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Unauthorized Absence
TO:
All Employees Fulton County Personnel Regulations 1800-2Art.1C provides for disciplinary action whenever an employee is on unexcused or unauthorized absence on any schedule workday or during working hours. As of June 15, 1998, I have decided to charge any unexcused or unauthorized absence to vacation leave. I will continue this practice. If vacation leave is exhausted then compensatory leave will be charged. In addition,
disciplinary action as outlined in PR 1800-2.Art.1C will be applied.
If you have questions, please see your manager or me. Attached: PR
1800-2. Art. 1C JH/ls
*PR-1800-1-Defition
of Cause (1) Authority: The Civil Service Act provides that an Appointing Authority may dismiss, suspend without pay, demote or other wise discipline a subordinate in the Classified Service “for cause” upon filling with the Personnel Board a copy of a written notice furnished to the employee setting forth in detail the reasons for action. Federal statues also provide that “an individual in the competitive service may be removed or suspended without pay only for such cause as will promote the efficiency of the service”. According to the Georgia Supreme Court, due process of law mandates that an employee who is disciplined must set forth in writing specifically and in detail. Any notice that does not comply with these requirements is void and all proceedings thereafter are a nullity. Therefore, some cause must be shown in order for action to be legally defensible. (2)
DEFINITION OF CAUSE: As used in this Personnel Regulation, the term
“cause” shall mean any justifiable, non-arbitrary grounds, good and
sufficient reason(s), occasion, motive, or inducement which is offered as the
basis for a disciplinary or adverse-action against an employee.
Such “cause” must be specifically related to a material matter and it
must adversely affect the public interest or be detrimental to the overall
efficiency of the organization. PR-1800-2-Types of
Offenses, Progressive Discipline and mandatory Disciplinary Guidelines. 1.)
Articles 1-21 below constitute official Fulton County “Disciplinary
Guidelines” for mandatory use by Appointing Authorities when needed,
appropriate or applicable. These
guidelines shall be the only ones applicable to disciplinary actions in Fulton
County. Any departmental
disciplinary rules which may be at variance thereto shall be subrogated to these
regulations. 2.)
In applying these guidelines, the concept of “progressive discipline”
should be followed. “Progressive
discipline” is defined as meaning that when disciplinary actions are
necessary, they are gradually increased and applied in terms of ascending
severity. *Amended by GA. L. 848, P.8639 (1988) Each
action is intended to correct unacceptable behavior.
With progressive discipline, employees shall be given an opportunity to
correct their behavior before a more severe discipline is applied.
The objective is to apply the least severe action which will approve the
employee’s performance to an acceptable level. 3.)
The normal order of priority in which progressive discipline shall be applied is
as follows, depending upon the seriousness of the offense; provided, however,
that certain offenses may require more severe action initially (such as
dismissal), depending upon the details and circumstances involved: (a)
Employee counseling. (b)
Written warning. (c)
Suspension without pay. (d)
Demotion. (e)
Dismissal. 4.)
Essential elements and responsibilities of progressive discipline are as
follows: (a)
Appointing Authorities and employees shall be mutually responsible that
all employees understand their assigned duties, rules, regulations, policies and
procedures which are applicable. (b)
Appointing Authorities shall be responsible for prompt and consistent
enforcement of all applicable rules, regulations, policies and procedures, as
necessary. (c)
Appointing Authorities and employees shall be mutually responsible for
understanding and following the principles of good employee relations. (d)
Appointing Authorities shall be responsible for proper documentation of
all disciplinary actions taken. ART.1
Absenteeism Tardiness. A. Chronic absenteeism,
defined as habitual, sustained, confirmed or continued unexcused absence without
adequate justification.
B. Recurring
tardiness, defined as habitual, sustained confirmed or continued unexcused
lateness to work without adequate justification.
C. Unexcused or
unauthorized absence on any scheduled workday or during working hours.
D. Abandonment of
position for five (5) or more consecutive workdays (or shift equivalent) without
reasonable excuse.
A. Failure to report
and accident or injury on the job as required by County Policy.
ART.3. Conduct and Behavior. A. Arrested and/or
charged on any felony offense (s), as defined by law: (1)
First Offenses Indefinite suspension without pay, pending disposition of
case, upon determination by Appointing Authority, following prior notice and
consultation with employee, that no circumstances exist which would warrant not
imposing such suspension, and subject to the following conditions: a.
If convicted, dismissal. No
back pay. b.
If nolo contendere, dismissal. No
back pay. c.
If acquitted or nolle prosequl, reinstatement with back pay, subject to
approval of the County Manager; provided, that any disapproval by the County
Manager shall be subject to the Personnel Board otherwise in accordance with
these regulations and the 1982 Civil Service Act. d.
If mistral, failure to indict or failure to prosecute on charges,
reinstatement with back pay, subject to approval of the County Manager;
provided, that any disapproval by the County Manager shall be subject to appeal
to the personnel Board otherwise in accordance with these regulations and the
1982 Civil Service Act. e.
Other Disposition of the case, action to be decided on merits of case by
County manager and appointing Authority, and subject to appeal to the Personnel
Board or otherwise in accordance with these regulations and the 1982 Civil
Service Act. B. Convicted in any
court of record on any non-felony charge(s) as defined by law, involving either
misdemeanor charges and/or violations of local ordinance.
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