HomeMy Public PortalAbout808.20 - Human Resources - Personnel Management - Disciplinary Action
Human Resources Department Section 808.20
Policies and Procedures Manual Page 1
808.20: Disciplinary Action
Objective:
The City of Orlando desires to create a uniform and reasonable code of
conduct for employees. This policy applies to all permanent employees as
defined in 1A below and intends to establish and maintain a remedial,
impartial, and consistent employee disciplinary policy.
Authority:
This policy amended by City Council June 26, 2023, Item A-3.
Direction:
Human Resources Director, as an appointed official, serves at the pleasure
of the Mayor, and receives direction through the Chief Administrative
Officer (CAO) or designee.
Functions:
1. General
a. This policy and procedure establishes parameters to be
followed when employee disciplinary action is necessary.
Nothing in this policy, however, is intended to preclude
Department/Office Division management from adopting, with
the consent of the Labor Relations Section, other
supplementary and/or modified disciplinary policies or
performance standards where they are needed to conduct
efficient operations. Designated supervisors shall keep
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Policies and Procedures Manual Page 2
employees informed of Departmental/Office/Division rules and
regulations. Any disciplinary action effective under this policy
may be appealed by an employee as provided by Procedure
808.21 “Grievances.”
i. All employees interviewed during any
investigation/grievance, which could result in a
disciplinary action, whether as a witness or the alleged
guilty party, shall be informed of the requirement to
truthfully answer questions regarding work performance
and other work-related activities. Employees refusing to
answer these questions or intentionally providing false
statements during these investigation/grievance
interviews will be subject to the appropriate disciplinary
action based on the infraction involved.
ii. If an employee does not want to answer questions due to
the possibility of criminal charges, the Supervisor should
involve Labor Relations or the City Attorney’s Office.
Employees requesting the presence of either a
representative or a witness during a meeting that could
result in disciplinary action shall be given reasonable
opportunity to obtain such person. Any disciplinary action
involving non-probationary employees, to have official
standing, must be in writing (except oral counseling), and
the reason(s) for the action fully stated. A copy of the
action shall be given to the employee, and the employee
shall sign both the copy and the original. Should the
employee refuse to sign, the supervisor shall enter this
fact on the notice and shall have it attested to by another
person.
b. Copies of the signed, documented disciplinary action shall be
forwarded to the Human Resources and Labor Relations
Section immediately after review by the employee and
designated supervisor.
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Records pertaining to disciplinary action against an employee
shall be permanently retained in the employee’s City Personnel
File.
c. Consistency in application of disciplinary action for similar
infractions is critical. The Labor Relations Section is charged
with the responsibility of monitoring disciplinary actions taken to
ensure consistency in application. Departments, Offices, and
Divisions are encouraged to coordinate disciplinary action with
the Labor Relations Section prior to and at the time action is
taken. In all instances where suspension and dismissal action
are contemplated, the Labor Relations Section must be notified
in advance of the specific action to be taken and of the
justifications for that action. The Labor Relations Section shall
consult with the City Attorney’s Office prior to any termination.
2. Probationary Periods
a. Employees initially hired or re-employed by the City in a
permanent position, or a regular employee newly transferred,
demoted or promoted, shall be placed on a six (6) month
probationary period.
The probationary period is considered an extension of the
selection process. New probationary employees (those with
less than six (6) months of service) shall not have recourse
through grievance procedures (see 808.21, Grievances) on
matters of discipline, termination for reasons of performance or
otherwise, or layoff due to reduction in force. If a new hire’s
probationary status is extended, so too does the lack of
recourse to the grievance process.
Note: Regular employees who become probationary employees
due to a promotion/transfer retain their right of appeal in
accordance with Grievance Procedure 808.21.
b. Designated supervisors may, at their discretion, terminate a
probationary employee at any time during the probationary
period. Such termination and their reasons and circumstances
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shall be reviewed with the Labor Relations Section preferably
no less than five (5) days prior to the termination date.
