GENERAL
Employees of the Ohio Department of Natural Resources (ODNR) should maintain high standards of behavior, conduct, and work performance befitting the trust and responsibility imposed on them as public servants. Employees who fail to abide by standards established herein may be subject to appropriate disciplinary action initiated in accordance with ORC Section 124.34, Department of Natural Resources policies, the Collective Bargaining Agreements or any other appropriate procedures governing discipline. When implementing discipline as corrective action, each ODNR Division/Office shall undertake disciplinary measures for the purpose of correcting an offending employee’s inappropriate conduct.
Conviction of a felony is a separate basis for reduction in pay or position, suspending or removing an employee, even if the employee has already been reduced in pay or position, suspended or removed for the same conduct that is the basis of the felony.
It is the intent of this policy to refer to all Departmental/Divisional/Office policies, procedures, and directives when using the generic term “policy”.
RESPONSIBILITIES
Supervisors are responsible for the appropriate and consistent application of the work rules, policies, procedures and directives of the Department and/or laws of the State of Ohio. Supervisors are also responsible for initiating the request for disciplinary action as soon as they are aware of a potential situation.
Employees are responsible for complying with and adhering to all work rules, policies, procedures and directives of the Department and/or laws of the State of Ohio. Employees are expected to conduct themselves in a manner both on and off duty that does not adversely affect the ability of the employee to perform the duties of their position. (i.e. Nexus). Illegal conduct on the part of any employee, whether on of off duty, is not only unlawful, but reflects poorly on the integrity of the Department and betrays public trust.
In the event any ODNR employee is convicted of any felony the employee shall within ten (10) days, notify the ODNR Labor Relations Office. Failure to notify the Labor Relations Office may subject the employee to discipline up to and including removal.
FORMS OF DISCIPLINE
Reprimands
Oral Reprimand - Memorandum to the employee with a copy to the Labor Relations Office and corresponding Union (if appropriate) documenting the nature of the oral admonishment. The memorandum should include the time, date and nature of the violation in addition to the proper course of behavior and future consequences if the behavior is not corrected.
Written Reprimand - Memorandum to the employee with a copy to the Labor Relations Office and corresponding Union (if appropriate) documenting the nature of the written admonishment. The memorandum should include the time, date and nature of the violation in addition to the proper course of behavior and future consequences if the behavior is not corrected.
Suspensions
Suspension - Loss of scheduled work day without pay.
Working Suspension - Used in lieu of suspension for any violation covered by this policy. A working suspension possesses the same effect as a suspension without pay for purposes of progressive discipline; however, the employee is required to report to work as normally scheduled and is paid for all hours worked.
Fine (five days or less) -
- EXEMPT/FOP-Used in lieu of a suspension for any violation covered by the policy. Fines are calculated according to the guidelines established by the Ohio Department of Administrative Services and promulgated by the Office of Collective Bargaining.
- OCSEA- Utilized per A/S 24.02 of the Collective Bargaining Agreement
Leave Reduction - Used in lieu of suspension for any violation covered by this policy. Rather than have the employee serve the suspension or have a fine deducted, the employer may offer the employee the option of utilizing his/her accrued personal, vacation and/or compensatory leave hours.
Reduction/Demotion/Removal
Reduction of one step - An employee may receive a step reduction as a form of progressive discipline. This form of discipline shall only be imposed as an alternative to termination and shall not interfere with the employee’s normal step anniversary.
Demotion - Movement of an employee from one position to a vacant position which is assigned to a different classification and a lower pay range or lower salary where pay ranges do not exist.
Removal - Involuntary termination of employment from ODNR.
DISCIPLINARY GUIDELINES
Disciplinary actions should be imposed with the intent of giving the employee the opportunity to correct his/her behavior. If such correction does not occur, the level of discipline should become more severe. Certain offenses, by their nature, may warrant more severe disciplinary action up to and including removal, irrespective of issuance of prior discipline.
The following list of offenses and their penalties is a guideline. Other factors considered in applying the appropriate penalty for an infraction include but are not limited to the severity of the offense, the employee's disciplinary record and mitigating or aggravating circumstances. For progressive discipline purposes, the infraction/discipline does not require an offending employee violate the same/similar rule infraction except as noted below. This list of offenses and their penalties is merely illustrative and is not meant to be all inclusive. The form of discipline listed with these offenses only provides a suggested range of appropriate action. Other forms of discipline may be utilized if deemed more appropriate.
Note: The ODNR disciplinary guidelines establish Performance/Behavior Based offenses for both non-commissioned and commissioned staff, and Weapons Qualifications offenses for commissioned staff only. Violations of these two sections of the policy shall be treated separately for the purposes of progressive discipline until active discipline reaches three or more days for either section. Thereupon, both sections shall be considered as one for purposes of progressive discipline.
Performance/Behavior-Based Violations
|