HomeMy WebLinkAboutPROCEDURE- GRIEVANCES, DISCIPLINE, & APPEALS PROCEDURE
GRIEVANCES, DISCIPLINE, & APPEALS
Section 300.001 Objective
It is the practice of Augusta, Georgia to:
1) Provide fair, equitable, and timely grievance procedures for all regular employees;
2) Facilitate free discussion of employment concerns between employees and supervisors
to foster better understanding of administrative policies, procedures, and practices;
3) Promote reaching a fair and equitable decision and doing so in a climate of mutual
understanding and objective fact-finding; and to
4) Assure that those who file grievances are not retaliated against.
Section 300.002 Grievance Procedure Scope
This grievance procedure applies to all regular full-time Augusta, Georgia employees except SES
employees. Part-time employees,temporary employees, elected officials, contract employees and
persons in Grant Funded positions are not covered.
Augusta, Georgia reserves the right to depart from this grievance procedure in its sole discretion.
All employees are employed at will, and both they and Augusta, Georgia may terminate the
employment relationship at any time, with or without cause, without following any specific
procedure.
Section 300.003 Grievance Procedure Undertakings
No punitive, discriminatory, adverse, or retaliatory action shall be taken against any employee on
account of the filing of a grievance or an appeal unless such grievance or appeal is frivolous.
Frivolous is defined as a grievance or appeal that is completely unsubstantiated or falsified.
All employees involved in processing a grievance will work diligently to insure that all grievances
are handled fairly and expeditiously and that all required deadlines are met. Every effort shall be
made to resolve grievances at the lowest possible level in the Augusta, Georgia organization.
Grievances shall be resolved by making decisions that are best for the organization and employees.
Not every grievance will be resolved to the employee's satisfaction, but each grievance will be
investigated and the employee will receive a response.
Department Directors shall be responsible for the administration of this grievance procedure in
their respective departments.
Section 300.004 Grievance Procedure Definitions
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A "grievance" is a disagreement regarding an interpretation and/or application of administrative
rule, regulation,policy,plan or procedure which exists under the personnel administration system
of Augusta, Georgia which an employee feels is unjust or unfair.
A "working day" for this procedure is defined as any day of business between workings hours of
8:00 a.m. and 5:00 p.m. excluding Saturday, Sunday and Augusta, Georgia observed Holidays.
Section 300.005 Exclusions from the Grievance Procedure
1) Disciplinary Actions (i.e. letter of warning, written warnings, PIPs, suspensions without
pay, demotions, and terminations).
2) Complaints of Sexual Harassment (These allegations should be filed with and will be
processed according to the Policies and Procedures established by the Commission for
the Augusta, Georgia Equal Employment Office (EEO Office)).
3) Complaints of Discrimination (Allegations regarding discrimination based on race, age,
sex, national origin, religion, veteran status and disability should be filed with and will
be processed according to the Policies and Procedures established by the EEO Office).
4) Wage/compensation issues pertaining to pay or benefits; validity of established salary
ranges of the current Augusta, Georgia pay plan; or salary,title, or duties and grade of a
position or job evaluation.
5) Hours of work and work schedules or performance appraisals/ratings/performance
standards.
6) Non-selection from a bona-fide referral list of qualified and/or highly qualified
candidates provided to the selecting official from HR.
Section 300.006 Grievance Procedure General Provisions
Grievances may be initiated only by the employee concerned and may not be pursued without the
affected employee's consent.
Repeated filing of grievances concerning the same issue which has been denied will not be
considered.
The employee filing a grievance may, at any step in the procedure,request the assistance from the
HR Department or from an advisor/advocate of his or her choosing. If this advocate is a current
employee,the advocate must obtain his or her supervisor's permission to participate. The advocate
can only present or prepare for the panel hearing during the advocate's off-duty hours.
Supervisors or Administrators hearing a grievance are urged to call upon the HR Director for
advice of assistance in the appropriate interpretation of Augusta, Georgia rules and procedures.
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This procedure is normally intended for the use of individual employees. Should a number of
employees file separate grievances on the same matter, such grievances may be combined. A final
determination on the combined grievance shall be binding on all such similar grievances, and a
copy of the final determination shall be provided to all complainants.
Any grievance shall be considered resolved at the completion of any step if all parties are satisfied
or if neither party appeals the matter to the next step of the procedure with the prescribed period.
Section 300.007 Presenting a Grievance
Grievances must be presented, in writing, to the appropriate supervisor/manager in the chain-of-
command within ten (10) working days from the date of the act or from the date the employee
became aware of the occurrence. Grievances submitted after this time are untimely and will not
be considered. Grievances must be submitted on the grievance form prescribed by the HR Director
for this purpose.
If the supervisor does not comply with the time limits within a step of the procedure,the employee
filing the grievance may proceed to the next level of review. A supervisor who is not responsive
to the time limits set forth in this procedure maybe subject to disciplinary action.
Failure of the grievant to comply with established time limits shall constitute abandonment of the
grievance and an exhaustion of such employee's administrative remedies as to the issue grieved.
Since it is important that grievances be resolved as rapidly as possible, time limits, as set forth in
the previous paragraphs, shall be considered a maximum and efforts shall be made to expedite the
process.
If either party wishes to extend any time limit at any step a request for extension should be made
in writing to the Department Director, indicating justification for the request at least twenty-four
(24) hours prior to the deadline established for the various steps.
Section 300.008 Grievance Process
Step One: Immediate Supervisor
Augusta, Georgia's position is that issues are best resolved when there is open communication
between employees and supervisors. It is the responsibility of any employee who believes that
he/she has a bona-fide grievance to promptly discuss the issue with his or her immediate supervisor
and attempt to resolve the matter at this level. It is recommended that the employee verbally
express the suggested solution. The immediate supervisor shall give an oral response to the
employee. Every reasonable effort shall be made to resolve the problem at this step. If the
employee is not satisfied with a supervisor's oral response, or chooses to bypass this step,then the
employee may proceed to step two.
