LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 605.01 Discipline
 
Policy Category:  Administrative
Distribution Level:  Directly-Operated Programs and Contracted Agencies
Responsible Party:  Chief of Nursing
 
Approved by Marvin J Southard, DSW, Director, on April 1, 2002
 
I.  PURPOSE

To assist Department of Mental Health (DMH) supervisors and managers in deciding when and how to impose discipline.

To set forth general practices and policies of the DMH that should be or are
required to be followed in consultation with Human Resources Bureau staff.

To notify all employees of consequences for employee misconduct or violations of Departmental policies.
 
II.  DEFINITIONS

A first time probationer is a permanent employee who has not completed his/her initial probationary period as a County employee or who has been reinstated in accordance with DMH Policy 601.2.

A warning, the mildest form of disciplinary action, is a formal written notice to an employee that further disciplinary action will be taken unless the misconduct stops or performance improves.

A reprimand is the next more serious form of written discipline. It is normally issued when misconduct or poor performance has continued despite counseling and/or a warning; or when on first occasion, the incident of wrongdoing or poor performance negatively impacts the office or Departmental operations.

A suspension is the temporary removal of an employee from his/her duties without pay for up to thirty (30) consecutive calendar days, except as provided in Section 4.13.3.2.

A reduction is an involuntary lowering of a permanent employee’s rank or grade, for cause at anytime, to his/her last position held on a permanent basis in the Department of Mental Health. This includes the position held by permanent employees serving a probation period following a promotion.

The date of service of notice means the date the employee was hand delivered or mailed the intent letter, final discipline letter or warning or reprimand.
 
III.  POLICY
 
County Civil Service Rule 18 provides that an employee may be disciplined, including discharge, for failure to perform his/her assigned duties so as to meet explicitly stated or implied standards of performance.

All employees will be held accountable for their actions and omissions, both intentional and negligent, and management will take appropriate disciplinary measures.

The basis for disciplinary action may include, but is not limited to, qualitative as well as quantitative elements of performance, such as:
  • failure to exercise sound judgment;
  • failure to report information accurately and completely;
  • failure to deal effectively with the public;
  • failure to make productive use of human, financial and other assigned resources;
  • any behavior or pattern of behavior which negatively affects an employee’s productivity or which is unbecoming a County employee;
  • any violation of a County, State, Federal or departmental policy, procedure or rule;
  • any behavior or condition which impairs an employee’s qualification for his or her position or for continued employment.
Disciplinary measures are to be imposed as soon as possible after the incident or problem occurred or an allegation is received, subject to the gathering and determination of relevant information, hearing the employee’s “side of the story”, and complying with any due process requirements described in Section 5 below.

Discipline for Off-the-Job Conduct. The misconduct or wrongdoing does not necessarily have to occur during working hours on County property or in the performance of job duties. In some circumstances, off-the-job conduct can affect the employee’s suitability for employment with the DMH or his/her ability to perform the job, such as with conflict of interest situations and some criminal offenses.

Fair Labor Standards Act (FLSA) Exempt Employees. Suspensions of FSLA-Exempt employees may only be imposed in full workweek increments, unless the misconduct involves an infraction of a safety rule of major significance. When the cause for the suspension is such a violation, the suspension may include part of a workweek.
 
A “safety rule of major significance” means a rule which is intended to prevent serious danger in the workplace.

“Due process” requirements exist to protect vested or property rights to employment. Depending upon the exact status of the employee, requirements may come into play either prior to, during, and/or after the imposition of a suspension, reduction or discharge action.
 
IV.  PROCEDURES
 
V.  AUTHORITY
 
Los Angeles County Civil Service Rules
Department of Mental Health Policy