Canine k9 flashcards
Rule 2 Definitions
2.01 APPEAL: A written request from a Sheriff's Department employee to the Commission for investigation, review, or hearing regarding a deprivation or impairment of their rights as a classified service member.
2.02 CIVIL SERVICE STAFF: Employees in the Civil Service Commission's office.
2.03 CLASSIFICATION: The title of a position in the classified service and the process of determining the proper title and pay level for each position.
2.04 CLASSIFICATION LIST: An organized list and description of position types by distinct classes, based on similar duties and responsibilities within the classified service.
2.05 CLASSIFIED EMPLOYEE: An employee holding a position in the classified service.
2.06 CLASSIFIED SERVICE: All positions in the Sheriff's Department except those specifically placed in the unclassified service by law.
2.07 COMMISSION: The Sheriff's Department Civil Service Commission.
2.08 COMMISSIONER: A member of the Sheriff's Department Civil Service Commission.
2.09 COMPENSATION: Salary, wages, fees, allowances, and all other valuable consideration earned by an employee, excluding authorized expenses incurred as part of employment.
2.10 COMPENSATION PLAN: A schedule of salaries and wages set by the County Commissioners Court for positions in the classified plan.
2.11 COMPETITIVE EXAMINATION: An examination where candidates compete, and an eligibility list is created from the results.
2.12 DEMOTION: Transfer of an employee to a lower classification or salary range, or a pay reduction without such transfer (unless part of a general salary reduction plan for that position class).
2.13 DIRECTOR: The Director of the Sheriff's Department Civil Service Commission, when used alone.
2.14 DISCIPLINARY PROBATION: A probationary period accompanying disciplinary actions taken by the Department.
2.15 DISMISSAL: Terminating an employee's services.
2.16 DISMISSED/DISCHARGED/REMOVED: Separation of an employee from their position for cause.
2.17 ELIGIBLE: Status of a person on an employment, re-employment, or promotional list for a given class.
2.18 ELIGIBILITY LIST: Lists of qualified individuals from tests for promotion or approved for interbureau transfer; includes lists and transfers list.
2.19 EMPLOYEE: A person legally occupying a position in the Sheriff's Department.
2.20 EMPLOYEE LIST: List of individuals accepted by the Harris County Sheriff's Department, meeting minimum requirements for employment, and entitled to be certified for original appointment.
2.21 EXAMINATION: All tests applied to determine the fitness of applicants for positions in the classified service.
2.22 HEARING OR PUBLIC HEARING: A Commission session to receive evidence and make decisions on submitted matters.
2.23 PERFORMANCE OF SERVICE RATING: Supervisor's evaluation of an employee's service.
2.24 POSITION: A group of current duties and responsibilities requiring the full-time employment of one person; can be occupied or vacant.
2.25 PROBATIONARY PERIOD: A trial period to prove complete fitness for a position after original appointment, transfer, promotion, or for disciplinary reasons.
2.26 PROMOTIONAL EXAMINATION: Tests to determine eligibility of applicants for promotion.
2.27 PROBATIONARY EMPLOYEE: An employee who has not completed probation after appointment in a classified position.
2.28 PROMOTIONAL LIST: List of individuals qualified for promotion to a higher position, arranged by merit.
2.29 REINSTATEMENT LIST: List of individuals who were demoted and are entitled to have their names certified to appointing authorities.
2.30 RULE: A rule or regulation officially adopted by the Sheriff's Department Civil Service Commission.
2.31 SCORE: Grade attained by a person for promotion in the Sheriff's Department.
2.32 SENIORITY: Years, months, and days gained by an employee through length of service within a given classification, organizational unit, or total service with the Harris County Sheriff's Department.
2.33 SUSPENSION: Period during which an employee is forbidden to work due to disciplinary action and may or may not be denied salary.
Rule 3 Administration
3.01 Application of Rules: These rules apply to all classified employees of the Harris County Sheriff's Department, except those specifically exempt by law:
The position of Chief Deputy.
One or more positions in the office of departmental legal counsel.
Up to twenty-five (25) additional administrative or supervisory positions, as determined by the Civil Service Commission. The sheriff cannot designate any position in the deputy classifications of captain or below as exempt.
