advisor\". This advisor "]
[{"$nulls":4},"is a witness not only on behalf of the City as to the impartial, informal pre-disciplinary conference but"]
[{"$nulls":4},"also serves as a witness to what the employee is told and to the employee receiving a full and fair"]
[{"$nulls":4},"opportunity to present his/her side of the situation."]
[]
[null,null,"D.",null,"Conduct an informal, objective, impartial pre-disciplinary conference."]
[]
[{"$nulls":4},"1.",null,"Present the allegations and provide a full opportunity for the employee to present defenses or"]
[{"$nulls":6},"reasons against the allegations."]
[]
[{"$nulls":4},"2.",null,"Do not make a decision at the end of this pre-disciplinary conference, and do not have a "]
[{"$nulls":6},"pre-prepared letter concerning the disciplinary action, since this is perceived under the law as being "]
[{"$nulls":6},"a preconceived decision. Wait at least twenty-four hours before making a final decision."]
[]
[{"$nulls":4},"3.",null,"Either audio-record the predisciplinary conference or take notes of the conference. The audio"]
[{"$nulls":6},"recording or notes are the property of the City and will not be given to the employee. The employee"]
[{"$nulls":6},"may record the meeting as well."]
[]
[null,null,"E.",null,"If the final decision is to take disciplinary action, put the decision in writing listing specific reasons for"]
[{"$nulls":4},"the decision being made. A Notice of Personnel Action form should be used for this purpose. Give a"]
[{"$nulls":4},"copy of the written decision to the employee and send a copy to the Human Resources Division for"]
[{"$nulls":4},"inclusion in the employee's personnel record."]
[]
[null,null,"F.",null,"Notify the disciplined employee that provisions of the formal grievance procedure are available after any"]
[{"$nulls":4},"suspension, demotion, or dismissal has taken place. The predisciplinary conference does not replace"]
[{"$nulls":4},"the formal grievance procedure."]
[]
["IV.",null,"Penalties for Failure to Conduct a Proper Conference"]
[]
[null,null,"A procedural due process violation can result in a lawsuit against the City. Remedies under such a lawsuit"]
[null,null,"include back wages. Reinstatement is not a remedy if the employer can prove that the employee would"]
[null,null,"have been dismissed if the proper hearing had been held."]
[]
[]
["GRIEVANCE"]
[]
["I.",null,"Purpose"]
[]
[null,null,"The grievance policy and procedure provide an adequate and fair means for hearing matters of concern to"]
[null,null,"City employees."]
[]
["II.",null,"Employees Affected"]
[]
[null,null,"This policy applies to all regular, full-time employees who do not fall within a new hire probationary period."]
[]
["III.",null,"Definition"]
[]
[null,null,"A grievance is a claim or complaint based upon an even or condition that affects the circumstances under"]
[null,null,"which an employee works or his/her employment relationship with the City, allegedly caused by mis-"]
[null,null,"interpretation, unfair application or lack of established policy pertaining to conditions of work or disciplinary"]
[null,null,"actions. A grievance might involve alleged safety or health hazards, unfair or discriminatory supervisory"]
[null,null,"or disciplinary practices, misapplication or departmental work rules, unsatisfactory physical facilities or"]
[null,null,"equipment, or other complaint related to conditions of work or disciplinary actions."]
[]
["IV.",null,"Procedures"]
[]
[null,null,"When an employee has a claim or complaint concerning the conditions of employment or a disciplinary"]
[null,null,"action affecting his/her employment relationship with the City, the successive steps described below are"]
[null,null,"to be taken toward resolution of the matter."]
[]
[null,null,"A.",null,"The number of days indicated at each step of the grievance procedure should be considered as the "]
[{"$nulls":4},"maximum number of working days allowed for presentation of and response to the grievance at that"]
[{"$nulls":4},"level. However, specified time limits may be extended when mutually agreed upon by the parties"]
[{"$nulls":4},"concerned."]
[]
[null,null,"B.",null,"All conferences provided for in the grievance procedure shall be held during business hours."]
[]
[null,null,"C.",null,"Grievance Procedure for Claims or Complaints Concerning Conditions of Work"]
[]
[{"$nulls":4},"1.",null,"Step One:  An employee with a grievance concerning conditions of work shall present the matter to"]
[{"$nulls":6},"his/her immediate supervisor with ten (10) working days of its occurrence. The employee shall"]
[{"$nulls":6},"present that they are formally grieving a workplace condition either orally or in writing. The supervisor"]
[{"$nulls":6},"shall attempt to resolve the matter and shall give the employee an answer, either orally or in writing,"]
[{"$nulls":6},"no later than five (5) working days after the grievance is presented. The grievance and answer shall"]
[{"$nulls":6},"be reported to the supervisor's immediate superior."]
