What is a Sample Progressive Disciplinary Policy?
Disciplinary Investigations and Actions in Montana Municipal Employment
Upon suspected violation of federal, state or local laws, (CITY/TOWN) rules and/or regulations, employee conduct/ behavior/ performance standards, or (CITY/TOWN) policies, the employee may be subject to disciplinary action. The supervisor of the employee in question shall notify the (MAYOR/CITY MANAGER) and/or their designee. The (MAYOR/CITY MANAGER) and/or their designee will task the supervisor and/or the Clerk/Personnel Director to fully investigate and document situations that may require disciplinary action. Employees may be placed on administrative leave (with or without pay) pending investigation. The employee will be
interviewed during the investigation process. Prior to the investigation review, the (MAYOR/CITY MANAGER) and/or their designee will inform the employee of the suspected violation and in general terms what the interview will be regarding. (The supervisor, (MAYOR/CITY MANAGER) and/or their designee, as well as the employee, may request an attendee to accompany them in the interview, if desired. The attendee, however, will be permitted for observation only and will not be permitted to participate in the interview.)
The supervisor, the employee being investigated, the Clerk/Personnel Director (if it is determined that they should attend) and the (MAYOR/CITY MANAGER) and /or their designee will meet and conduct the interview. The employee being interviewed may request an attendee of their choosing to e present at the interview; however, they will be permitted for observation only and will not be permitted to participate in the interview. Upon conclusion of the investigation, it will be decided whether or not discipline needs to occur. The (MAYOR/CITY
MANAGER) and /or their designee shall inform the employee of the results of the investigation. If deemed necessary, the Clerk/Personnel Director shall be present to document the hearing. During the hearing, the employee will be able to respond to the findings of the investigation.
Upon completion of the hearing, the (MAYOR/CITY MANAGER0 and/or their designee will write a letter to the employee documenting the investigation and noting the hearing process has been completed, stating the findings and declaring the appropriate form of discipline as determined by the (CITY/TOWN). If the employee doesn't agree that the discipline was warranted or if they consider the disciplinary action inappropriate, the employee may follow the grievance procedure. Appropriate discipline, as determined by the (CITY/TOWN), will be rendered in one of the following forms:
1. Oral reprimand
The (MAYOR/CITY MANAGER) and/or their designee will meet with the employee and explain the problem as well as the necessary action required to correct the problem. The (MAYOR/CITY MANAGER) and/or their designee will also outline the time period in which the employee must correct the problem and the consequences should the employee not conform or comply with the necessary action. The (MAYOR/CITY MANAGER) and/or their designee will summarize
the conversation with the employee in writing to document the disciplinary procedure as an oral reprimand. The employee and the (MAYOR/CITY MANAGER) and/or their designee will sign the summary which attests that the meeting took place, that the employee understood the problem and the corrective action required. The summary will be placed in the employee's personnel file.
3. Governing the Municipality 101
2. Written reprimand
The (MAYOR/CITY MANAGER) and/or their designee will document the problem in a letter to the employee. The (MAYOR/CITY MANAGER) and/or their designee will meet with the employee, present the letter, and explain the problem. During the meeting the (MAYOR/CITY MANAGER) and/or their designee will clarify the necessary corrective action, the time period to conform or comply with the corrective action, and the consequences should the employee not satisfactorily complete the necessary action. The letter to the employee will clarify that the employee is receiving a written reprimand as the disciplinary procedure. A copy of the letter must be signed by the employee that attests the employee participated in the meeting, understood the problem and the corrective action required, and received the written reprimand.
3. Suspension (with or without pay)
The (MAYOR/CITY MANAGER) and/or their designee will document the problem in a letter to the employee and indicate whether the employee is being suspended with or without pay. The
(MAYOR/CITY MANAGER) and/or their designee will meet with the employee, present the letter, explain the problem and inform the employee of the severity of the discipline received. During the meeting the (MAYOR/CITY MANAGER) and/or their designee will clarify the necessary corrective action, the time period to conform or comply with the corrective action, and the consequences should the employee not do the necessary action. The letter to the employee will clarify the effective dates of the suspension (with or without pay) and the date and work schedule and the date that the employee is to return to work. A copy of the letter must be signed by the employee that attests the employee participated in the meeting, understood the problem and the corrective action required, and that the form of discipline was suspension (with or without pay).
4. Demotion- loss of duty
The (MAYOR/CITY MANGER) and/or their designee will document the problem in a letter to the
employee and indicate the specific conditions of the demotion to include modified job duties and compensation, as warranted. The (MAYOR/CITY MANGER) and/or their designee will meet with the employee, present the letter, explain the problem and inform the employee of the severity of the discipline received. During the meeting, the (MAYOR/CITY MANAGER) and/or their designee will clarify the necessary corrective action, the time period to conform or comply with the corrective action and the consequences should the employee not do the necessary action. The (MAYOR/CITY MANAGER) and/or their designee will determine if the demotion is a temporary disciplinary measure or a permanent job modification. In the event the demotion is a permanent job modification, the employee's job description will be updated to reflect such. A copy of the letter must be signed by the employee that attests the employee participated in the meeting, understood the problem and the corrective action required and that the form of discipline was a temporary or permanent demotion and loss of job duties/responsibilities. If the employee's job description was updated, the employee
must sign the updated job description to reflect that the employee has had the modified duties communicated to the employee.