Step Two: Chain of Command
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The employee shall complete a written Employee Grievance Form and submit it to the immediate
supervisor within five (5) working days of the event that gave rise to the grievance or when the
employee first became aware of the issue. Upon receipt of a written grievance, the immediate
supervisor shall consult with their immediate supervisor(if appropriate) and immediately forward
a copy of the grievance to the Department Director. If there are other supervisory levels between
the immediate supervisor and the Department Director, (i.e. field supervisor, assistant director,
etc.)these levels should participate in resolving the grievance at this Step since the next step is the
Department Director. The immediate supervisor and other supervisors in the employee's chain of
command shall enter their joint comments on the Employee Grievance Form and return it to the
employee within five (5) working days of receipt of the grievance by the employee's immediate
supervisor. Where a grievance concerns the conduct of the immediate supervisor, the next
supervisor in the chain of command may choose to respond at this step.
If the written response of the immediate supervisor and/or other supervisors does not satisfy the
complainant, the employee may proceed to the next level by presenting the grievance to the
Department Director within five (5) working days of receiving the step two response.
Step Three: Department Director
Upon receipt of a timely submitted step two exhausted grievance, the Department Director will
conduct whatever investigation they deem necessary as part of their review of the grievance.
Within ten (10) working days of having received the written grievance, the Department Director
shall submit a written response to the complainant. A copy of the response shall also be provided
to the supervisors in the employee's chain of command at the Department level and to the HR
Director.
If the Department Director's response is not acceptable to the complainant, the complainant may
request that the Administrator(or appropriate designee) review the grievance through a request to
the HR Director. Such a request must be made on the Employee Grievance Form, within five (5)
working days after the employee receives the Department Director's response.
Step Four: Administrative Review
Upon receipt of a timely submitted step three exhausted grievance,the HR Director will investigate
the grievance and recommend a solution to the Administrator. The HR Director will have ten(10)
business to provide a recommendation to the Administrator.
The Administrator may accept the HR Director's recommendations, conduct his or her own
investigation, and/or hold an Administrative Review hearing. The Administrator or his or her
designee will present a final decision within ten(10)working days of receipt of the grievance from
the HR Director. The Administrator's decision is final.
Section 300.009 Grievance Witnesses
The grievant and the department may call witnesses to testify at a grievance hearing. Falsifying a
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statement is considered "serious misconduct" and may result in the employee's suspension or
separation from employment.
Section 300.010 Grievance Documentation
Once a grievance submitted to the Administrator has been resolved, all documentation associated
with the grievance will be forwarded to the Human Resources Department. Although grievance
documentation is part of the employees' records, the documentation will be maintained in a file
separate from the employee's official personnel file in the HR Department.
Section 300.011 Discipline Framework
Purpose:
To establish a uniform, fair, and standardized means by which Augusta, Georgia may administer
a program of disciplinary procedures and guidelines. Each party shall seek guidance from the
Human Resources Department regarding such disputes.
Guidelines:
1) Disciplinary action may be taken against an employee when a rule of Augusta, Georgia
or the Department is violated, when work performance is not satisfactory, when
counter-productive or inappropriate behavior is exhibited,or violation of lawful orders,
work rules/standards, organizational Standard Operating Procedures (SOPs),
administrative rules, organizational policies and procedures, ordinances, and/or
statutes. A discipline program should exhibit promptness, impartiality, consistency,
and fairness, where employees know what to expect as the result of certain behaviors
on the job (See Guidelines for Disciplinary Actions- Table I).
2) Augusta, Georgia generally follows a policy of progressive discipline. The purpose of
a progressive disciplinary procedure is to give the employee adequate notice and
opportunity to correct any deficiencies, and its focus is on prevention of future
violations rather than on punishment. The disciplinary action taken is normally to be
the least serious action needed to prevent future instances of inappropriate behavior.
If inappropriate behavior continues, the employee can expect further and more serious
discipline. This procedure does not restrict the imposition of a suspension, demotion,
or termination in matters that are outside the progressive discipline policy.
Augusta, Georgia reserves the right to depart from this discipline procedure in its sole
discretion. All employees are employed at will, and both they and Augusta, Georgia
may terminate the employment relationship at any time,with or without cause,without
following any specific procedure.
Types of Discipline:
The types of disciplinary action, in order of their severity, are:
A. Informal Discipline
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1) Letter of Warning
A Letter of Warning is a type of informal disciplinary action and may be used to
admonish an employee for committing a minor violation. It is often used when verbal
counseling, admonishments, on the job training, and/or guidance has failed to provide
the necessary corrective action. The "Notice of Warning Letter" (See Form HR-ER 1)
provides documentation that the counseling occurred, outlining the shortcomings or
violations and then offering recommendations for improvement. Informal discipline
documentation is maintained at the department level.
Informal disciplinary actions are not subject to the grievance or appeals processes.
Thus, decisions made by Department Directors with regard to informal disciplinary
actions are final with no right of appeal.
B. Formal Discipline
1) Written Reprimand
A Written Reprimand is an admonishment given to the employee in writing, and is
always placed in the official personnel file in Human Resources. This form of
discipline is more serious than a Letter of Warning, but less serious than a suspension.
A Written Reprimand often serves as the type of discipline given for a repeated offense
of minor violations or for the first offense of a moderately serious infraction. The
"Notice of Written Reprimand" (See Form HR-ER II) will be completed by the
Department Director and forwarded to Human Resources for inclusion in the
employee's official personnel file. If a Letter of Warning or any other relevant
disciplinary actions has been issued previously, a copy may be attached as supporting
documentation. The letter of Written Reprimand may be used to support further
disciplinary actions for a period no longer than three (3) years from the date of receipt.