[]
[{"$nulls":4},"2.",null,"Step Two:  If the grievance is not resolved at Step One, the employee may present the grievance"]
[{"$nulls":6},"in writing to the head of the department within five (5) working days after the supervisor's answer is"]
[{"$nulls":6},"given or is due. The department head shall confer with the employee about the grievance within"]
[{"$nulls":6},"three (3) working days after the grievance is presented and shall render a written decision within"]
[{"$nulls":6},"three (3) working days after the conference is held."]
[]
[{"$nulls":4},"3.",null,"Step Three:  If the grievance is not resolved at Step Two, the employee may present the written"]
[{"$nulls":6},"grievance to the City Manager or his/her designee within five (5) working days after the department"]
[{"$nulls":6},"head's decision is rendered or is due. The City Manager or his/her designee shall confer with the"]
[{"$nulls":6},"employee about the grievance within five (5) working days after the grievance is presented to him"]
[{"$nulls":6},"and shall submit his written decision to the employee with ten (10) days after the conference is"]
[{"$nulls":6},"held."]
[]
[]
[null,null,"D.",null,"Grievance Procedure for Claims or Complaints Concerning Disciplinary Actions"]
[]
[{"$nulls":4},"1.",null,"Step One: A regular, full-time employee with a grievance concerning his/her suspension, demotion,"]
[{"$nulls":6},"or dismissal may present the matter in writing to the department head with ten (10) working days of"]
[{"$nulls":6},"its occurrence or his/her knowledge of its occurrence. The department head shall confer with the"]
[{"$nulls":6},"employee about the grievance within five (5) working days after the grievance is presented and"]
[{"$nulls":6},"shall render a written decision within three (3) working days after the conference is held."]
[]
[{"$nulls":8},"Exception: A regular, full-time employee who is suspended, demoted or dismissed by the"]
[{"$nulls":8},"department head or at the direction of the department head may present the matter within"]
[{"$nulls":8},"ten (10) working days to the Assistant City Manager responsible for oversight of the affected"]
[{"$nulls":8},"department. The Assistant City Manager shall confer with the employee about the grievance"]
[{"$nulls":8},"within five (5) working days after the grievance is presented and shall render a written decision"]
[{"$nulls":8},"within three (3) working days after the conference is held."]
[]
[{"$nulls":6},"The Administrative Services Director or his/her designee shall attend the grievance conference as a "]
[{"$nulls":6},"neutral advisor. This advisor is a witness not only on behalf of the City as to the impartial, informal"]
[{"$nulls":6},"grievance hearing but also serves as a witness to what the employee is told and to the employee"]
[{"$nulls":6},"receiving a full and fair opportunity to present his/her side of the situation."]
[]
[{"$nulls":4},"2.",null,"Step Two: The employee may appeal the decision of the department head (or Assistant City"]
[{"$nulls":6},"Manager in the Exception scenario) to the City Manager by giving written notice of such appeal to"]
[{"$nulls":6},"both the Administrative Services Director and the City Manager within a period of five (5) working"]
[{"$nulls":6},"days after the decision is rendered by the department head, or within eight (8) working days after the"]
[{"$nulls":6},"conference, whichever is later."]
[]
[{"$nulls":6},"The City Manager, upon receiving the appeal from the employee, shall set an appeal conference"]
[{"$nulls":6},"within five (5) working days after receiving notice of appeal. At the appeal conference the City"]
[{"$nulls":6},"Manager shall consider any written information concerning the employee which has been made"]
[{"$nulls":6},"known to the employee and the department head, together with any written summary of the"]
[{"$nulls":6},"evidence at the pre-disciplinary conference before the department head, and shall allow the"]
[{"$nulls":6},"appealing employee to be heard as to the reasons for appeal. The City Manger shall submit a written"]
[{"$nulls":6},"decision to the employee within ten (10) working days after the appeal conference, and the City"]
[{"$nulls":6},"Manager's decision shall be final."]
