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April 19, 2010 (Regular Meeting) <br />Page 1882 <br />consideration of type of appointment, length of service and relative <br />efficiency. No regular employee shall be separated while there are <br />emergency, intermittent, temporary, probationary, or trainee employees <br />in their first six months of the trainee progression serving in the same <br />or related class, unless the regular employee is not willing to transfer <br />to the position held by the non regular employee, or the regular <br />employee does not have the knowledge and skills required to perform the <br />work of the alternate position within a reasonable period of <br />orientation and training given any new employee. Employees laid off <br />because of a reduction in force shall be given at least 30 calendar days <br />notice, should a severance package be provided notice is not required. <br />Article VII. Separation, Disciplinary Actions, and Suspensions <br />Section 2. Disciplinary Actions <br />(a) Discipline. While it is desirable that all employees strive to achieve <br />the highest level of success in their jobs, it is the responsibility of <br />each employee to maintain at least an acceptable level of job <br />performance and conduct. <br />When employee performance and/or conduct falls below acceptable <br />standards supervisors should address deficiencies at the time they are <br />observed. <br />Disciplinary action may occur when the unacceptable performance/conduct <br />is at a level of severity or frequency to be deemed inappropriate to the <br />best interests of the County. While progressive discipline should be <br />used in most situations with the employee given warning with time to <br />correct the unacceptable behavior prior to disciplinary action, the <br />severity of an individual situation may preclude such a warning. <br />Discipline may include official reprimand, written warning, disciplinary <br />suspension without pay, reassignment, demotion, or dismissal. <br />(b) Disciplinary Procedures. The disciplinary process includes written <br />warnings, disciplinary suspension (Section 3), nondisciplinary <br />suspension for investigative purposes (Section 4), reassignment, <br />demotion, and dismissal. <br />While the disciplinary procedures outlined are to be followed whenever <br />possible, they are not to be construed as a limitation on the County's <br />right to take any form of disciplinary action, including dismissal, when <br />deemed appropriate. <br />1. First written warning. Such action shall commence from the immediate <br />supervisor, intermediate supervisor or department head and should <br />include: <br />a. That it is a part of the County disciplinary process; <br />b. A detailed list of deficiencies/issues including specific <br />examples which constitute evidence of same; <br />c. A review of the impact of the employee's failure; <br />d. Corrective action expected with time frames (if applicable); <br />e. Consequences of failure to take corrective action; <br />f. Reference to other disciplinary actions (if applicable); and <br />g. Employee's grievance rights. <br />A copy of the warning and any subsequent warnings are forwarded to the <br />Human Resources Department for inclusion in the employee's personnel <br />file. All disciplinary warnings become inactive after 18 months unless <br />extended in writing or if a following warning or disciplinary action <br />takes place during the 18 month period. Disciplinary warnings remain <br />in the employee's personnel file. <br />2. Second written warning. This action is the same as above but with a <br />statement that any additional unacceptable behavior may subject the <br />employee to disciplinary action up to and including dismissal from <br />employment with Cabarrus County. <br />3. Pre-discipline conference. If unacceptable behavior continues after <br />the two written warnings, the employee should be given written notice <br />of a pre-discipline conference. The conference should take place as <br />outlined in Section 5 of this Article. <br />4. Action resulting from the pre-discipline conference with the <br />appropriate documentation. <br />