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Working at ODNR

DISCIPLINARY POLICY

Effective April 1, 2004
Purpose To outline general guidelines regarding disciplinary action taken against exempt and non-exempt employees.
Authority

ORC 124.34
OAC 123:1-31-01, et seq.
OCSEA Article 24
FOP Article 19

Reference State Personnel Board of Review
OAC 124
OCSEA Article 25
FOP Article 20
ODNR Disciplinary Procedure
Minimum Fitness Standards Directive
Resource Department labor relations officers, Division/Office personnel coordinators

In those cases where the employer must take corrective action, the disciplinary measures shall be taken for the purpose of correcting an offending employee and problem situation while maintaining discipline and morale among other employees.

The following list of offenses is a guideline. Other factors considered in applying the appropriate penalty for an infraction include but are not limited to: the severity of the offense, the employees disciplinary record, and any mitigating circumstances. Progressive discipline need not be triggered by the same/similar infraction. This list of offenses is merely illustrative and is not meant to be all inclusive. The forms of discipline listed with these offenses only provide a suggested range of appropriate action. Other forms of discipline may be utilized if deemed more appropriate.

Disciplinary action may include the following forms:

Oral Reprimand
Written Reprimand
Suspension
Working Suspension
Fine (five days or less)
Reduction
Demotion
Removal

Violation

First

Second

Third

Fourth

Neglect of Duty Minor ? other Oral
Written
Suspension Suspension
Removal
Removal
 Major ? endangers life, property, or public safety Suspension
Removal
Removal    
Participation in an illegal strike (non-exempt employees only) Removal      
Participation in a work stoppage strike, sit out, or any other activity that would interfere with the operation of a department facility, installation or program (exempt employees only) Suspension
Removal
Removal    
Insubordination Refusal to carry out a work assignment Oral
Suspension
Suspension Suspension Removal
Willful disobedience of a direct order by a supervisor Suspension
Removal(1)
Suspension
Removal
Removal  
Failure to follow the written policies of the Director, division/office Oral
Suspension
Suspension
Removal
Removal  
Using obscene, abusing or insulting language toward an employee or general public Oral
Suspension
Suspension
Removal
Removal  
Intentional acts of discrimination or insult on the basis of race, color, sex (including sexual harassment), age, religion, national origin or handicap Oral
Suspension
Suspension
Removal
Removal  
Failure of good behavior  Oral
Suspension
Suspension
Removal
Removal  
Failure of supervisor to discipline employee(s) as provided in this policy Oral
Removal
Suspension
Removal
Suspension
Removal
Removal
Misuse of and/or carelessness with state property            Oral
Suspension
Suspension
Removal
Suspension
Removal
Removal
Deliberate destruction, damage and/or theft of state property, property of visitors to department facilities or property of another employee during working hours   Minor Suspension Suspension
Removal
Removal  
Major Removal      
Theft in office Removal      
Consumption or possession of alcoholic beverages or illegal drugs while on duty and/or while operating a state motor vehicle (2) (Causing danger to life, property or public safety) Suspension
Removal
Removal    
Reportint  Reporting to work under the Influence of any intoxicant (alcohol or illegal drug), other than required for medical reasons (2) Suspension
Removal
Removal    
Sleeping  Sleeping on duty Written
Suspension
Suspension   Removal  
Immoral    Immoral or indecent conduct Written
Removal
Suspension Removal Removal  
Unexcused tardiness (over four times in a ninety day period)   Oral
Written
Written
Suspension
Suspension Removal
Leave work area without permission of supervisor Oral
Written
Written
Suspension
Suspension Removal
Absence Without Official Leave (AWOL) (3) Less than one day Oral Suspension Removal  
One day Written
Suspension
Suspension
Removal
Removal  
Two days Suspension Suspension
Removal
Removal  
Three days Suspension Suspension
Removal
Removal  
Four days or more Removal      
Misuse of approved leave Oral
Removal
Suspension
Removal
Removal  
Excessive use/abuse of leave Oral Written Suspension Removal
Failure to return from an approved leave of absence   Three days or less   Suspension Removal    
More than three days Removal      
Unauthor   Unauthorized use of a state vehicle   Oral
Written
Written
Suspension
Suspension
Removal
Removal
Misuse of state vehicle including violation of traffic code Oral
Suspension
Suspension
Removal
Suspension
Removal
Removal
Intentional misuse or removal of confidential material Written
Removal
Removal     
Willfully falsifying any official document Written
Removal
Removal    
Intentional misuse of federal or state funds                        Suspension
Removal
Removal    
Accepting bribes in course of carrying out assigned duties Removal      
Engaging in political activities as prohibited in ORC 124.57 Suspension
Removal
Removal    
Violation of Section ORC 124.34 (4)       Discipline shall be commensurate with the offense
Threat or act of physical violence Suspension
Removal
Suspension
Removal
Removal  
Dishonesty Suspension
Removal
Suspension
Removal
Removal  
Failure to pass an alcohol or drug test (5) Removal      

Commissioned Officers Only (including plain clothes officers)

Violation

First

Second

Third

Fourth

Violation of Uniformed Officer’s Code of Conduct Oral
Removal
Suspension
Removal
Removal
Leaving firearm unattended Written
Suspension
Removal
Loss of firearm through negligence Suspension
Removal
Removal
Failure to properly safeguard firearm while not on duty, causing injury or death to another person Suspension
Removal
Removal
Possession of unauthorized weapons in addition to or in place of authorized weapons while on duty (6) Suspension Suspension
Removal
Removal
Use of unauthorized ammunition Written
Suspension
Suspension
Removal
Removal
Failure to report removal of firearm from holster Oral
Suspension
Suspension
Removal
Removal
Removal of firearm from holster without just cause Suspension
Removal
Removal
Failure to report discharge of firearm for any reason except qualifications firing practice or competition Oral
Written
Suspension Removal
Discharging weapon without cause (7) Suspension
Removal
Suspension
Removal
Removal
Failure to qualify with firearm after authorized retrain/retest program Oral
Written
Suspension Removal
Firearms Negligence Written
Removal
Suspension
Removal
Removal
Failure to meet Physical Fitness Standards after authorized retrain/retest program (8) Written Suspension Suspension Removal
Footnotes
  1. This would include the failure to respond truthfully to questions after being provided with an internal investigation waiver.
  2. On the date of the occurrence, the employee may be sent/taken home and a drug/alcohol test administered.
  3. Regardless of disciplinary actions enumerated in a, b, c, and d, discipline for AWOL will follow progressively. Any combination of first, second and third occurrences may result in removal.
  4. ORC 124.34 Tenure Of Office, essentially outlines the statutory rules of employee conduct.
  5. Voluntary entrance into an alcohol or drug intervention program may mitigate the imposition of disciplinary action.
  6. Includes officers not authorized to carry weapons.
  7. Disciplinary action is based on issued findings of fact, as reported by the ODNR Firearms Board of Inquiry.
  8. Fitness standards are outlined in the Minimum Fitness Standards Directive. Individual or remedial training may be required in addition to disciplinary action.

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