Decisions made by Department Directors with regard to written reprimands are final
with no right of appeal.
2) Performance Improvement Plans
The Performance Improvement Plan (PIP) is designed to facilitate constructive
discussion between a staff member and his or her supervisor and to clarify the work
performance to be improved. It is implemented, at the discretion of the supervisor and
Department Director, when it becomes necessary to help a staff member improve his
or her performance.
A PIP will be conducted for period of ninety (90) days and must be approved by the
Department Director. If an employee shows improvement but not enough that the
employee meets the status of"satisfactory", the PIP may be extended for a period of
ninety (90) days within a one (1) year cycle for a total of no more than two (2) PIP
plans. If an employee does not show improvement after the initial PIP or does not meet
the status of"satisfactory" after two (2) PIPs, the Department Director should demote
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or terminate the employee. A PIP may be used in conjunction with any other form of
discipline. Decisions made by Department Directors with regard to performance
improvement plans are final with no right of appeal.
3) Suspension Without Pay
A suspension is the most severe form of discipline, short of demotion or termination,
and involves time off without pay. It is used when a written reprimand has not
corrected the inappropriate behavior or when an offense is more serious than that
warranting a reprimand. A suspension may last from one (1) to thirty (30) days
depending on the seriousness of the infraction. Any suspension shall utilize the"Notice
of Disciplinary Action" form (Form HR-ER III) and must be approved by the
Department Director, or equivalent, prior to issuance to the employee. A copy will be
processed through the HR Director. The decision maker with regard to all suspensions
without pay is the Department Director, but such decisions can be appealed to the
Administrator.
4) Demotion With a Pay Reduction
Performance-Based Demotion
An involuntary demotion may occur based on poor performance and is appropriate
where:
a. The employee's inability to perform current job duties has been demonstrated
and documented in the employee's record through one or more PIPs;
b. The employee's record is otherwise satisfactory and no other active rule violations
exist, e.g. attendance, punctuality, etc.;
c. The employee is qualified for the lower grade or alternative position;
d. The employee has the ability, is qualified, and a vacancy exists, the employee may
be demoted to another position which may be in a lower pay grade or transferred to
another job within the employee's functional unit; and
e. The Department director has provided final approval for a demotion.
If an employee has been promoted or transferred in the last year and the employee is
not performing at a level expected in the new job, then the employee may request to
return to the previous job or a job similar to the previous job and their salary will return
to what it was prior to the promotion or transfer. The availability of such a job may
depend upon mitigating circumstances, such as whether the job has already been filled
within the same department. Augusta, Georgia will assist the employee in finding a
suitable job that corresponds to their experience, skills,and knowledge. Should the job
previously held by the employee be filled and no other comparable position exists, the
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employee will be placed on lay-off status until a comparable position may be found.
However,if within six(6)months a comparable position is not found the employee will
be placed on permanent lay-off status.
Performance-Based Demotions with pay reductions may be considered in cases where
moving the person out of their current position is more appropriate than termination.
Conduct-Based Demotions
An involuntary demotion may also occur based on poor or unacceptable conduct. With
this type of demotion, a Performance Improvement plan is not necessary or required.
a. Unacceptable personal conduct violations are outlined in the violations and
recommended disciplinary actions in Table I.These conduct violations may include
but are not limited to:personal conduct that disrupts work or the work environment,
jeopardizes the safety of persons or property, or creates other serious disruptions in
the workforce.
b. There are circumstances in which unacceptable or bad conduct could warrant
imposing disciplinary action that is more severe than suspension but less severe
than termination. An acceptable alternative disciplinary action for this type of
conduct can be demotion in lieu of termination.
Provided the employee is qualified, a funded vacancy exists, and the Department
Director believes that demotion would be a more appropriate disciplinary action than
termination; the employee may be involuntarily demoted to another position which
may be in a lower pay grade or transferred to another job within the employee's
functional unit. In either case the demotion in pay and/or grade would require a
minimum ten percent(10%)reduction in base pay. The decision maker with regard to
all demotions is the Department Director, but such decisions can be appealed to the
Administrator.
5) Termination
Termination from employment is the most severe form of discipline. It is normally
used when an employee has violated the substance abuse policy or has been disciplined
repeatedly and commits yet another infraction. It may also be used when the employee
has committed any infraction that falls outside progressive discipline, regardless of
disciplinary history. The decision maker with regard to all terminations is the
Department Director, but such decisions can be appealed to the Administrator and, for
non-substance abuse terminations, there is a second appeal to the Personnel Board.
Section 300.012 Discipline Guidelines and Procedure
1) An employee for whom formal disciplinary action (i.e. written reprimand, PIP,
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suspension, demotion, or termination) is being considered may, when possible, be
allowed notice prior to imposition of such action by the use of the "Notice of
Disciplinary Action" form. The employee will have five (5) working days in which
to respond in writing or orally to the Department Director explaining why the action
should not be taken. Failure to respond within that period will not delay administering
of the disciplinary action.
2) Suspensions (for any reason), terminations, and demotions are permanent actions and
will be retained in the official personnel file indefinitely.
3) Any disciplinary action recommending a suspension,demotion, or termination must be
in writing and must be approved by the Department Director prior to disciplinary action
being imposed.
4) An effective discipline program is characterized by the uniform application of rules and
regulations. Generally, like offenses should result in similar disciplinary actions. At
the same time, the supervisor administering the discipline may consider additional
factors such as years of service and internal consistency.
5) It is recognized that similar offenses may result in different disciplinary actions,
depending on work history, circumstances, and the severity of the offense. For
example,an employee who is charged with"absence without approved leave"(AWOL)
for a two-week absence may be terminated while an employee who is charged with
AWOL for a two-hour absence may only receive a one-day suspension. Both
employees are charged with the same offense,but receive different disciplinary actions.
