BC 1997 06 23 - Laserfiche WebLink

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327 than four full work weeks. The supervisor or department head taking such action must furnish the employee a written statement setting forth the specific acts or omissions that are the reasons for the suspension and the employee's appeal rights; one copy shall be given to the employee, and one copy shall be placed in the employee's personnel file. Such a suspension by the department head may occur without notice in order to avoid undue disruption of work, to protect the safety of persons or property, or for other serious reasons. When a department head suspends an employee, he shall tell the employee to leave County property at once and remain away for the specified time. The department head shall notify the County Manager immediately. Additional disciplinary action(s) may be taken in such cases if deemed appropriate. Section 4. Non-Disciplinary Suspension for Investisatory Purposes Investigatory suspension may be used to provide time to investigate, establish facts and reach a decision concerning a regular employee's status in those cases where it is determined the employee should not continue to work pending a decision. Investigatory suspension may be appropriately used to provide time to schedule and hold a pre-discipline conference. Also, management may elect to use investigatory suspension in order to avoid undue disruption of work or to protect the safety of persons or property. An employee suspended for non-disciplinary or investigatory reasons shall be notified in writing of the reasons for the suspension and the appeal rights available to the employee; one copy shall be given to the employee, and one copy shall be placed in the employee's personnel file. An investigatory suspension usually should not exceed forty-five (45) calendar days. However, an agency may, in the exercise of its discretion, extend the period of investigatory suspension without pay beyond the forty-five (45) day limit. The employee must be informed in writing of the extension, the length of the extension and the specific reasons for the extension. A copy of the above communication shall be sent to the County Manager. If no action has been taken by management by the end of forty-five (45) calendar days, and no extension has been made, one of the following must occur: reinstatement of the employee with full back pay and benefits, or appropriate disciplinary action based on the results of the investigation and a pre-discipline conference. Investigatory suspension of an employee shall not be used for the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee. An investigatory suspension will be without pay (unless reinstated at the end of the investigation), but the employee can use accumulated compensatory time and/or annual leave to receive compensation during this period. Section 5. Pre-discipline Conference Before a regular employee may be subjected to any disciplinary action (official reprimand, disciplinary suspension without pay, reassignment, demotion or dismissal), other than as noted in Section 3 (when there is immediate suspension for cause related to personal conduct in order to avoid undue disruption of work, to protect the safety of persons or property or for other serious reasons) the following shall occur: (a) The supervisor recommending action should discuss the recommendation with and receive the approval of the County Manager to schedule a conference. (b) A pre-discipline conference shall be held between management representatives and the employee. No attorneys or other such representatives for either party need be present at this conference; a witness or security personnel may be present if management deems necessary. The management representative shall present the employee with written and the specific reasons for the proposed action and a brief summary of the information management believes supports the proposed action. The employee shall have a right to respond to that written notice of proposed action in the conference. (c) After the end of the conference, the management representative responsible for the final decision on the proposed action should review and reflect on the information provided in the conference, and render a decision no sooner than the next day and no later than 5 working days. If the management representative determines that a disciplinary action is justified, he/she shall present the employee with a letter notifying the employee of the action. However, the management representative may elect to defer the action, reconsider the entire issue, or initiate a disciplinary action less severe than recommended. If,