3.02 Members and Terms of the Commission:
The Commission consists of seven members.
The Sheriff, Commissioners Court, and District Attorney each appoint two members.
The three appointing authorities jointly appoint one member.
Initial terms are staggered, with some members serving one- or two-year terms.
The Sheriff designates one commissioner as Chairperson.
Vacancies are filled by the entity that originally appointed the Commissioner, serving until the end of the replaced Commissioner's term.
3.03 Meeting of the Commission: Regular meetings are held by call of the Chairman, and special meetings as necessary.
3.04 Quorum of the Commission:
At least three commissioners must preside and vote on final decisions involving termination, demotion, or recovery of back pay.
Four Commissioners constitute a quorum for all other Commission business.
3.05 Rules of the Commission: The Commission creates rules and regulations necessary and expedient to carry out its responsibilities. Amended 01/13/03
3.06 Publishing of Rules:
Adoption or amendment of rules requires a majority vote at a regular Commission meeting.
Adopted rules or amendments must be reduced to writing and published by:
Mailing a copy to the Sheriff.
Posting in a conspicuous public place for seven (7) days in the Sheriff's Department main office building.
Mailing a copy to each substation or location where more than three classified employees are permanently assigned.
The Director of the Civil Service Commission keeps copies of the rules for free distribution to Sheriff's Department employees and makes them available for inspection by interested citizens.
Classification plans and eligibility lists may be established by the Commission but are not published as described in Rule 3.06 (b).
3.07 Powers and Duties of the Commission: The Commission adopts rules:
To ensure fair selection of candidates for employment and promotion through open competition and to make reports and recommendations to the Sheriff and his staff.
To conduct investigations and hearings and pass upon complaints regarding demotion, suspension, or dismissal of employees.
To hear and pass upon other matters brought before the Commission by the Director.
To formulate procedures and rules for semi-annual performance ratings of classified employees.
To formulate a position classification plan.
To appoint a Director of the Civil Service Commission.
To represent the public interest in improving personnel administration.
To advise the Sheriff on personnel administration problems.
To make and publish annual and special reports to the Sheriff regarding personnel administration and recommendations for improvement.
To perform other duties required by law.
3.08 Powers and Duties of Director:
To recommend to the Commission:
Rules and regulations for administering and developing the merit system.
Establishment of a classification plan.
Rules and regulations for competitive examinations.
Recommendations of other rules for efficient administration of the Commission.
To prepare and recommend a personnel evaluation rating plan.
To certify names of eligible individuals to the appointing authority for filling vacancies.
To act as the administrative office of the Commission.
To serve as secretary to the Commission, keeping minutes and records to facilitate Commission actions.
To recommend all employees of the Commission and supervise their work.
To establish and maintain a roster of all Sheriff's department personnel, showing class title, salary, changes in title, pay, or status, in conjunction with the personnel officer of the Sheriff's Department.
To recommend training and education programs for employees.
To direct and control expenditures for the Commission under County financial procedures.
3.09 Minutes of the Commission: The Director, or their designee, attends all regular meetings, acts as secretary, and records official actions in the minutes. The Director prepares and maintains the minutes, subject to Commission approval. The Director authorizes access to the minutes upon statement of reason, under conditions prescribed by the Commission.
3.10 Appeals to the Commission:
An employee in the classified service who believes they have been aggrieved by the action of an appointing authority may appeal the Sheriff's disciplinary action to the Commission in writing.
Appeals are de novo (without reference to prior conclusions).
The complaint must include the complainant’s name, counsel name and contact information, date of the disciplinary action, date of the Sheriff’s appeal decision (if applicable) and a brief summary of the issue being appealed.
The Commission may grant a hearing and conduct investigations.
To perfect the right to appeal, the written complaint must be filed via email with the Director within 10 days of receiving notice of the disciplinary action or the Sheriff’s appeal decision, whichever is later.
The Director must acknowledge the appeal and transmit a copy to the Complainant, Sheriff, Chair of the Commissioner, and the person complained against within 1 business day.