5. Termination
If the appropriate disciplinary action is termination, a letter to the employee will document the
problem and summarize the results of the investigation and hearing. The letter will detail the effective cause and date of discharge. The letter shall also include a copy of the Grievance Procedure Policies advising the employee of their right to use the procedures and to have the termination reviewed by the appropriate municipal authority.
interviewed during the investigation process. Prior to the investigation review, the (MAYOR/CITY MANAGER) and/or their designee will inform the employee of the suspected violation and in general terms what the interview will be regarding. (The supervisor, (MAYOR/CITY MANAGER) and/or their designee, as well as the employee, may request an attendee to accompany them in the interview, if desired. The attendee, however, will be permitted for observation only and will not be permitted to participate in the interview.)
The supervisor, the employee being investigated, the Clerk/Personnel Director (if it is determined that they should attend) and the (MAYOR/CITY MANAGER) and /or their designee will meet and conduct the interview. The employee being interviewed may request an attendee of their choosing to e present at the interview; however, they will be permitted for observation only and will not be permitted to participate in the interview. Upon conclusion of the investigation, it will be decided whether or not discipline needs to occur. The (MAYOR/CITY
MANAGER) and /or their designee shall inform the employee of the results of the investigation. If deemed necessary, the Clerk/Personnel Director shall be present to document the hearing. During the hearing, the employee will be able to respond to the findings of the investigation.
Upon completion of the hearing, the (MAYOR/CITY MANAGER0 and/or their designee will write a letter to the employee documenting the investigation and noting the hearing process has been completed, stating the findings and declaring the appropriate form of discipline as determined by the (CITY/TOWN). If the employee doesn't agree that the discipline was warranted or if they consider the disciplinary action inappropriate, the employee may follow the grievance procedure. Appropriate discipline, as determined by the (CITY/TOWN), will be rendered in one of the following forms:
1. Oral reprimand
The (MAYOR/CITY MANAGER) and/or their designee will meet with the employee and explain the problem as well as the necessary action required to correct the problem. The (MAYOR/CITY MANAGER) and/or their designee will also outline the time period in which the employee must correct the problem and the consequences should the employee not conform or comply with the necessary action. The (MAYOR/CITY MANAGER) and/or their designee will summarize
the conversation with the employee in writing to document the disciplinary procedure as an oral reprimand. The employee and the (MAYOR/CITY MANAGER) and/or their designee will sign the summary which attests that the meeting took place, that the employee understood the problem and the corrective action required. The summary will be placed in the employee's personnel file.
3. Governing the Municipality 101
2. Written reprimand
The (MAYOR/CITY MANAGER) and/or their designee will document the problem in a letter to the employee. The (MAYOR/CITY MANAGER) and/or their designee will meet with the employee, present the letter, and explain the problem. During the meeting the (MAYOR/CITY MANAGER) and/or their designee will clarify the necessary corrective action, the time period to conform or comply with the corrective action, and the consequences should the employee not satisfactorily complete the necessary action. The letter to the employee will clarify that the employee is receiving a written reprimand as the disciplinary procedure. A copy of the letter must be signed by the employee that attests the employee participated in the meeting, understood the problem and the corrective action required, and received the written reprimand.
3. Suspension (with or without pay)
The (MAYOR/CITY MANAGER) and/or their designee will document the problem in a letter to the employee and indicate whether the employee is being suspended with or without pay. The
(MAYOR/CITY MANAGER) and/or their designee will meet with the employee, present the letter, explain the problem and inform the employee of the severity of the discipline received. During the meeting the (MAYOR/CITY MANAGER) and/or their designee will clarify the necessary corrective action, the time period to conform or comply with the corrective action, and the consequences should the employee not do the necessary action. The letter to the employee will clarify the effective dates of the suspension (with or without pay) and the date and work schedule and the date that the employee is to return to work. A copy of the letter must be signed by the employee that attests the employee participated in the meeting, understood the problem and the corrective action required, and that the form of discipline was suspension (with or without pay).
4. Demotion- loss of duty
The (MAYOR/CITY MANGER) and/or their designee will document the problem in a letter to the
employee and indicate the specific conditions of the demotion to include modified job duties and compensation, as warranted. The (MAYOR/CITY MANGER) and/or their designee will meet with the employee, present the letter, explain the problem and inform the employee of the severity of the discipline received. During the meeting, the (MAYOR/CITY MANAGER) and/or their designee will clarify the necessary corrective action, the time period to conform or comply with the corrective action and the consequences should the employee not do the necessary action. The (MAYOR/CITY MANAGER) and/or their designee will determine if the demotion is a temporary disciplinary measure or a permanent job modification. In the event the demotion is a permanent job modification, the employee's job description will be updated to reflect such. A copy of the letter must be signed by the employee that attests the employee participated in the meeting, understood the problem and the corrective action required and that the form of discipline was a temporary or permanent demotion and loss of job duties/responsibilities. If the employee's job description was updated, the employee
must sign the updated job description to reflect that the employee has had the modified duties communicated to the employee.
5. Termination
If the appropriate disciplinary action is termination, a letter to the employee will document the
problem and summarize the results of the investigation and hearing. The letter will detail the effective cause and date of discharge. The letter shall also include a copy of the Grievance Procedure Policies advising the employee of their right to use the procedures and to have the termination reviewed by the appropriate municipal authority.