Ohio Department of Natural Resources - Disciplinary Policy

DISCIPLINARY POLICY- PROCEDURE

Effective February 1, 2008
Purpose To outline general guidelines regarding disciplinary action taken against exempt and non-exempt employees.
Authority

ORC 124.34
OAC 123:1-31-01, et seq.

OCSEA Article 24
FOP Article 19

Reference

State Personnel Board of Review
OAC 124
OCSEA Article 25
FOP Article 20
Minimum Fitness Standards Directive

Resource Department labor relations officers, Division/Office personnel coordinators

 

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

 

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) - Used in lieu of a suspension for any violated 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.

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. 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.

A. Insubordination 1st Offense 2nd Offense 3rd Offense 4th Offense
  1. Refusal to carry out a work assignment. Oral-Suspension Suspension Removal  
  2. Willful disobedience of a direct order by a superior. Suspension-Removal Removal    
  3. Failure to follow the written policies of the Director/Division/Office. Oral-Suspension Suspension –Removal Removal  
B. Dishonesty 1st Offense 2nd Offense 3rd Offense 4th Offense
  1. Dishonesty. Suspension-Removal Removal    
  2. Willfully falsifying any official document. Written-Removal Removal    
  3. Intentional misuse of federal or state funds. Suspension-Removal
Removal
   
  4. Accepting bribes in course of carrying out assigned duties. Removal      
  5. Theft. Removal      
C. Neglect of Duty 1st Offense 2nd Offense 3rd Offense 4th Offense
  1. Neglect of Duty-Minor. Oral-
Written
Suspension Suspension-Removal Removal
  2. Neglect of Duty-Major-Endangers life, property or public safety. Suspension-Removal Removal    
  3. Sleeping on duty. Written-Suspension Suspension Removal  
  4. Exercising poor judgment. Written-Suspension Suspension Suspension-Removal Removal
  5. Failure to perform the duties of the position or perform at sub-standard levels. (e.g. continue to not meet performance standards) Written-Removal Suspension-Removal Removal  
  6. Reporting to work under the influence of any intoxicant (alcohol or illegal drug), other than required for medical reasons. Suspension-Removal Removal    
  7. Failure to pass an alcohol or drug test. Removal      
  8. Commission of acts that impair or compromise the ability to carry out his/her duties as a public employee effectively, (e.g. allowing licensure to expire, be suspended or revoked; failing to obtain or renew certification licenses, etc.). Written-Removal Suspension-Removal Removal  
  9. Failure of supervisor to discipline employee(s) as provided in this policy. Oral-
Removal
Suspension-Removal Removal  
D. Failure of Good Behavior 1st Offense 2nd Offense 3rd Offense 4th Offense
  1. Failure of good behavior. Oral-Removal Suspension-Removal Removal  
  2. Engage in disruptive or abusive acts/language toward an employee or member of the general public. Oral-Suspension Suspension-Removal Removal  
  3. Intentional acts of discrimination or insult on the basis of race, color, sex (including sexual harassment) age, religion, national origin, sexual orientation or disability. Oral-Suspension Suspension-Removal Removal  
  4. Misuse of and/or carelessness with state property and equipment. (e.g. phones, fax machines, keys, internet service, installation of software) Oral-Removal Suspension-Removal Suspension-Removal Removal
  5. Unauthorized use of a state vehicle. Written-Suspension Suspension-Removal Removal  
  6. Misuse of state vehicle including violation of traffic code. Oral-Suspension Suspension-Removal Suspension-Removal Removal
  7. Immoral or indecent conduct. Written-Removal Suspension-Removal Removal  
  8. Engaging in political activities as prohibited by Ohio Revised code 124.57. Suspension-Removal Removal    
  9. Strike or threaten physical harm to another employee or the public or commit any act that constitutes workplace violence. Suspension-Removal Removal    
  10. Leave work area without permission of supervisor. Oral-Written Written-Suspension Suspension Removal
  11. Deliberate destruction, damage and/or theft of state property, property of visitors to department facilities or property of another employee during working hours. Minor Suspension-Removal Removal    
  Major Removal      
  12. Participation in a work stoppage, strike, sit out, or any other activity that would interfere with the operation of a department facility, installation or program. Suspension-Removal Removal    
  13. Participation in an illegal strike (non-exempt employees only) Removal      
  14. Any felony conviction. Suspension-Removal      
  15. Violation of Ohio Revised Code Section 124.34. Discipline shall be commensurate with the offense.
  16. Post or display offensive, abusive or obscene material. Oral-Suspension Suspension-Removal Removal  
  17. Engage in unauthorized soliciting or collection of money or circulation of petitions while on the job or on State property. Oral-Suspension Written-Removal Suspension-Removal Removal
  18. Engage in employment (including self-employment) that may constitute a conflict of interest. Suspension- Removal Removal    
  19. Violation of Ohio Ethics Laws and related statutes ORC 102 and 2921. Suspension- Removal Removal    
  20. Intentional misuse or disclosure of confidential information or material. Written-Removal Removal    
E. Attendance 1st Offense 2nd Offense 3rd Offense 4th Offense
  1. Absence without official leave (AWOL)        
  a. Less than a day. Oral Suspension Removal  
  b. Between one day & three (3) days Suspension Suspension-Removal Removal  
  c. Four (4) days or more. Removal      
  2. Unexcused tardiness (over four (4) times in a ninety (90) day period. Oral-Written Written-Suspension Suspension Removal
  3. Misuse of approved leave. Oral-Removal Suspension-Removal Removal  
  4. Failure to return from an approved leave of absence. Suspension-Removal Removal    
  5. Leave work area or extend a break or lunch period without authorization. Oral-Written Written-Suspension Suspension Removal
  6. Fail to timely notify supervisor or designee of absence or tardiness (one-half hour after start time). Oral-Written Written-Suspension Suspension Removal

 

Commissioned Officers Only (Including plain clothes officers)

A. Law Enforcement 1st Offense 2nd Offense 3rd Offense 4th Offense
  1. Violation of Uniformed Officer’s Code of Conduct Oral-Removal Suspension-Removal Removal  
  2. Leaving firearm unattended Written-Suspension Removal    
  3. Loss of firearm through negligence—Includes loss of firearm used specifically for training purposes Suspension-Removal Removal    
  4. Failure to properly safeguard firearm while not on duty, causing injury or death to another person Suspension-Removal Removal    
  5. Possession of unauthorized weapons in addition to or in the place of authorized weapons while on duty Suspension Suspension-Removal Removal  
  6. Use of unauthorized ammunition Written-Suspension Suspension-Removal Removal  
  7. Failure to report removal of firearm from holster Oral-Suspension Suspension-Removal Removal  
  8. Removal of firearm from holster without just cause Suspension-Removal Removal    
  9. Failure to report discharge of firearm for any reason except qualifications firing practice or competition Oral-Written Suspension Removal  
  10. Discharge weapon without just cause Suspension-Removal Suspension-Removal Removal  
  11. Failure to qualify with firearm after authorized retrain/retest program Oral-Written Suspension Removal  
  12. Firearms negligence Written-Removal Suspension-Removal Removal  
  13. Failure to meet the requirements of the ODNR Minimum Fitness Standard Directive Removal