3.11 Rules of Order: The Commission is not bound by rules of order, evidence, or procedures, except those it establishes itself. It is an administrative body that may use the Texas Rules of Civil Procedure and Evidence as guides but is not specifically bound by them. Amended 7/95, Amended 4/01, Amended 7/21
Rule 4 Position Classification
4.01 Classified and Unclassified Services:
The classified service includes all positions in the Harris County Sheriff's Department except those specifically exempted by law.
The unclassified service consists of the Sheriff of Harris County and any of the following positions that the Sheriff may designate:
the position of Chief Deputy.
one or more positions in the office of departmental legal counsel; and
additional positions in the department; not to exceed twenty-five (25) in number, that have been determined by the Civil Service Commission to be administrative or supervisory positions; provided, however, that the sheriff may not designate as exempt any position in the deputy classifications of captain or below. The designation of any such additional exempt position by the sheriff shall not diminish the number of positions within the deputy classifications of captain or below.
4.02 Classification Plan:
The classification plan for classes of positions in the Harris County Sheriff's Department, with amendments, constitutes the "classification plan".
The classification plan is approved by the Sheriff, Harris County Commissioners Court, and the Civil Service Commission and is on file in the office of the Civil Service Commission.
4.03 Class Specifications:
The Sheriff and his staff develop and maintain descriptions or specifications for each class in the classified service.
Class specifications describe positions, duties, authority, and responsibilities.
Class specifications are considered in relation to other classes and used as a guide for:
Assignment, direction, and control of work.
Determining eligibility of candidates.
Evaluating qualifications of applicants.
Determining the relation of classes to each other.
A class is a position or number of positions with sufficiently similar duties that:
The same descriptive title may be used.
The same level of education, experience, knowledge, ability, and other qualifications may be required.
The same schedule of compensation should apply with equity under substantially the same employment conditions.
Any requirements or special qualifications for the class, including but not limited to license, educational achievement or legal qualifications, will constitute a basis for acceptance or rejection of applications for the class and for the evaluation of the qualifications of applicants. In the event that such qualifications are not specifically stated in the class specifications, but do exist in state or county laws or ordinances, they will have the same effect as if they had been set forth in the specifications.
The class specifications in the classification plan have the following force and effect:
They are descriptive and explanatory and are not restrictive.
The use of a particular expression or illustration as to duties, qualifications, or other attributes will not be held to exclude others not mentioned, if such others are similar in kind or quality, nor limit the power of the Sheriff to modify or alter the detailed tasks involved in the duties of any positions.
When substantial change of duties is made, except for a temporary period or by the addition of duties that are incidental to the main employment, such change will be reported to the Sheriff with a view to possible reclassification of the position.
4.04 Allocation of Positions to Classes:
The Sheriff, after consulting with the Civil Service Commission, will allocate each position in the classified service to its appropriate class, placing in each class those positions which are substantially similar in difficulty, responsibility, and character of work as to require generally the same kind and amount of training and experience for proper performance and to justify approximately equal pay.
A new class will be established by the Commission upon recommendation of the Sheriff when it has been determined that the duties and responsibilities of a position or positions, assigned by competent authority are unique in terms of character, difficulty, and responsibility and do not meet the specifications for an existing class
The Civil Service Commission or the Sheriff has the right to initiate and conduct investigations of positions in the classified service and to propose change in classification when the facts are considered to warrant such action
The Civil Service Commission will submit to Commissioners Court a report with its recommendations on any proposed amendment to the classification plan
4.05 Reviews and Appeals: Any employee adversely affected by any classification action may request the Civil Service Commission to review such action. Such request for review will be made in writing within thirty (30) days of notification of such action and will specify the basis for the request. The Civil Service Commission may either amend the classification action or provide the employee with reasons for not doing so. The decision of the Civil Service Commission is final.
4.06 Effect of Classification Changes on Incumbent:
Whenever a position is reclassified from one class to a higher class, the incumbent will not continue in the position, except temporarily, unless the incumbent gains eligibility for the new class and receives an appointment thereto in accordance with these guidelines.
Whenever a position is reclassified from one class to a lower class, the incumbent may elect to retain the position in the lower class. If the incumbent declines to remain in the position in the lower class, he may move to a position in that classification under the provisions of Rule 16 relating to reduction in force.