6) Other factors that may influence the severity of disciplinary action include, but are not
limited to, the following: the length of the employee's service, the quality of the
employee's service, the cost involved, and the cooperation of the employee in the
investigation of the specific incident. Ensuring that disciplinary actions are
administered in a fair, consistent, and non-discriminatory manner is the responsibility
of the Department Director, the HR Director and the Administrator.
7) An employee may not be punished more than once for the same offense by any other
management official of Augusta, Georgia. Previous offenses may, however, be taken
into account when considering future discipline. Disciplinary actions by law
enforcement or any other outside agency does not prohibit Augusta, Georgia from also
taking disciplinary action. For example, if an employee is issued a citation by law
enforcement during the investigation of an "at fault" accident, this does not prohibit
Augusta, Georgia from imposing disciplinary action as well.
8) In determining the proper level of disciplinary action, which would be suitable to a
particular offense, refer to the "Guidelines for Disciplinary Actions". This Table of
Guidelines (Table I) provides examples of misconduct but may not be all-inclusive.
Augusta, Georgia has the right to discipline an employee for offenses not specifically
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listed. If an act or violation is of a very serious nature, intermediate levels of
progressive discipline may be bypassed with more severe penalties imposed.
9) In addition to a thorough narrative with any supporting evidence as necessary,
supporting the reason(s)for the charges or offense in question,the Department Director
should cite any applicable"Violation Reference"code found on the table of guidelines.
(HR-ER Form). More than one reference may be cited in making record of the
disciplinary action. The specific action or punishment to be taken is at the discretion
of the Department Director; particularly egregious violations may bypass the
progressive discipline process.
Note: The Personnel Board shall consider only appeals of employees as it relates to non-
substance abuse terminations.
Steil 1001113 Review and Approval Process
Submitter Approver Time to 1st
Formal (Step 1) (Step 2) Appeal 1 Appeal Time to 2nd Appeal
Discipline (Step 3) (Step 3) Appeal (Step 4)
Written Supervisor/ Department None None
Reprimand Manager Director None None
Supervisor/ Department None
PIP Manager Directors None None None
Suspension Supervisor/ Department 5 days Administrator None None
Manager Director
Supervisor/ Department 5 days None None
Demotion Manager Director Administrator
Termination Supervisor/ Department
(Non- Manager Director 5 days Administrator 5 days Personnel Board
substance
abuse)
Termination Supervisor/ Department
(Substance Manager Director 5 days Administrator None None
Abuse)
1) When initiating discipline,the Supervisor shall notify the employee(Notice of Pending
Disciplinary Action" form) that formal disciplinary action, i.e. suspension, demotion,
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or termination, is being considered. This notification shall provide facts and a
description of the alleged infraction(s) and the consequences under consideration. The
employee shall be given five (5) working days in which to provide a written response
to the Department Director, with a copy to HR, showing cause as to why disciplinary
action should not be taken.
2) When a regular employee is charged with misconduct that serves as a basis for
termination or demotion, the Department Director may (but is not required to) place
the employee on up to three (3) days Administrative Leave with pay. The
administrative leave will be unpaid if the employee is otherwise unavailable to perform
his or her job duties or if unpaid Administrative Leave is approved by the HR Director.
3) Infractions of a serious nature may require prompt action, not allowing for advance
notification. Any written communication from the employee will permanently
accompany the relevant disciplinary action.
4) The Department Director must coordinate with the HR Director to assure procedural
compliance prior to issuance of any proposed or final decision. Within ten (10)
business of receipt of the employee's written response, the Department Director will
decide and issue the disposition in the matter using the"Notice of Decision Form HR-
ER IV."
5) Upon receipt,the employee should sign and date a"Receipt Acknowledged"of Notice
of Decision. A copy of all documentation associated with the case will be furnished by
the Department Director to the HR Department for filing in the official Personnel File.
Section 300.014 Appeal of Approved Discipline
1) In order to remain timely, the request from the employee for an Appeal to the
Administrator or Personnel Board, must be written, signed and filed in the HR
Department within five (5) business days of the employee receiving notice of the
Decision by the Department Director or appeal decision by the Administrator. The
effect of an employee's failure to request an Appeal within this five (5) day period
constitutes a waiver of their right to appeal the action or decision and a failure on their
part to exhaust their administrative remedies. In such instances, the decision made by
the Department Director(or Administrator) shall become a final Decision which is not
appealable.
2) If an employee chooses to appeal a Decision made by the Department Director to the
Administrator, a written statement by the employee specifically referencing the
suspension, demotion, or termination and providing their reasons, to include any
relevant documentation, for recommending the disciplinary action be overturned, shall
be forwarded to the HR Director. The HR Director will review the documents for
timeliness and completeness and, if a timely appeal is made, shall forward a copy of
the request to the next appeal level within five (5) business days of receiving the
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request.
Section 300.015 Appeals to the Administrator
1) The employee shall have five(5)business days from notification of the Decision of the
Department Director to file a written appeal to the Administrator. The written appeal
shall contain a short descriptive statement containing the reasons the appealing party
believes the Department Director's decision should be overruled.
2) Within five(5)business days of filing a timely appeal to the Administrator,the Human
Resources Department shall deliver the complete discipline file to the Administrator.
3) The Administrator shall review the discipline file and render a written decision and
within ten(10)business days of the delivery of the file. After reviewing the discipline
file, the Administrator may, but is not required to, meet with the employee and/or the
Department Director prior to rendering a decision on an appeal. The Administrator
may uphold, overturn, or modify the decision of the Department Director at his or her
discretion. If the Administrator upholds a termination decision,he or she shall provide
written statement supporting the decision.
Section 300.016 Appeals to the Personnel Board: Non-Substance Abuse Terminations Only
Note: Only full-time regular employees may appeal Terminations. SES and Probationary
employees may not appeal to the Personnel Board.
