DISCIPLINE

FROM START TO FINISH

HRD REVIEW PROCESS FOR POTENTIAL DISCHARGE CASES

• Case Conference

• Dept. submits 2 copies of NOID to Service Team Manager– One copy is reviewed by STM; other copy is

sent to County Counsel for review– STM and CoCo meet and discuss case– STM communicates issues back to

department for follow-up

HRD REVIEW PROCESS FOR POTENTIAL DISCHARGE CASES (continued…)

• STM submits case with summary memo and recommendations to Asst. HR Director

• Asst. HR Director adds their recommendation and forwards to HR Director for final decision

PURPOSE OF NOI (Skelly Package)

• Meets one of the due process requirements (Skelly vs. State Personnel Board) before a “property right” can be taken from an employee.

NOI DOCUMENT STRUCTURE

• Discipline proposed

• Reasons for proposed discipline– Policy/Procedure violations– Failure to meet performance standards

NOI DOCUMENT STRUCTURE (continued…)

• Brief employment information– Date of Hire– Date started in current classification/

assignment– Responsibilities of position/assignment– Relevant training or licensure– Relevant professional ethics or standards

NOI DOCUMENT STRUCTURE (continued…)

• State how agency/department became aware of issue

• Review of investigation– Who conducted the investigation?– Evidence obtained and how it was obtained– Parties interviewed and what they reported (how did

they obtain the info., vantage point during incident, confirmation of witness statement, etc.)

– Overview of investigatory interview

NOI DOCUMENT STRUCTURE (continued…)

• Review of investigation (continued…)– Credibility issues (relationship with accused,

discrepancies in statements, potential motives of witnesses, etc.)

– Address mitigating factors or exculpatory evidence investigated

– Factual statements (recitation of evidence) vs. conclusions or opinions

NOI DOCUMENT STRUCTURE (continued…)

• Recital of P&P’s violated including specific sections– Was the employee provided a copy of the

policy?– Was any training provided regarding the

policy?– Any reminders regarding the policy?– What actions should the employee have taken

based on the policy or procedure?

NOI DOCUMENT STRUCTURE (continued…)

• Impact of the violations or performance on the operation or to co-workers/clients

• Any relevant professional or ethical standards violated?

NOI DOCUMENT STRUCTURE (continued…)

• Previous discipline imposed for similar actions– Type of discipline and violations– Recent performance evaluations– Relevant performance discussions

NOI DOCUMENT STRUCTURE (continued…)

• Conclusions/Reasoning for proposed discipline– Outlines the writers thought process for the

discipline– Addresses credibility assessments– Ties conclusions to the facts of the case

NOI DOCUMENT STRUCTURE (continued…)

• Due process rights– Notification of Skelly hearing– Notification of MOU rights

NOI DOCUMENT STRUCTURE (continued…)

• Attachments– Include anything relied upon for the discipline

decision– Include any documents referred to in the NOI– Methods of attachment

WRITING TIPS

• Summarize extensive data into charts if possible

• Quote directly from witness statements - don’t summarize

• Be concise - only include relevant information

• Don’t try to hide relevant information – it will come out!

WRITING TIPS (continued…)

• Make the information easily understood by a neutral reader

• Spell out acronyms the first time they are used

• Briefly give an overview of a particular program to help a neutral reader understand more of the context

WRITING TIPS (continued…)

• Stick to the facts and not your conclusions or interpretations of the facts

OTHER INFORMATION HRD CONSIDERS

• Can you prove each of the violations listed in the NOID?

• Performance evaluation history

• Future witness availability

• Disparate treatment

• Nexus for off-duty conduct

• Are all attachments included?

QUESTIONS ???