Whenever the title of a class is changed without a change in duties or responsibilities, the incumbent will have the same status in the new class as was held in the old class.
Rule 5 Compensation Plan
5.01 Compensation Plan: It shall be the responsibility of the Sheriff of Harris County to devise a plan for compensation for classified employees which compensation plan will be consistent with and in conformity to the classification plan as provided for in Rule 4 of these rules. Such plan will set forth the salary or salary range for each class of positions.
Rule 6 Employment Criteria
6.01 Purpose: The purpose of this rule is to establish policy and procedures that standardize the hiring process for applicants who seek employment with the Harris County Sheriff’s Department. It is the goal of the Sheriff’s Department to treat every applicant in a respectful and equitable manner during the hiring process while conforming to the legal requirements of federal, state and local law and allow every applicant an equal opportunity to demonstrate his/her suitability for employment.
6.02 Application Process: The application process shall be administered in accordance with rules set forth by the Harris County Sheriff is Department and adopted by the Civil Service Commission. Amended 4/01
Rule 7 Hours in Week, Outside Employment, Overtime, Legal Holidays and Leaves of Absence
7.01 Hours in Work Week: The number of hours constituting the workweek for an employee of the Harris County Sheriff's Department is forty (40) hours.
7.02 Employment Outside of the Department:
The Civil Service Commission will not permit any member of the Harris County Sheriff's Department to contract for, or be engaged in, any work of any kind outside regular working hours for compensation, unless specifically authorized to do so by the Sheriff or his designee. The Sheriff or his designee will be required to maintain in his office a permanent record of all outside employment, which has been authorized and will be available to the Civil Service Commission upon request.
The Sheriff or his designee will maintain a current record of such approvals and will make available a report on same to the Civil Service Commission upon request.
7.03 Overtime:
Any employee filling a position allocated to any class for which a monthly salary schedule is established may be required to work in excess of the number of hours prescribed for full-time employment by order of the Sheriff or an officer in his supervisory chain of command.
The method of compensation for overtime will be in accordance with the prevailing policy established by Commissioners Court.
In order to meet emergency situations, the employee's supervisor may temporarily adjust the hours of any individual employee or group of employees to provide for different schedules of hours or for overtime services outside of regular work hours, provided that such adjustments do not result in the requiring of less than the hours per week prescribed for full-time employment and provided further that employment in excess of the hours prescribed for full-time employment be predicated entirely on the operating need of the department. The schedule of work and procedure prescribed by the Sheriff will be designed to eliminate excessive or unnecessary use of overtime.
In case of the death of an employee who, at the time of his death, has authorized overtime compensation due him under the existing rules, payment for such overtime will be made in accordance with prevailing Harris County Policy established by Commissioners Court.
7.04 Legal Holidays:
Holidays for all employees of the Harris County Sheriff's Department will be as set forth in the Harris County Personnel Regulations or as may be designated by Commissioners Court.
The Sheriff may request some or all employees of his Department to report for work on any of the legal holidays. In all such cases, the Sheriff will arrange that the employees who work on such holidays receive compensation as described in subsection 7.03 (b).
7.05 Leave of Absence:
Leaves of absence fall into the categories as set forth in the Harris County Personnel Regulations that also set forth the maximum leave periods.
Leaves of absence may be granted by the Sheriff on application of the employee concerned on forms prescribed by Harris County Commissioners Court. Leaves of absence will be subject to the needs of the Department. Any leave granted may be canceled before its expiration date, in which event proper effort will be made to notify the employee promptly of such cancellation.
The request for leave of absence, together with the reasons for the request, the period of leave desired, and a full statement as to the desire or intention of the employee to return to duty with the Harris County Sheriff's Department, will be made in writing on the forms prescribed.
Leave of absence from duty will in no case be granted to an employee who has been in the Harris County Sheriff's Department for less than one (1) year immediately preceding the date of leave, except in the case of sickness, disability, or urgent necessity, in which case the application for leave will be accompanied by such proof as the Sheriff may require.
Rule 8 Probation and Disciplinary Probation
8.01 Probationary Periods and Disciplinary Probation Period:
It is the purpose of the probationary period to test the capability and willingness to perform of the newly hired, transferred, or promoted employee and to provide a set period of time in which to train probationer in the skills and knowledge necessary to perform his assigned duties.