1) The employee shall have five (5) business days to appeal the decision of the
Administrator to the Personnel Board upon receiving notification of a final decision.
2) Upon receipt by the HR Director of a timely written request for appeal of termination
by the employee, Human Resources will, within ten (10) working days, submit all
documentation, including a statement of charges,to the Personnel Board.
3) At its next scheduled meeting, or at a special called meeting, the Personnel Board will
hold an open hearing and receive evidence in relation to the Appeal in accordance with
the bylaws of the Personnel Board.
4) The employee or agents of the employee may not contact or have discussions with any
member of the Personnel Board regarding the Employee's hearing, the facts
surrounding the hearing, or the Employee's character outside the confines of the
hearing while the Employee's appeal is pending. The employee's failure to comply
with this regulation will result in the Employee's appeal being denied and the decision
of the Department Director being upheld.
5) If an employee wishes to have an attorney present at the Personnel Board hearing, said
employee must inform the HR Director of such intention at least forty-eight (48)hours
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prior to the hearing. The HR Director may seek legal representation from the Law
Department in any Personnel Board Hearing irrespective of whether the employee has
requested an attorney or not.
6) If an employee desires to request a continuance of a scheduled hearing, the employee
must provide at least forty-eight (48) hours' notice of the need to reschedule. Failure
to provide adequate notice will result in the hearing to proceeding as scheduled.
Decisions regarding whether to allow for a continuance shall be made by the
Chairperson of the Board. If an employee fails to attend the scheduled open hearing,
the employee's appeal will be denied and the decision of the Administrator will be
upheld.
7) Within five (5)business days of the hearing, a written decision will be rendered by the
Personnel Board. Such decision shall contain a descriptive statement by the Chairman
of the Personnel Board describing the reasons the Board rendered its decision.
The HR Department will notify the employee in writing of the decision of the Personnel Board.
Section 300.017 Personnel Board By-Laws
(A)Purpose. The purpose of these bylaws is to establish uniform procedures for the conduct of
hearing and meeting of the Augusta, Georgia Personnel Board(hereinafter"Personnel Board"
or"Board").
(B)General Provisions.
1) An employee who is terminated for a non-substance abuse reason may file an appeal
to the Board within five (5) days after the date of the decision of the Administrator
upholding the termination. Within thirty (30) days from the date of the employee's
appeal to the Board, a hearing shall be scheduled by the Board Chairman.
2) Notice of Hearing. All appeals to the Personnel Board shall be resolved within sixty
(60) days from the date of the filing of the appeal. If the appeal is not resolved by the
Personnel Board within sixty (60) days from the date of the filing of the appeal, the
termination shall be upheld. The Chairperson of the Board shall designate an
appropriate time and place to conduct the hearing and shall so notify all parties in
writing. Such notification should be mailed or served at least five (5) calendar days in
advance of the date set for the hearing. The Personnel Board will review the charges
and information provided by the Department Director and shall consider the written
statement provided by the Administrator in upholding the termination. At its next
scheduled meeting, or at a special called meeting, the Board will hold an open hearing
and receive any additional evidence in relation to the Appeal. The Chairperson of the
Board, or a majority vote of the Board, shall have the authority to postpone or to
continue a hearing (either in the Chairperson's discretion, upon a motion by the
Personnel Board or upon the motion of either party, orally or in writing). Once a
hearing is scheduled, each party may request a continuance if appropriate, but no party
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can request more than two (2) continuances during the course of an appeal.
3) Representation. Opportunity shall be afforded both parties to represent themselves or
to be represented by an attorney licensed to practice law in the State of Georgia. All
arrangements for providing legal counsel shall be the responsibility of the party
desiring such representation. An employee intending to have representation shall
inform the Director of Human Resources and the Department Director of such
intentions at least 48 hours prior to the scheduled date of such hearing.
4) Pre-Hearing Conference. The Chairperson of the Personnel Board may arrange a pre-
hearing conference for the purpose of reviewing the matter being appealed and
establishing stipulations to expedite the hearing.
5) Witnesses.
a. The appellant or the Department Director (or his or her designee) may request the
attendance of employees or other persons as witnesses when their testimony will
aid in establishing the facts in the case. Employees appearing as witnesses shall be
released from duty without loss of pay or time and without effect on their service
rating. However,the Personnel Board does not have subpoena powers to compel a
witness's attendance.
b. No person shall directly or indirectly use, or threaten to use, any official authority
or other influence which would tend to discourage any other person from testifying.
c. Each party shall provide the opposing party a witness list at least three (3)business
days in advance of a scheduled Personnel Board hearing. A party seeking to have
a witness testify that is not on their witness list may only do so with the consent of
the opposing party.
6) Record of Hearing. A recording shall be made of all hearings;however, such recording
will not be transcribed unless the Personnel Board decision is appealed in accordance
with applicable law; or a transcript is requested by the Personnel Board or the
Administrator. In addition to the recording of the hearing, or a transcription thereof, all
documents entered into the record during the hearing shall be made part of the official
record of the hearing. It shall be the responsibility of the clerk of the Personnel Board
to compile the official record of the hearing and, upon the filing of an appeal of the
Personnel Board's decision, to have such record certified by the Chairperson of the
Personnel Board.
(C) Hearing Process.
1) Role of the Board. The Personnel Board shall have the authority to do the following in
connection with any hearing:
a. To administer oaths and affirmations;
b. Regulate the course of the hearing;
c. Set the time and place for continued hearings and pre-hearing conferences;
d. Reprimand or exclude from the hearing any person for any indecorous or improper
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conduct committed in the presence of the Personnel Board;
e. To make informal disposition of any case by stipulation,agreed settlement,consent
order or default, unless such disposition is precluded by law;
f. To render a decision as to issues properly presented to the Personnel Board; and
g. To file Answers to Writs of Certiorari properly filed in the Superior Court of
Richmond County.
