DISCIPLINE

1. DISCIPLINE FROM START TO FINISH

2. 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

3. 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

4. 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.

5. NOI DOCUMENT STRUCTURE • Discipline proposed • Reasons for proposed discipline • Policy/Procedure violations • Failure to meet performance standards

6. 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

7. 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

8. 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

9. 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?

10. 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?

11. NOI DOCUMENT STRUCTURE (continued…) • Previous discipline imposed for similar actions • Type of discipline and violations • Recent performance evaluations • Relevant performance discussions

12. 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

13. NOI DOCUMENT STRUCTURE (continued…) • Due process rights • Notification of Skelly hearing • Notification of MOU rights

14. NOI DOCUMENT STRUCTURE (continued…) • Attachments • Include anything relied upon for the discipline decision • Include any documents referred to in the NOI • Methods of attachment

15. 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!

16. 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

17. WRITING TIPS (continued…) • Stick to the facts and not your conclusions or interpretations of the facts

18. 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?

19. QUESTIONS ???