Should contingencies be placed upon the employee to comply
with certain conditions agreed to by the Office Director/Division
Manager, or designee, and the employee prior to employment,
the period of probation may be extended for a period not to
exceed nine (9) months from date of employment. The
contingency shall be stated in writing, signed by both the Office
Director/Division Manager and employee, and submitted to the
Human Resources Division for inclusion in the employee’s
personnel file.
3. Definitions
For the purpose of this procedure, the following words and terms are
defined as:
a. Designated Supervisor — Department Director, Office
Directors, and Division Managers are considered designated
supervisors with full authority to administer disciplinary action
up to and including termination. Any other supervisory
employee who is granted this authority shall be so designated
by the Department Director/Division Manager.
b. Permanent Employee — All employees in the service of the
City of Orlando, in permanent positions, having completed a six
(6) month probationary period, except elected and appointed
officials, contract employees, Civil Service employees, and
except when otherwise provided by negotiated labor
agreements.
c. Probationary Employee — Persons initially employed or re-
employed by the City, assigned to a permanent position, who
have not completed a six (6) month probationary period in that
position; or a permanent employee newly transferred, demoted
or promoted within or between Offices/Divisions/Departments
who has not completed a six (6) month probation period in the
new assignment.
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d. Seasonal and Temporary Employees shall be considered as
probationary employees regardless of service tenure and may
be terminated at any time without regard to the disciplinary
procedure contained herein.
e. Working Days or Day shall mean all days on which an
employee is normally or regularly scheduled to work, other than
holidays recognized by the City.
4. Supervisory Interventions
If performance deficiencies can be corrected before disciplinary
action becomes necessary, supervisory intervention as follows may
be appropriate:
a. Individual counseling.
b. Referral to established City resources, e.g., Employee
Assistance Program, the City’s Labor Relations Section.
c. Reasonable adjustments to terms and conditions of
employment, e.g., work schedule adjustments, reassignments.
d. Additional job-related training.
5. Disciplinary Action
In applying discipline, supervisors may use the following disciplinary
actions consistent with the frequency, seriousness, and magnitude of
the employee infraction (see the attached Disciplinary Action
Reference):
a. Oral Counseling — Verbal conference with the employee for
infractions of a common, less serious nature. Documentation
other than Supervisory notes (name, date, location, nature of
incident, etc.) is not required.
b. Written Reprimand — Formal notice of infraction that is
normally issued after an employee has failed to respond to oral
counseling for the same type of infraction or for more serious
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infractions such as employee’s punctuality, productivity,
efficiency, safety, work habits, or personal behavior towards co-
employees and supervisors. It serves as notice that continued
similar behavior will result in more serious discipline including
suspension and/or dismissal.
c. Suspension Without Pay — Form of discipline taken when an
employee fails to respond in a satisfactory time and manner to
a prior written reprimand or for infractions which, taken alone,
are of sufficient seriousness to require suspension from one (1)
to ten (10) work days without pay.
Suspensions of one (1) full day or more may be made for
infractions of workplace conduct rules, pursuant to a written
policy applicable to all employees.
Supervisors may elect, with employee concurrence, to charge
available annual or personal leave in lieu of suspension without
pay. Such a charge will have the same weight as suspension
without pay for progressive discipline purposes.
d. Demotion — Movement of an employee from one position to
another with a salary level lower than the current position when
the employee does not perform satisfactorily in the current
position (see 808.5).
e. Dismissal — Form of discipline imposed to terminate
employment, generally for two types of situations:
i. When an employee’s behavior or performance fails to
respond in a satisfactory time and manner to prior
progressive disciplinary measures; or,
ii. When an employee’s behavior or performance
demonstrates a willful or unlawful refusal to comply with
City policy or Department rules and regulations, or
conduct of a similar serious nature when such conduct,
behavior, or performance impairs the efficiency of the City
service or brings it into public disrepute, or when an
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employee acts with gross negligence resulting in loss of,
damage to, or destruction of City property regardless of
the cost of the damage.