2) Attendance at the Hearing. Any hearing at which the Personnel Board receives
evidence or hears arguments on appeals of terminations shall be open to the public in
accordance with Georgia Open Meetings Law. Witnesses may, however, be
sequestered at the discretion of the Board.
3) Evidence. With respect to all hearings before the Personnel Board:
a. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules
of evidence as applied to the trial of civil non jury cases in the Superior Courts of
Georgia shall be followed. Evidence not admissible there under may be admitted if
it is of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs. The Personnel Board shall give effect to the rule of privilege
recognized by law;
b. Objections to evidentiary offers may be made and shall be noted in the record;
c. When a hearing will be expedited and the interest of the parties will not be
prejudiced substantially, any part of the evidence may be received in written form;
d. Documentary evidence may be received in the form of copies of excerpts if the
original is not readily available; and
e. The Department Director may proceed with the presentation of evidence first.
4) Conduct of Hearings. In the hearing of an appeal,the proceeding shall be informal but
orderly. The following procedure shall prevail:
a. The Chairperson of the Board shall open the hearing by explaining the procedure
to be followed in the hearing.
b. Witness shall be sworn in and at the discretion of the Chairperson any or all
witnesses may be sequestered;
c. The Chairperson shall read or cause to be read the charges and specifications of the
issues to be determined by the Personnel Board;
d. The facts not in dispute may be stipulated;
e. Each party shall be given an opportunity to make a brief opening statement
identifying the issues and indicating what is to be proven. The Department Director
shall present their opening statement first followed by the employee;
f. The Department Director will begin its presentation of evidence followed by the
Page 15 of 31
employee;
g. All witnesses shall testify under oath or affirmation. The employee and the
Department Director may call witnesses to testify at a grievance hearing. Falsifying
a statement is considered as"serious misconduct"and may result in the employee's
suspension or separation from employment;
h. Each party may conduct such cross examination as shall be required for a full and
true disclosure of the facts. In addition,the Personnel Board members may examine
the witnesses;
i. Before closing the hearing,the Chairperson may allow both parties the opportunity
to make brief oral or written closing statements. The employee may present his or
her closing statement first;
j. At any point during the hearing, of his/her own accord or at the request of either
party, the Chairperson may grant a fifteen (15) minute recess to allow the parties
engage in confidential settlement negotiations. This initial fifteen (15) minute
recess may be extended by the Chairperson if both parties signify that progress is
being made in the settlement negotiations.
k. The Board shall render a written decision, which sets forth evidentiary reasons for
the decision,within five (5) business days of the close of the hearing. The decision
of the Board shall be in writing which shall set forth the reasons for its decision
regarding the dispute. Should the Board fail to overrule the termination decision,
the termination shall stand. If the termination decision is reversed by the Personnel
Board and no timely appeal to Superior Court is filed,the employee shall be"made
whole"by being reinstated as an employee and provided back pay.
1. The Human Resources Director will notify the employee in writing of the final
decision of the Personnel Board and will be responsible for implementation of the
decision rendered by the Board.
(5) Time Limitations. In the hearing of an appeal, the parties are subjected to the following
time limitations in the presentation of their cases and such time will be monitored by the
clerk of the Personnel Board.
a. Opening Statements. Each party shall have a maximum of five(5)minutes to make
an opening statement.
b. Presentation of Evidence. Each party shall have an initial time period of thirty(30)
minutes to present evidence in support of their case. A party may be granted one
or more extensions of time in fifteen(15)minute increments,upon motion and good
cause shown, to complete presentation of evidence in support of their case.
c. Closing Statements. Each party shall have a maximum of five(5)minutes to make
a closing statement.
Page 16 of 31
Section 300.018 Appeals from the Personnel Board to Superior Court
1) Should an employee or the Augusta, Georgia Commission disagree with the Personnel
Board's decision, either may file an appeal to Richmond County Superior Court in
accordance with the laws of the State of Georgia.
2) In the event that an appeal to Superior Court is filed,it shall be the responsibility of the HR
Director to ensure that a certified copy of the complete record is submitted to Superior
Court in accordance with Georgia law and the Personnel Board Bylaws.
3) The Chairjs u the Personnel Maid Shall:.Answer any Writ of Certiorari to the
Supe u Richmond s �4 for dvcisions made by the PersonnelBoard.
Section 300.019 Guidelines for Disciplinary Actions
LEGEND:
L = Letter of Warning S = Suspension
W = Written Reprimand T = Termination
IN-1 Disregard for or willful failure to follow Insubordination W S/T T
the written instruction or direction of a
supervisor or higher authority
Page 17 of 31
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IN-2 Abusive verbal conduct directed at a Insubordination W/S S/T T
supervisor within the employee's chain-
of-command.
IN-3 Failure to work overtime, special hours, Insubordination W/S S/T T
or special shifts or be on stand-by, as
directed
ND-1 Violation of any Augusta, Georgia, Neglect of Duty L/W/S W/S/T S/T T
department or division rule or directive
ND-2 Inability to perform up to accepted Neglect of Duty L W S T
work standards
ND-3 Habitual tardiness,unscheduled Neglect of Duty L W S T
absence(six(6)or more in a 180 day
period), absenteeism, and/or abuse of
leave privileges
ND-4 Willful neglect in performance of duties Neglect of Duty W/S S/T T
ND-5 Job abandonment for 3 consecutive Neglect of Duty S/T T
scheduled workdays, or 2 consecutive
24-hour shifts.
ND-6 Leaving the assigned work area during Neglect of Duty L W S T
regular working hours without
permission or until relieved.
Page 18 of 31
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ND-7 Absence without approved leave, Neglect of Duty W S T
including failure to call in or report an
absence to a supervisor the day the
absence begins.