It is the purpose of the disciplinary probation period to accompany certain disciplinary actions taken by the Department in order to retrain and/or monitor the actions of an employee.
There will be no probationary period following:
Reduction in rank or return to former assignment following the unsuccessful completion of a probationary period without disciplinary actions.
Rehiring of employees laid off due to shortage of positions, if the employee had successfully completed probation prior to his being demoted due to a shortage of positions.
8.02 Length of Probationary Period:
A probationary period shall be not less than sixty (60) days or more than one hundred eighty (180) days. Newly hired employees will serve a probationary period of one hundred eighty (180) days.
A probationer that is reassigned in his duties by the Sheriff or supervisory personnel shall not have the probationary period interrupted.
8.03 Evaluation of Probationary Period: The probationer shall be evaluated at least twice during the probationary period by his immediate supervisor. One evaluation must be at the midpoint of the probationary period and a second evaluation must be not less than ten (10) days prior to the end of the probationary period.
8.04 Failure to Complete Probation:
Original Probation and Promotional Probation:
The Sheriff, upon showing of just cause, has the authority and the responsibility to return the probationer to his previous rank or to terminate employment if on original probation. Just cause shall be deemed sufficient on the documented showing of failure to meet the standards of performance set by the Department or documented showing of a lack of willingness to perform required duties, or a lack of dependability, or a combination of all.
Disciplinary Probation:
The Sheriff, upon showing of just cause, has the authority and the responsibility of terminating the employment or extending the probationary period not to exceed an additional one hundred eighty (180) days of the employee who fails to meet the standards required to continue employment in the Sheriff's Department.
Interbureau Transfer Probation:
Any employee transferred from one Bureau of the Sheriff's Department to another is automatically placed on probation to determine his suitability for the position to which he is transferred.
The Sheriff has the authority and responsibility upon the request of the Bureau Commander to return any employee who fails to complete probation after transfer to the employee's original position or to any position for which the employee has been shown to possess the required skills.
8.05 Notice and Appeal of Failure to Complete Probation:
The employee on probation who receives a notice of return, or if on original probation, a notice of termination, may appeal to the Sheriff within five (5) working days.
The Sheriff shall have ten (10) working days to review the appeal.
The decision of the Sheriff shall be final in cases of original and transfer probation. Appeals from decisions of the Sheriff relating to promotional and disciplinary probation will be in accordance with the provisions of Rule 12.
Rule 9 Certification and Appointment
9.01 Power to Appoint: All original appointments and reinstatements to the classified service shall be made by the Sheriff, under and in conformity with the provisions of the Civil Service law and these rules.
9.02 Certification Standards:
Original Appointment to Classified Service:
Candidates shall be ranked in accordance with the date of their approval for employment.
The Sheriff or his designated representative shall conduct pre-employment background investigations, as needed and as required by law, to determine candidate’s ability to meet and to adhere to the high standards of conduct of this Department.
Promotions within the Classified Service:
The appointing authority shall promote employees within the classified service on basis of the ranking on the Eligibility List.
9.03 Certification Proceedings:
Promotions:
The Director of the Civil Service Commission shall assemble candidates into a list, based on a composite of all required scores and past experience.
In the event of a tie in the scores of two or more candidates, the candidate who was employed first shall be given priority.
New Employees:
The appointing authority shall select new employees from the employment eligibility list as follows:
For each position available, the Sheriff shall select from the top candidates in descending order.
If any candidate shall be passed over on five occasions, the Sheriff and his staff shall submit in writing to the Commission the justification for so doing and, if justified in the judgment of the Commission, the name shall be dropped from the list.
9.04 Reinstatement After Separation from Classified Service:
Employees who were in good standing at time of resignation may seek reemployment with the Sheriff's Department. At the discretion of the Sheriff, they may be placed at the top of the eligibility list for employment if such employees seek reemployment within twenty-four (24) calendar months of resignation.
Employees separated from service due to shortage of positions shall be placed on a reinstatement list as outlined in Rule 16.
Rule 10 Records and Reports
10.01 Official Roster: Human Resources shall maintain a complete official roster of employees, showing for each employee his name, address, telephone number and Bureau assignment.