6. Dismissal Procedures
a. An employee who is to be dismissed for a disciplinary infraction
must be relieved of duty immediately. However, when
circumstances require, an employee may be relieved of duty
without pay by the designated supervisor pending further
investigation of an incident. At the time the employee is relieved
of duty, the designated supervisor will provide the employee
oral or written notice of the charges against the employee, or
the focus area to be investigated, and allow the employee an
opportunity to respond to the charges. Such investigations
should be objective and thorough and normally not exceed ten
(10) working days.
b. When possible, the Department Director and Labor Relations
Section shall be notified one (1) day prior to an employee being
relieved of duty, pending investigation or termination. An
employee may use accrued Personal Leave during the time an
investigation is being conducted. An employee relieved of duty
without pay or forced to use accrued leave who is cleared by
the investigation will receive any pay or benefits which may
have been lost or used as a result of the action. Any pay due an
employee shall be reduced by any earnings realized as a
substitute for City employment.
c. Once the designated supervisor’s investigation is completed, a
conference shall be scheduled with the employee. During the
conference, the supervisor shall review, with the employee, the
evidence which supports the suspension or dismissal action
and provide the employee an opportunity to present their side
of the events. The determination to suspend or terminate shall
be preceded by due consideration of all available evidence.
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Policies and Procedures Manual Page 8
Dismissal actions shall be from the designated supervisor in
writing and shall include the reason for termination and a notice
of right of appeal. The action can be delivered personally or by
certified mail. In the event discipline short of dismissal is
determined, appropriate notification shall be provided by the
designated supervisor as soon as possible.
7. Attendance and Punctuality
a. Absence — Actionable — An occurrence or pattern of
occurrences not otherwise defined as “b. Absence — Non-
Actionable;” abuse of leave time as determined by
Office/Division policy and implemented in accordance with
Policy and Procedures 808.20, paragraph 9, a-f.
b. Absence — Non-Actionable — Pre-approved and pre-
scheduled leave which includes earned leave, holidays, any
authorized change of schedule (e.g., bereavement leave,
judicial leave, military service leave) with reasonable notice.
c. Extraordinary Unscheduled Absence — An unscheduled
absence in excess of forty (40) hours or in excess of six (6)
occurrences within the preceding twelve (12) months, from the
most recent occurrence or incident of absence.
d. Tardiness — Not arriving on the job at the designated work
time, or not returning to work on time following designated
break time, lunch periods, etc.
e. Unscheduled Absence — An absence which was not scheduled
or arranged and approved as provided by applicable Union
Contract, City Policy, or Division/Office Procedure.
8. Being on the job on time every day is an essential requirement for
efficient City business. Occasionally, circumstances will occur beyond
the employee’s control such as severe weather, illness, accidents,
and other emergencies, which may cause tardiness or absences. The
employee is responsible for doing everything possible to minimize the
interruption which these events have on the job. The essential
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minimum requirement is that notification be provided as specified by
the employee’s supervisor, except when a valid reason supports an
employee’s inability to do so.
Attendance and punctuality problems are a major source of
disciplinary actions. Time away from work due to personal business,
unscheduled appointments, or other controllable events, may be
considered as “actionable absences” by the designated supervisor.
To the extent that these absences exceed guidelines, the designated
supervisor may discipline the employee by following appropriate
procedures.
9. Frequent or prolonged absences due to illness or injury may be
considered cause for dismissal. Compliance with punctuality
requirements will be by specific Department/Office/Division policy and
the following guidelines:
a. Recognize that no two employees have the same personal
circumstances and needs (e.g., severe weather, accidents,
unforeseen medical/surgical, or other emergency situations).
b. Focus on monthly, quarterly, and yearly leave usage, and other
actionable absence records. Compare to City average use to
establish a point of reference.
c. Review number of monthly occurrences and the duration of
each occurrence.
d. Review overall impact which actionable absences have on the
efficient operation of the Office/Division.
e. Review total amount of accrued leave time balances.
f. Place employee on notice of having exceeded the
“extraordinary” absence criteria per Section; 7, C. Employees
who exceed the extraordinary unscheduled leave use criteria
may be required to verify the cause of any additional
unscheduled absence(s) by documents acceptable to
management, for a period of no less than six (6) months from
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Policies and Procedures Manual Page 10
the most recent incident of unscheduled absence. Improper or
unacceptable documentation of extraordinary unscheduled
leave use may subject the absence to be coded as “without
pay” and charged for discipline as “actionable.” Excessive
Leave usage, even if documented, is subject to discipline.
