What is the Requirement of Due Process?
Due Process and Garrity Rule in Municipal Employee Discipline Procedure
Due process, within the context of corrective action, is essentially a process that involves management, HR and the employee for whom corrective action is being considered. Specifically, due process can be viewed as a process by which:
1. The performance and behavior standard have been established and communicated to the employee and documentation of that communication exists.
2. The performance or behavior discrepancy has been identified and persuasive evidence of the employee’s culpability or negligence has been obtained.
3. The employee is informed that his performance and/or behavior do not meet standards.
4. The employee is given an opportunity to present his viewpoint. Often referred to as a “what say you” meeting.
5. Corrective action is imposed that is fair and consistent with other similarly situated employees.
6. Communication of expected standards is repeated.
7. The consequences of failing to meet expected standards are communicated.
8. Appropriate action is taken if standards continue to not be met.
If the investigation may lead to criminal charges and the employee is compelled to participate in the employment investigation, the findings are not admissible against them in a criminal matter. This is the Garrity Rule. Employees MUST be given a Garrity Notice to sign prior to participating in any investigation that involves a potential criminal matter. Consultation with the City/Town attorney is important when it comes to these matters.
1. The performance and behavior standard have been established and communicated to the employee and documentation of that communication exists.
2. The performance or behavior discrepancy has been identified and persuasive evidence of the employee’s culpability or negligence has been obtained.
3. The employee is informed that his performance and/or behavior do not meet standards.
4. The employee is given an opportunity to present his viewpoint. Often referred to as a “what say you” meeting.
5. Corrective action is imposed that is fair and consistent with other similarly situated employees.
6. Communication of expected standards is repeated.
7. The consequences of failing to meet expected standards are communicated.
8. Appropriate action is taken if standards continue to not be met.
If the investigation may lead to criminal charges and the employee is compelled to participate in the employment investigation, the findings are not admissible against them in a criminal matter. This is the Garrity Rule. Employees MUST be given a Garrity Notice to sign prior to participating in any investigation that involves a potential criminal matter. Consultation with the City/Town attorney is important when it comes to these matters.