10.02 Access to Department Records:
The Civil Service Commission may have access to such personnel records for routine use that is compatible with the purpose for which such records were compiled and as necessary to carry out the Commission's duties, provided:
The individual to whom the record pertains gives prior written consent to such disclosures; or
The Commission gives advance adequate written assurance that the records will be used solely as statistical research or reporting record, and the records to be disclosed are in a form that is not individually identifiable.
The conditions set out in section (a) above are met, access to these records will be available upon receipt of a written request from the Commission stating the records needed and the reason for which they are needed. Such records will not be disclosed to the public.
10.03 Destruction of Records: Records pertaining to a complaint and the investigation of such shall be kept permanently. Records pertaining to any examination, eligibility list or lists and general miscellaneous correspondence may be destroyed after five (5) years.
10.04 Personnel Records: In this section, "employee record" means any letter, memorandum, or document maintained by the department that relates to a department employee.
An employee record relating to disciplinary action taken against an employee or to alleged misconduct by the employee that is placed in the employee's permanent personnel file shall be removed from the file if a court or an administrative body of competent jurisdiction, including the sheriff's department civil service commission, determines that:
the disciplinary action was taken without just cause; or
the charge of misconduct was not supported by sufficient evidence.
Rule 11 Prohibitions and Penalties
11.01 Political and Religious Discriminations Forbidden:
No person may be denied employment or promotion or in any way favored or discriminated against because of his political or religious opinion or affiliation or by reason of race, sex, national origin, color, disability, military or Vietnam veteran status.
No person shall use his or her official authority or influence to coerce political action of any person or body.
11.02 Political Activity: No employee shall:
Be under any obligation to contribute to any fund or render any political service, and no person shall be removed or otherwise prejudiced for refusing to do so.
Solicit contributions for nor be solicited to contribute to any political party or campaign.
Solicit nomination, election, or appointment as an elected official to a public office if such solicitation would conflict with his duties as an employee of the Harris County Sheriff’s Department.
Accept nomination, election, or appointment as an elected official to a public office if the duties imposed upon him by such public office would be violative of the Texas Constitution’s prohibition against dual office-holding or would conflict with his duties as an employee of the Harris County Sheriff’s Department.
The Sheriff or his designated representative shall determine whether the employee’s solicitation or acceptance of nomination, election, or appointment as an elected official to a public office is prohibited under this Rule. Upon making such determination, the Sheriff or his designated representative shall promptly notify the employee in writing. If the Sheriff or his designated representative determines that such solicitation or acceptance is prohibited, the employee may appeal such determination to the Civil Service Commission within five (5) calendar days of his receipt of the written determination. The Civil Service Commission may conduct a hearing to review the determination, but in any event, shall promptly notify the employee of its decision.
11.03 Fraud Prohibited: No person shall willfully or corruptly, by himself or in cooperation with any other person or persons:
Defeat, deceive, or obstruct any person in respect to his or her rights in relation to any examination or appointment in the Department.
Willfully falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified pursuant to the Civil Service law, ordinances, or rules pertaining to the classified service, or the service rating of any employee or aid in doing so, or willfully make any false representation concerning the same, or concerning any persons examined.
Furnish any person any special or secret information for the purpose of either improving or injuring the prospects or chances of such person in connection with any examination or appointment.
Impersonate any other person or permit or aid in any manner any other person to impersonate him in connection with any examination, appointment or request for examination.
Rule 12 Disciplinary Actions and Appeals
12.01 Disciplinary Action Defined: A disciplinary action is any action taken against an employee by the Department due to improper conduct by the employee that will result in termination, suspension, demotion, reduction in rank, or refusal to rehire at the end of a contractual period.
12.02 Improper Conduct Defined: Improper conduct is defined as any of the below-listed reasons and shall be grounds for disciplinary action. Just cause shall be determined to be satisfied when one or more of the below reasons have been adequately documented by incident or evaluation reports or other supporting data.
Absence without leave
Incapacity due to mental or physical disability. (A medical and/or psychological examination may be required to determine the employee's fitness for duty.