ND-8 Being identified as"at fault"in an Neglect of Duty See See See
accident or collision by the Safety SRC SRC SRC
Review Committee while the operator Penalty Penalty Penalty
of Augusta, Georgia vehicle or piece of Matrix Matrix Matrix
equipment.
ND-9 Failure to maintain licenses, Neglect of Duty S/T T
certifications and/or other professional
credentials required for employment or
failure to notify appropriate Augusta,
Georgia officials of their loss,
suspension, or revocation.
ND-10 Suspension or revocation of Driver Neglect of Duty W/S/T S/T T
License or Commercial Driver License
(CDL) if it is required for the
performance of job duties.
ND-11 Willful or negligent violation of a Neglect of Duty W/S/T S/T T
safety policy or procedure,which
i esults in property/equipment damage or
ersonal injury.
ND-12 Violating a safety rule or practice or Neglect of Duty W/S/T S/T T
any conduct which could endanger a
co-worker or member of the public.
ND-13 Operating, or directing the operation, o Neglect of Duty W S T
an Augusta, Georgia vehicle or
equipment without proper qualifications
or supervision.
ND-14 Failure to immediately report any on- Neglect of Duty W S T
the job accident to a supervisor or
member of the chain-of-command.
ND-15 Failure to report to the Department a Neglect of Duty S/T T
subpoena or request for information
from a law firm that relates to Augusta,
Georgia business.
ND-16 Possession or sale of alcohol or illicit Neglect of Duty S/T
•rugs on Augusta, Georgia property
including vehicles).
Page 19 of 31
da
a a
ND-17 Working under the influence of alcohol Neglect of Duty S/T
or illicit drugs.
ND-18 Violation of traffic laws while Neglect of Duty L W S T
operating Augusta, Georgia vehicle, i.e.
speeding, running traffic control device,
failure to yield,etc.
ND-19 Motor Vehicle Record review with 10 Neglect of Duty T
points or more—impact on driving
privileges
EV-1 Fraud,waste, and/or abuse of Augusta, Ethics W/S/T S/T T
Georgia property or time. Violation
EV-2 Falsification or misrepresentation of an Ethics W/S/T S/T T
official document or record. Violation
EV-3 Falsification or misrepresentation of Ethics W/S/T S/T T
any portion of a job application. Violation
EV-4 Violation of Augusta, Georgia policies Ethics W S T
relating to impartiality,use of public Violation
property, conflict of interest,disclosure
or confidentiality.
EV-5 Conviction of a felony, a misdemeanor Ethics S/T T
conviction involving moral turpitude,or Violation
any misdemeanor while in the
performance of Augusta, Georgia
duties.
EV-6 Unauthorized possession of firearms, Ethics W/S/T S/T T
explosives, or weapons on Augusta Violation
property.
EV-7 Unauthorized vending or solicitation on Ethics L W S T
property or from Augusta,Georgia Violation
vehicle.
Page 20 of 31
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EV-8 Attempting to coerce or influence a Ethics S T
member of the public, fellow Violation
employees, subordinates or supervisor
with gifts, services, loans or other
consideration OR receipt of a fee, gift,
or valuable item when such is given or
accepted in the expectation of receiving
a favor or preferential treatment.
EV-9 Directing or permitting a subordinate to Ethics W/S S/T T
violate any rule,policy,procedure or Violation
regulation,whether explicit or
condoned through inaction.
EV-10 Engaging in any employment, activity Ethics S/T T
or enterprise which is illegal, Violation
incompatible, or in technical conflict
with the employee's duties and
responsibilities as Augusta, Georgia
employee.
EV-11 Engaged in outside employment Ethics T
activity while using sick leave,worker's Violation
compensation leave,or catastrophic
leave.
EV-12 Intentional destruction,theft or Ethics W/S/T S/T T
unauthorized removal of Augusta, Violation
Georgia property or assets for personal
use.
EV-13 Intentional destruction,theft(including Ethics W/S/T S/T T
stealing time)or unauthorized removal, Violation
possession or use of Augusta, Georgia •
property,tools or equipment without
consent.
EV-14 Violation of Augusta, Georgia's Ethics W/S/T S/T T
discrimination and/or unlawful Violation
harassment policies.
EV-15 Gross misconduct to include, but not Ethics S/T
limited to,physical violence,threats of Violation
physical violence or engaging in
offensive conduct or language toward
the public, supervisory personnel, or
fellow employees.
EV-16 Membership in any organization that Ethics T
advocates the overthrow of the Violation
Government of the United States by
force or violence.
Page 21 of 31
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EV-17Misconduct which undermines Ethics W S T
supervisory authority, productivity, or Violation
morale.
EV-18 Off duty conduct(e.g. conviction of a Ethics W/S/T S/T T
felony)which reflects very unfavorably Violation
upon the image and ethical standards of
Augusta, Georgia as an employer.
WE-1 Violation of Augusta, Georgia Internet Work Ethics W/S/T SIT T
Use Policies(e.g. social media, Violation
pornographic sites,etc.)
WE-2 Violation of Augusta, Georgia Email Work Ethics W/S/T S/T T
Policies(e.g. Passing on inappropriate Violation
chain emails and non-work related
content, etc.)and/or excessive personal
email/web time.
WE-3 Unauthorized use of Augusta, Georgia Work Ethics W S T
vehicles or equipment on or off-duty. Violation
Notice of Letter of Warning
(Form HR-ER I)
Employee Job Title
Date Hire
Supervisor Job Title
Department Date of Incident
I. Explanation
II. The following corrective action is expected of the employee:
Page 22 of 31
I. Future infraction(s) may result in:
Signatures
Employee Date
I acknowledge receipt of this document.