[]
[]
[]
[]
["Reissued:  December 6, 2011"]
[]
[]
["Mick W. Berry, City Manager"]
[]
["Attachments:"]
["Attachment A - Written Notice of Pre-disciplinary Conference"]
["Attachment B - Follow-up to Verbal Notice of Predisciplinary Conference"]
["Attachment C - Department Checklist for Disciplinary Actions"]
["Attachment D - Disciplinary Action Form"]

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[{"$nulls":54},"City of Hickory"]
[{"$nulls":54},"PO Box 398"]
[{"$nulls":54},"Hickory, NC 28603"]
[{"$nulls":54},"Phone: (828) XXX-XXXX"]
[{"$nulls":54},"Fax: (828) XXX-XXXX"]
[{"$nulls":54},"Email: youremail@hickorync.gov"]
[]
["ATTACHMENT A"]
["(Written Notice of Predisciplinary Conference)"]
[]
[]
["Office of "]
[{"$nulls":5},"(DIVISION / DEPARTMENT)"]
[]
[]
["To:"]
[]
["From:"]
[]
["Date:"]
[]
["Subject:",{"$nulls":4},"Notice of Predisciplinary Conference"]
[]
[]
["This letter is to provide you notice of a Predisciplinary Conference scheduled for you to attend with the "]
[]
[{"$nulls":14},",",{"$nulls":14},", in the ",{"$nulls":25},","]
["(TITLE)",{"$nulls":14},"(NAME)",{"$nulls":17},"(NAME OF ROOM AND BUILDING LOCATION)"]
[]
[{"$nulls":10},", at",{"$nulls":7},"."]
["(DATE)",{"$nulls":11},"(TIME)"]
[]
["The purpose of the hearing is to present allegations related to your work performance and/or conduct and"]
["provide you the opportunity to respond to the allegations. This is a fact-finding meeting pursuant to the City of"]
["Hickory Personnel Ordinance, Article 5, Section 10, Employee Performance and Conduct."]
[]
["In accordance with the City of Hickory Personnel Ordinance and City Policy and Procedure, a Predisciplinary"]
["Conference is to be held prior to any possible disciplinary action which would result in a coworker's losing a right"]
["(money or status) through demotion, suspension without pay for more than five days, or dismissal."]
[]
["The City reserves the right to take notes and/or audio record the conference and these notes and audio"]
["recordings become property of the City and do not have to be given to you. You also have the right to take notes "]
["and/or audio record the conference. Legal or personal representatives of any kind may not accompany you to"]
["this Predisciplinary Conference."]
[]
[]
["Sincerely,"]

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[{"$nulls":54},"City of Hickory"]
[{"$nulls":54},"PO Box 398"]
[{"$nulls":54},"Hickory, NC 28603"]
[{"$nulls":54},"Phone: (828) XXX-XXXX"]
[{"$nulls":54},"Fax: (828) XXX-XXXX"]
[{"$nulls":54},"Email: youremail@hickorync.gov"]
[]
["ATTACHMENT B"]
["(Follow-up to Verbal Notice of Predisciplinary Conference)"]
[]
[]
["Office of "]
[{"$nulls":5},"(DIVISION / DEPARTMENT)"]
[]
[]
["To:"]
[]
["From:"]
[]
["Date:"]
[]
["Subject:",{"$nulls":4},"Notice of Predisciplinary Conference"]
[]
[]
["This letter is to confirm the verbal notice you received from",{"$nulls":42},",",{"$nulls":12},","]
[{"$nulls":30},"(NAME)",{"$nulls":13},"(TITLE)"]
[]
["at ",{"$nulls":7}," on",{"$nulls":11}," which provided you notice of a Predisciplinary Conference scheduled"]
[null,null,"(TIME)",{"$nulls":7},"(DATE)"]
[]
["for you to attend with the",{"$nulls":26},",",{"$nulls":14},", in the "]
[{"$nulls":13},"(TITLE)",{"$nulls":14},"(NAME)"]
[]
[{"$nulls":22},", ",{"$nulls":10},", at",{"$nulls":7},"."]
["(NAME OF ROOM AND BUILDING LOCATION)",{"$nulls":22},"(DATE)",{"$nulls":11},"(TIME)"]
[]
[]
["The purpose of the hearing is to present allegations related to your work performance and/or conduct and"]
["provide you the opportunity to respond to the allegations. This is a fact-finding meeting pursuant to the City of"]
["Hickory Personnel Ordinance, Article 5, Section 10, Employee Performance and Conduct."]
