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Division/Office Discipline
Oral and Written reprimands may be issued in accordance with the Departmental Discipline Policy by managerial staff. Reprimands should be presented to employees within a reasonable period from which the infraction occurred. Employees should sign the reprimand to acknowledge receipt. If an employees refuses to sign, then a notation of such refusal shall be noted on the reprimand. After issuing the reprimand, the original document should be forward to the OAS - Labor Relations Section. If the receiving employee is non-exempt from collective bargaining, a copy shall also be forwarded to the applicable union representative. A copy of the reprimand will be placed in the employee's personnel file as well as a labor relations file.
Department Discipline
Exempt Employees - General Guidelines
Grounds for Disciplinary Action
Employees in state service may be disciplined for behavior or acts which constitute one or more of the statutory grounds set forth in Section 124.34 of the Ohio Revised Code (ORC). These grounds are: incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of the rules of the Director of Administrative Services, any failure of good behavior, any act of malfeasance, misfeasance or non-feasance, conviction of a felony, or a finding by the state Ethics Commission that the employee violated the State Ethics Law. Whenever it becomes necessary to discipline an exempt employee, it is the policy of the Department to use progressive discipline when appropriate based on just cause. Further, disciplinary action shall be initiated as soon as reasonably possible.
Supervisor Intimidation
Knowledge of an event giving rise to the imposition of discipline shall not be used to intimidate, harass, or coerce an employee.
Investigatory Interviews and Pre-Disciplinary Meetings:
At either the investigatory interview or pre-disciplinary meeting, the following opportunities are available to the parties:
- Representation - An employee may have a representative of his/her choice or a fellow exempt employee present at the interview or pre-disciplinary meeting, provided that the selected employee does not hold a classification equal to or greater than the supervisor conducting the meeting. This selected employees attendance must be authorized by his/her supervisor prior to the hearing.
- The parties shall be given the opportunity to comment, refute or rebut; however, neither party shall tape record the proceedings.
Investigatory Interview
An employee shall be entitled to representation at an investigatory interview upon request and/or if he/she has reasonable grounds to believe that the interview may be used to support disciplinary action against him/her. This interview may be held before the issuance of a verbal/written reprimand or in preparation for recommended discipline to the Labor Relations Section (i.e., suspension, fine, reduction, removal). An employee may be compelled to answer questions through the utilization of an internal investigation waiver. Failure to respond to questions in this situation could result in the employee's removal.
Investigatory interviews are appropriately held at the discretion of the supervisor who is exploring possible infraction of ORC 124.34. However, an investigatory interview is not essential to all disciplinary actions of exempt employees.
Pre-Disciplinary Meeting
An employee has the right to a meeting prior to the imposition of a suspension, fine, reduction, or removal. Prior to the meeting the employee shall be informed in writing of the reasons for the contemplated discipline and the possible form it may take. At or before the meeting, the department will provide the employee with the identity of witnesses or other evidence to be offered by management to support the possible disciplinary action. If the department becomes aware of additional evidence after the meeting and before discipline is decided upon, such will also be provided to the employee. A management representative from the office/division recommending discipline shall be present at the meeting unless inappropriate or legitimately unable to attend. The Appointing Authoritys designee shall conduct the meeting.
Imposition of Discipline
The Appointing Authority or in the absence of the Appointing Authority, the Acting Appointing Authority, shall make a final decision on the recommended disciplinary action as soon as reasonably possible, but not more than forty-five (45) days after the conclusion of the pre-disciplinary meeting. At the discretion of the department, the investigatory interview, pre-disciplinary meeting or imposition of discipline may be delayed in cases where a criminal investigation is contemplated or underway.
If a final decision is made to impose discipline, the employee shall be notified in writing. Once the employee has received written notification of the final decision to impose discipline, the disciplinary action shall not be increased.
Disciplinary measures imposed shall be reasonable and commensurate with the offense and shall not be solely for punishment.
With the approval of the Appointing Authority, an employee may be placed on administrative leave, temporarily transferred, or reassigned while an investigation is being conducted.
Appeal Rights
Reductions, suspensions/fines of more than three (3) working days, or removals are appealable to the State Personnel Board of Review. Oral and written reprimands and suspensions/fines of three (3) working days or less are appealable pursuant to the Exempt Grievance Procedure.
Prior Disciplinary Actions
All records relating to verbal and/or written reprimands will cease to have any force and effect and will be removed from an employees personnel file twelve (12) months after the date of the verbal and/or written reprimand if there has been no subsequent discipline imposed during the twelve (12) month period. Records of other disciplinary actions will be removed from an employees file under the same conditions as verbal/written reprimands after twenty-four (24) months.
These records of disciplinary actions and all documents related thereto shall be removed from the employees personnel file and maintained in a limited access file utilized only for administrative purposes such as response and defense to actions filed in any court or administrative agency by the employee or by a third party. In any case, they shall not be utilized in relation to any decision regarding disciplines.
Employee Assistance Program
In cases where disciplinary action is contemplated and the affected employee elects to participate in an Employee Assistance Program, the disciplinary action may be delayed until completion of the program. Upon successful completion of the program, the department will give serious consideration to modifying the contemplated disciplinary action, unless such consideration has been given previously.
Service of an Order
To the extent practicable, all approved disciplinary orders will be hand delivered to the employee by his/her supervisor or another agent of the requesting division/office. A witness shall be present when the delivery is made, and a Service Order (DNR1237) should be filled out by the supervisor or agent and witness. At the time of service of the order, a transmittal letter signed by the Appointing Authority or the Acting Appointing Authority, shall be given to the employee. However, disciplinary orders may be delivered by certified mail at the discretion of the Appointing Authority or the Acting Appointing Authority. The service of the order should be done with discretion.
Bargaining Unit (Non-exempt) Employees
See applicable labor agreement.
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