10. An employee who, for a cumulative one hundred eighty (180) days in
a continuous twelve (12) month period, has been unable to perform
the essential functions of that position (whether on leave, restricted
duty, or otherwise), will be required to return to full duty or be
terminated. See P&P 808.15 Section 11.
11. Safety Violations – An employee involved in an accident and
determined responsible pursuant to Section 800.3 as determined by
the Damage Assessment Committee, will be subject to assessment
(points/monetary) and to disciplinary action.
“Employee” in this instance, includes any designated supervisor who
is held responsible for implementation of safety regulations invoked
by the Damage Assessment Committee.
Forms:
None.
Committee Responsibilities:
None.
Reference:
City Council minutes of January 2, 1951, Item 23; minutes of October 9,
1961, Item 35; Supervisor’s Policy Manual as amended September 4,
1962; amended January 25, 1971, Item 61; amended March 6, 1972, Item
3; amended June 23, 1975, Item 20; amended October 6, 1975, Item 35;
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amended November 29, 1976. Item 37; amended September 12, 1977,
Item 15, renumbered from 708.19 and amended January 25, 1982, Item
7(T); amended May 23, 1988, Item 14A-2; amended April 1, 1991, Item
3/43; amended June 21, 1993, Item 2-P, amended February 7, 1994, Item
4-V; amended December 19, 1994, Item S; amended May 11, 1998, Item
6-A; amended July 17, 2000, Item 3-FF; amended September 15, 2003; re-
formatted only April 2004; amended August 9, 2004, Item A4; amended
February 13, 2006, Item A5; amended September 8, 2008, Item A16;
amended April 27, 2009, Item A-9; amended February 22, 2021, Item A-5;
amended June 26, 2023, Item A-3.
Effective Date:
This policy effective June 26, 2023.
Chief Administrative Office
Human Resources Division Section 808.20
Policies and Procedures Manual Page 12
Disciplinary Actions Guideline Reference
This Reference is intended to be illustrative and directional rather than compulsory or binding on Departments/Divisions.
Discipline imposed may vary from these recommended guidelines, depending on the circumstances of the particular case.
While not comprehensive, this reference includes infractions for which supervisors most frequently discipline employees.
Violations Disciplinary Action
1st Offense 2nd Offense 3rd Offense 4th Offense
Abuse/Misuse of E-Mail,
Internet or Intranet Systems
From oral counseling to dismissal, depending upon circumstances of the offense
Actionable Absences 2 unscheduled
absences in any 30
days – Oral counseling
4 unscheduled
absences in any 90
days – Written
Reprimand
7 unscheduled
absences in any 365
days – 2-day
suspension
2 undocumented or 4
unsuitably documented
absences after
receiving a 2-day
suspension –
TERMINATION
Tardiness (Notification to
Division in Advance)
3 occurrences within 30
days – Oral counseling
5 occurrences within 60
days – Written
Reprimand
7 occurrences within 90
days – 1 to 5 days
suspension
9 occurrences within
120 days –
TERMINATION
Failure to notify Division of
tardiness or absence prior to
prescribed start time
Oral counseling Written Reprimand 1 to 5 days suspension TERMINATION
Absent for three (3)
consecutive days without
notifying your designated
supervisor
TERMINATION
Chief Administrative Office
Human Resources Division Section 808.20
Policies and Procedures Manual Page 13
Violations Disciplinary Action
1st Offense 2nd Offense 3rd Offense 4th Offense
Failure to comply with
established work practices of
the Division
Oral counseling Written Reprimand 1 to 5 days suspension TERMINATION
Improper use of City’s
equipment, supplies, or
communication system;
misuse of City facilities in
violation of state law
Written Reprimand 1 to 3 days suspension 3 to 5 days suspension TERMINATION
Discourteous, rude, or
obscene behavior towards the
public or co-workers
From written reprimand to dismissal, depending on circumstances of offense
Sleeping on the job From written reprimand to dismissal, depending on circumstances of offense.