[]
["In accordance with the City of Hickory Personnel Ordinance and City Policy and Procedure, a Predisciplinary"]
["Conference is to be held prior to any possible disciplinary action which would result in a coworker's losing a right"]
["(money or status) through demotion, suspension without pay for more than five days, or dismissal."]
[]
["The City reserves the right to take notes and/or audio record the conference and these notes and audio"]
["recordings become property of the City and do not have to be given to you. You also have the right to take notes "]
["and/or audio record the conference. Legal or personal representatives of any kind may not accompany you to"]
["this Predisciplinary Conference."]
[]
[]
["Sincerely,"]
[]
[]
["(DEPARTMENT HEAD)",{"$nulls":25},"(DATE)"]
[]
[]
["(ACKNOWLEDGED BY EMPLOYEE)",{"$nulls":25},"(DATE)"]

{"sheet":"Attachment C","index":3,"n_rows":37,"n_cols":3,"rows_kept":37,"merged":[[0,0,0,56]]}
["ATTACHMENT C"]
[]
["CITY OF HICKORY"]
["PREDISMISSAL/PREDISCIPLINARY ACTION CONFERENCE CHECKLIST"]
[]
["Before taking any disciplinary action which would result in a coworker losing money or status (through "]
["suspension without pay for more than five days, demotion, or dismissal), the answers to the questions below"]
["should be \"yes\". This checklist applies to all regular full-time coworkers who have completed their new hire"]
["probation period. If you need any assistance, please contact the Administrative Services Director."]
[]
["1.",null,"Have you discussed the situation with the Administrative Services Director?"]
[]
["2.",null,"Have you arranged for the Administrative Services Director or his/her designee to attend the conference as"]
[null,null,"a neutral advisor?"]
[]
["3.",null,"Have you notified the coworker of the conference to discuss a proposed disciplinary action? (Same day"]
[null,null,"notice is fine - See attachment A or B.)"]
[]
["4.",null,"Have you reviewed with the coworker the allegations against him/her?"]
[]
["5.",null,"Have you told the coworker what possible disciplinary actions could result from the allegations presented?"]
[]
["6.",null,"Have you given the coworker the opportunity to present defenses or reasons against the allegations and"]
[null,null,"possible disciplinary action?"]
[]
["7.",null,"Have you listened objectively and impartially to the coworker?"]
[]
["8.",null,"Have you taken notes or audio recorded the conference?  (The coworker may also audio record the"]
[null,null,"conference.)"]
[]
["9.",null,"Have you delayed your final decision until after hearing the coworker's reasons for his/her actions? (The"]
[null,null,"final decision should not be made until at least 24 hours after the conference.)"]
[]
["10.",null,"If the decision is to take disciplinary action, have you given that decision in writing and listed specific reasons"]
[null,null,"for that decision? (See attachment D.)"]
[]
["11.",null,"Have you informed the coworker of the grievance procedure?"]

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["ATTACHMENT D"]
[]
["CITY OF HICKORY"]
[]
["NOTICE OF PERSONNEL ACTION"]
[]
[]
["To: "]
[{"$nulls":3},"(NAME OF EMPLOYEE)",{"$nulls":21},"(DEPARTMENT/DIVISION"]
[]
["You are hereby notified that the following action has been taken concerning your employment with"]
["the City of Hickory:"]
{"$rows_empty":8}
["Effective Date of Action:",{"$nulls":16}," day of",{"$nulls":11},",",{"$nulls":4},"."]
[{"$nulls":13},"(DAY)",{"$nulls":7},"(MONTH)",{"$nulls":8},"(YEAR)"]
[]
["REASON FOR ACTION:"]
[]
[]
[]
[]
["NOTE:  A FULL-TIME EMPLOYEE WHO IS SUSPENDED, DEMOTED, OR DISMISSED HAS THE"]
["RIGHT OF APPEAL IN ACCORDANCE WITH THE CITY OF HICKORY'S GRIEVANCE POLICY."]
[]
[]
["(DATE)",{"$nulls":11},"(ACKNOWLEDGED BY EMPLOYEE)"]
[]
["A copy of this notice is delivered to the employee this ",{"$nulls":30}," day of",{"$nulls":11},",",{"$nulls":4},"."]
[{"$nulls":27},"(DAY)",{"$nulls":7},"(MONTH)",{"$nulls":8},"(YEAR)"]
[]
[]
[]
[{"$nulls":27},"(DEPARTMENT HEAD)"]
[]
[]
[]
["APPROVED:  (Required for Demotion)"]
[]
[]
[]
["City Manager"]