Supervisor Date
Page 23 of 31
Notice of Disciplinary Action Form
(Form HR-ER II)
Written Reprimand
Employee Job Title
Date Hire
Supervisor Job Title
Department Date of Incident
I. Disciplinary action is being taken for the following reason(s) (include dates(s) of
infraction and violation of stated policy or procedure):
II. Explanation (include dates and explanation of previous relevant discussions and/or
discipline):
III. The following corrective action is expected of the employee:
IV. Future infraction(s) may result in:
Page 24 of 31
EMPLOYEE COMMENTS (To be completed by employee.)
Signatures
Employee Date
I acknowledge receipt of this document and I understand that a copy of this document will be
placed in my official Personnel File in Human Resources.
Supervisor Date
Distribution of copies:
Original to employee
Departmental file
Human Resources employee file
Page 25 of 31
Notice of Disciplinary Action
(Form HR-ER III)
(Suspension/Demotion)
Current Date:
Employees Name:
Street Address
City, State, Zip Code
RE: Notice of Disciplinary Action—Decision to Suspend Without Pay:
Dear Mr./Mrs./Ms: (Employees last Name)
This letter is to inform you that effective (date and time) you have been placed on suspension for
( ) days. This is due to your violation of Augusta, Georgia Policies.
State violations:
Please be advised that in accordance with the Augusta, Georgia Appeal Procedures,you
have the right to file an appeal to the Administrator. Your request for an appeal must be
submitted to the Director of Human Resources in writing within five (5)working days, of
receipt of this letter.
If you have, any additional, questions or concerns related to this information do not hesitate to
contact me or the Director of Human Resources at 706-821-2303.
Sincerely,
Name
Department Director
Employee: Date:
I acknowledge receipt of this document and I understand that a copy of this document will be
placed in my official Personnel File in Human Resources.
Page 26 of 31
Notice of Administrative Review
For Proposed Disciplinary Action- (Termination,Demotion, Suspension)
(Form HR-ER IV)
Current Date:
Employees Name:
Street Address
City, State, Zip Code
RE: Notice of Proposed Disciplinary Action—Termination:
Dear Mr./Mrs./Ms: (Employees last Name)
This letter is to inform you that effective (date and time)you have been recommended for
Termination(Demotion, Suspension). This is due to your violation of Augusta, Georgia
Policies.
State violations:
If you disagree with this proposed disciplinary action, you may request that I conduct an
administrative review of this request where you will be provided the opportunity to explain why
you believe you should not be Terminated (Demoted, Suspended). To request an administrative
review of this recommendation, you must submit a written request to me within five (5) days of
receipt of this letter.
Should you not agree with my decision following the administrative review, you have the right to
appeal to the Administrator(and the Personnel Board for non-substance abuse terminations).
If you have, any additional, questions or concerns related to this information do not hesitate to
contact me or the Director of Human Resources at 706-821-2303.
Sincerely,
Name:
Department Director
Employee: Date:
I acknowledge receipt of this document and I understand that a copy of this document will be
placed in my official Personnel File in Human Resources
cc: HR Director
Page 27 of 31
Notice of Disciplinary Action- Termination
(Form HR-ER V)
Current Date:
Employees Name:
Street Address
City, State, Zip Code
RE: Termination:
Dear Mr./Mrs./Ms: (Employees last Name)
This letter is to inform you that effective (date and time)you have been terminated from
employment. This is due to your violation of Augusta, Georgia Policies.
State violations:
If you disagree with this decision you may appeal to the Administrator. To appeal this decision,
you must submit a written request to the HR Director. Your request for appeal must be received
by the HR Department within five (5) business days of receipt of this letter. Failure to submit an
appeal will result in the termination decision being upheld.
Should the Administrator uphold the termination, you have the right to appeal to the Personnel
Board (for non-substance abuse terminations). For your appeal to be timely, it must be provided
to the HR Director within five(5) days of receipt of the written notification of the Administrator's
decision.
If you have, any additional, questions or concerns related to this information do not hesitate to
contact me or the Director of Human Resources at 706-821-2303.
Sincerely,
Name:
Department Director
Employee: Date:
I acknowledge receipt of this document and I understand that a copy of this document will be
placed in my official Personnel File in Human Resources.
cc: [Name], Administrator
[Name], General Counsel
[HR Director, Title]
Page 28 of 31
Request for Appeal
(Form HR-ER VI)
Any regular employee in the Classified Service suspended without pay, demoted, or
terminated has a right to appeal such decision to the Administrator. For non-substance
abuse terminations there is also a right to appeal from the Administrator's decision to the
Personnel Board. A request to appeal a decision must be submitted to the Director of Human
Resources in writing within five (5)working days of receiving notice of the action.
Employee Name Employee ID #
Employee Title Date of Hire
Department No. Department Name:
Department Director Supervisor
Date of Incident Nature of Incident
I am appealing the following disciplinary action (place an "X" in the appropriate box):
Suspension without Pay ( ) Demotion () Termination ()
REASONS FOR APPEAL
INSTRUCTIONS:
Please state exactly what happened to cause the disciplinary action,when it happened,who
was involved and what policy,procedure, law, or contract clause you allegedly violated,and
reason(s) you believe that the action taken against you by management was not justified
(print or type):Note:You may attach additional documents or continue your written request
on additional pages, but you must number and sign/date each additional page.
Page 29 of 31
Employee Signature: Date
Received by (Human Resources Department):
Human Resources
Signature: Date
Was request filed within five(5) business of receipt of the disciplinary decision?
Yes
No
If the employee's administrative review request was not received by the Human Resources
Director within five(5)working days of receipt of the disciplinary decision,it is untimely and will
not be processed. In this event,please sign below,copy and return the original of the appeal to the
employee:
Human Resources Department Date
Original to Human Resources employee file
Copy to Administrator
Copy to Department Director
Copy to employee
Page 30 of 31
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Page 31 of 31