Failure to carry out
instructions of designated
supervisor or manager
Oral counseling Written Reprimand 1 to 5 days suspension TERMINATION
Intentionally misrepresenting
or lying about work-related
activities (truthfulness)
From 3 days suspension to dismissal, depending on circumstances of offense
Abusive language or conduct
(statements, epithets, slurs,
and jokes, gestures, or other
conduct derogatory toward an
individual’s protected class
status) or threatening
behavior towards anyone
From 3 days suspension to dismissal, depending on circumstances of offense
Any violation of the Drug and
Alcohol Policy
From 3 days suspension to dismissal, depending on circumstances of offense (must include a Last
Chance Agreement if the employee is not dismissed)
Chief Administrative Office
Human Resources Division Section 808.20
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Violations Disciplinary Action
1st Offense 2nd Offense 3rd Offense 4th Offense
Reporting for or being under
the influence of alcoholic
beverages or drugs while on
duty or using City property or
in City vehicles (A positive
alcohol or drug test is,
considered as being under
the influence as is failure to
submit to a test)
1st Offense: A verified positive test, not in
conjunction with a job- related accident or injury,
will result in discipline for work rules violations,
mandatory referral for counseling and/or
treatment and entering into a written “last chance”
agreement outlining continued terms of
employment for up to twenty-four (24) months.
See Policy and Procedures 800.4 and 808.4 for
specific details
2nd Offense: A second verified positive test during
or following an employment contract will result in
immediate termination
Pressure for Sexual Favors From 5 days suspension to dismissal, depending on circumstances of offense
Any violation of the
Harassment Policy
From oral counseling to dismissal, depending on circumstances of offense
Insubordination or purposeful
failure to carry out direct
orders or instructions of the
supervisor or manager
From 5 days suspension to dismissal, depending on circumstances of offense
Possession of weapons while
on City property, except as
otherwise permitted by City
Policy & Procedure 808.29
From 3 days suspension to dismissal, depending on circumstances of offense
Falsification of City records
(including but not limited to
personnel application, and
claims against the City)
TERMINATION
Chief Administrative Office
Human Resources Division Section 808.20
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Violations Disciplinary Action
1st Offense 2nd Offense 3rd Offense 4th Offense
Causing, instigating, or
participating in fights while on
City property, or any violation
of Policy 808.29 (Workplace
Violence)
From written reprimand to dismissal, depending on circumstances of offense
Stealing City property or that
of others while on the job,
regardless of monetary value
TERMINATION
Willfully, or with gross
negligence, damaging or
destroying City property,
regardless of the cost of the
damage
TERMINATION
Engaging in activities
disruptive to the effective
operations of the City;
Engaging in any unauthorized
slow-down activities
From written reprimand to dismissal, depending on circumstances of offense
Commission of a crime or
conviction for criminal
conduct
Termination where detainment exceeds available paid leave or disrupts the Division’s efficiency or
when offense reasonably relates to job performance
Chief Administrative Office
Human Resources Division Section 808.20
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Violations Disciplinary Action
1st Offense 2nd Offense 3rd Offense 4th Offense
Neglect of duty, conduct
unbecoming a City employee,
or any act that is likely to
adversely affect the discipline,
good order, or reputation of
the City
From written reprimand to dismissal, depending on circumstances of offense
Failure to Report an Accident
to Supervisor
1-5 days suspension Up to 10 days
suspension
TERMINATION
Violation of City ethics policy
(800.5) or other written
Departmental Ethics policies
From written reprimand to dismissal, depending on circumstances of offense
Other violations of City or
Departmental policies not
otherwise noted
From written reprimand to dismissal, depending on circumstances of offense