EMPLOYEE DISCIPLINE POLICY
APPLICABILITY
All class A employees of the City of Providence.
PURPOSE
To standardize practices and procedures relating to administering progressive
discipline in response to an employee’s failure to meet the standards, objectives or rules of the
City of Providence.
DEFINITIONS
Offenses warranting disciplinary action can be divided into two general groups:
1. Infractions calling for penalties aimed at correction but which can
lead to more severe progressive discipline if not corrected.
• Tardiness
• Unauthorized absence or early departure
• Careless workmanship
• Horseplay
• Swearing
2. Infractions calling for more serious penalties, including discharge. The
infractions include, but are not limited to:
• Stealing City property
• Striking a superior, insubordination or refusal to obey a legitimate
order or instruction.
• Consuming alcohol, non-prescription drugs or illegal substances
on the job, or arriving at work under the influence of alcohol, non-
prescription drugs or illegal substances
• Intentionally damaging City property
• Violating Employee Codes of Conduct or Ethics
• Possession of weapons on the job when such possession is
not an express job requirement.
• Safety violations
• illegal conduct on the job.
GENERAL
The degree of discipline administered in any given situation must depend on the
severity of the infraction and must be in accordance with appropriate labor contracts and, if
applicable, must be objectively evaluated before taking the appropriate disciplinary action. It
should be understood that an employee’s request for union representation should be honored at a
disciplinary meeting. Written documentation explaining the issues surrounding disciplinary
action are to be signed by the employee and the individual providing the warning. The
documentation is to be dated.
ORAL WARNING
a. Talk to the employee in private. Describe the situation and review any
previous discussions. Discuss any policies that my be related to the issue.
b. this type of discipline should be applied for infractions of a relatively
minor degree. Supervisors should at all times inform the employee that he
or she is administering an oral warning and that the employee is being
given an opportunity to correct the condition. If the condition is not
corrected, the person will be subject to more severe disciplinary measures.
c. A notation that an oral warning was given should be made for the
supervisor’s records and notice sent to the Personnel Department.
WRITTEN WARNING
a. This notice will be issued by the Director of the Department in the event
the employee continues to disregard an oral warning, or if the infraction is
severe enough to warrant a written record.
b. The Department Director of his designee will set forth the nature of the
infraction in detail and will sign the notice. He or she will discuss the
warning notice with the employee’s immediate supervisor, then with the
employee, to be certain that the employee understands the reasons for the
disciplinary action.
c. The warning notice will state the next step in this disciplinary procedure,
i.e., referral to the Personnel Department for suspension, should there be a
continuance or repetition of the infraction. All recommendations for
suspension and/or discharge must be made to the Personnel Director.
d. An original of the warning notice is to be handed to the employee at the
time of the discussion of the discipline. A copy is to be placed in the
employee’s personnel file. A copy is to be sent to the Personnel
Department and to the Union.
SUSPENSION
a. This form of discipline is administered as a result of a more serious
infraction of rules, standards, or for excessive violations after the
employee has received a written warning and has made insufficient effort
to improve performance. This is the most severe form of discipline, short
of a termination. It should be applied only after a thorough evaluation by
the supervisor, the Department Director, and approval by the Personnel
Director.
b. The Department Director shall state the reason (s) for the disciplinary
suspension, and the duration of the suspension in a disciplinary letter of
suspension to the employee. Again, the next step, i.e., discharge, should
be noted in the letter. A copy of the letter of suspension is to be placed in
the employee’s personnel file with original given to the employee. A copy
is retained by the Personnel Department and one is sent to the Union.
c. If the infraction is so severe as to necessitate immediate removal of the
employee from the work place, the Department Director or his/her
designee should commence action by placing the employee on unpaid
leave until circumstances are reviewed as specified above. Notification
must be given to the Personnel Director immediately or at the beginning of
the next workday.
d. When the employee returns from a period of disciplinary suspension, the
Department Director should make certain that the employee gets back to
the job with as little injury to the employee’s self –respect as possible.
DEMOTION
Demotion is to be used in rare instances where employees have been promoted to
a position in which they are unable to perform the responsibilities of that position
or for disciplinary reasons. It should be applied only after a thorough evaluation
by the Personnel Director and only after adequate written warning.
DISCHARGE
a. All city employees, with the exception of those so-called “at will”
employees listed in Section 905 of the Providence Home Rule Charter,
may be dismissed only for cause. Prior to a pre-termination hearing
being held, the City will ensure that the following criteria will be
considered:
1. The employer’s position with respect to the employee is
reasonable.
2. The employer investigated before suspension and scheduling of the
pre-termination hearing;
3. The investigation was fair.
4. Evidence supports the charge against the employee.
5. There was no discrimination.
6. The nature of the offense and / or the employee’s past record
warranted the discharge.
b. Prior to discharging an employee, the Department Director must discuss
his or her recommendation with the Personnel Director and the Mayor to
be certain that all the facts have been reviewed and there is cause for
discharge.
c. The Department Director shall notify the employee that a recommendation
for termination has been made. The employee shall be notified that a pre-
termination hearing has been set where the employee and his/her
representative may set forth reasons why the proposed action of
termination should not take place.
d. Deliberations are held by the Director of Personnel and the appropriate
Department Director to consider the information provided by the
employee as well as all information gathered by the Department. A
decision regarding termination is then rendered by the Director
of Personnel. The employee is notified of the decision.
10/99