Incompetency or inefficiency
Insubordination
Intoxication
Neglect of duty
Negligence or willful damage to, or misuse of, public property or waste of supplies or equipment
Violation of any lawful or reasonable regulation or order made and given by a supervisory deputy
Fraud in securing appointment
Dishonesty
Use of or addiction to narcotics or habit-forming drugs or illegal drugs
Conviction of a misdemeanor or a felony
Physical or verbal abuse of a person in custody of the Department
Failure to meet requirements for licensure by the Texas Commission on Law Enforcement Officer Standards and Education
Failure to achieve and maintain weapons proficiency as required by State Law and Departmental Policy
Willful violation of any of the rules set forth in the Departmental Manual or any special or general order.
Violation of, or willful disregard of, any lawful regulation or order made and given by a Department Supervisor.
12.03 Employee Right of Just Cause and Notice:
No employee shall be subject to any disciplinary action except for just cause.
The cause for disciplinary action shall be in writing and shall particularly state the reason or reasons for which the Sheriff feels that disciplinary action is necessary.
Every employee receiving disciplinary action shall have presented to him a copy of just cause.
At the completion of the disciplinary action process, a copy of all reports and investigations shall become a part of the employee's personnel file.
One copy of the disciplinary action shall be placed in the employee's file maintained in Human Resources. That file shall be open to inspection, upon a written request from the employee who is the subject of the file, for sufficient reason as determined by the director of Human Resources.
12.04 Employee Right of Appeal of Disciplinary Action:
Every employee subject to disciplinary action shall be notified by letter of the disciplinary action they are subject to. The employee will be provided at least twenty (20) days’ notice of a scheduled Loudermill meeting where they may respond to the proposed action prior to its imposition. The employee will receive a notice of the meeting and the suggested action to be imposed. The employee may waive their right to a Loudermill meeting in writing, after which the Sheriff may impose the final decision of discipline.
The employee or the employee’s representative will be provided the IAD Investigation Case Summary at least ten (10) days prior to the Loudermill meeting. The employee or employee’s representative may request any contents of the Investigative File from HCSO Legal Services. For meetings involving peace officers, only a peace officer employed by the Sheriff’s Office may serve as the Sheriff’s designee. The Major over internal affairs or the employee’s bureau Major shall not serve as the Sheriff’s designee for Loudermill meeting.
The employee must appear personally unless waived by the Sheriff, or designee, and they may have counsel/union representation when the Loudermill meeting is held. The time limit for a meeting shall be 30 minutes for a non-termination and 45 minutes for a reduction in rank or a termination. Time may be extended upon agreement. The meeting shall be recorded. The Sheriff, or designee, may ask questions of the employee and of any witnesses. The Sheriff, or designee, may be advised by appropriate counsel, however, that counsel may not ask questions directly to the employee. All parties may agree to a fifteen (15) minute meeting during their designated time that is not recorded where the employee may meet privately with the Sheriff, or designee, without counsel present.
After the Loudermill meeting, the Sheriff, or designee, shall make the final decision on discipline pursuant to just cause standards and notify the employee in writing.
Upon receipt of written notice of the Sheriff's final decision, the employee has ten (10) days to file a written notice of appeal to the Civil Service Commission.
Upon written notice of an appeal, the Civil Service Commission shall, within fifteen (15) business days, set a hearing of the appeal at the earliest available date, except that continuances may be granted for good cause shown.
The Civil Service Commission has the power to subpoena witnesses and to conduct such investigations, as it deems necessary.
The Civil Service Commission shall render a final decision in writing to the employee and the Sheriff within seven (7) days after the end of the hearing.
The Civil Service Commission may:
In rendering a final decision regarding a disciplinary action by the department, the Commission may only sustain, overturn, or reduce the disciplinary action. The Commission may not enhance a disciplinary action by the department; or
Grant the relief requested by the appeal and reinstate the employee. Reinstatement may include but not limited to placement in the job assignment held by the employee at the time of the disciplinary action, no loss of benefits or with payment of all back wages and salary.
12.05 Exceptions to This Rule:
Actions that do not result in loss of monetary benefits or direct compensation shall not be subject to this procedure.
Employees may not use this rule to appeal notice of failure to complete probation, except as provided by Rule 8.