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September 21, 2009 (Regular Meeting) <br />Page 1592 <br />the position held by the non regular employee, or the regular employee <br />does not have the knowledge and skills required to perform the work of the <br />alternate position within a reasonable period of orientation and training <br />given any new employee. Employees laid off because of a reduction in force <br />shall be given at least 30 calendar days notice. <br />(e)Voluntary Resignation Without Notice. An employee voluntarily terminates <br />employment by failing to report to work without giving written or verbal <br />notice to the employing department and is absent without approved leave <br />one scheduled workday. Separation pursuant to this policy should not <br />occur until the employing department has undertaken reasonable efforts to <br />establish that the employee was able to give or have someone else give <br />notice during the period absent. This provision also applies when the <br />employee is absent for one scheduled workday, has been instructed verbally <br />or in writing of a specific manner of reporting by management, and does <br />not report to the appropriate supervisory personnel on a regular basis <br />satisfactory to the employing department. <br />Such terminations are voluntary resignations from employment and create no <br />right of grievance or appeal pursuant to Article VIII of this Ordinance. <br />(f)Separation Due to Unavailability When Leave is Exhausted. An employee may <br />be separated on the basis of unavailability when the employee becomes or <br />remains unavailable for work after applicable leave has been exhausted and <br />leave without pay has not been granted for reasons deemed sufficient by <br />the department. Such reasons include but are not limited to, lack of <br />suitable temporary assistance, criticality of the position, budgetary <br />constraints, etc. Such a separation is an involuntary separation, not a <br />disciplinary dismissal, and may be grieved or appealed. <br />(g)Unable to Perform the Essential Functions of the Position. An employee <br />may be separated for inability to perform the essential functions of their <br />position because of physical or mental impairment. Action may be initiated <br />by the employee or the County, and supported by medical evidence certified <br />by a licensed physician. The County may require an examination at its <br />expense and performed by a physician of its choice. Before an employee is <br />separated for inability to perform the essential functions of their <br />position, a reasonable effort shall be made to accommodate the employee in <br />his or her current position or locate an alternate position within the <br />County for which the employee may be suited. <br />(h)Death. The date of death shall be recorded as the employment separation <br />date for the deceased employee. A11 compensation due in accordance with <br />this Ordinance will be paid to the estate of the deceased employee. This <br />includes earned but unpaid salary and payment for accumulated vacation <br />leave up to the designated maximum. <br />Section 2. Disciplinary Actions <br />(a)Discipline. While it is desirable that all employees strive to achieve the <br />highest level of success in their jobs, it is the responsibility of each <br />employee to maintain at least an acceptable level of job performance and <br />conduct. <br />When employee performance and/or conduct falls below acceptable standards <br />supervisors should address deficiencies at the time they are observed. <br />Disciplinary action may occur when the unacceptable performance/conduct is <br />at level of severity or frequency to be deemed inappropriate to the best <br />interest of the County. While progressive discipline should be used in <br />most situations with the employee given warning with time to correct the <br />unacceptable behavior prior to disciplinary action, the severity of an <br />individual situation may preclude such a warning. <br />Discipline may include official reprimand, disciplinary suspension without <br />pay, reassignment, demotion, or dismissal. <br />(b)Disciplinary Procedures. The discipline process includes written <br />warnings, disciplinary suspension (Section 3), nondisciplinary suspension <br />for investigative purposes (Section 4), reassignment, demotion, and <br />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 />