Fla. Admin. Code Ann. R. 11I-1.004 - Types of Discipline - Procedure

(1) Counseling. Employees should not work under a continuing threat of discipline, but instead should fully understand that, where appropriate, they will receive counseling, adequate warning, or other corrective action before discipline is imposed.

(2) Disciplinary Actions. The types of discipline and the procedures to be followed for each are:

(a) Oral Reprimand - This is the least severe form of disciplinary action. Its purpose is to get the attention of the employee relative to a particular problem and thereby make him or her a more satisfactory employee. The nature of the improper behavior, the specific work standard involved, and the precise corrective action necessary should be explained to the employee in private, if possible. It should also be pointed out that future similar behavior may result in more serious disciplinary action.

Immediately following the discussion, the supervisor shall complete a record of the discussion on a form to be provided by the department. The original must be filed in the employee's official personnel file and a copy given to the employee. An additional copy shall be sent to the appropriate Division Director.

(b) Written Reprimand - The written reprimand is considered to be more severe than the oral reprimand. Its purpose also is to help an employee who violates a work standard to recognize the deficiency and correct it.

As its name implies, this reprimand is in writing, on a form to be provided by the Department. It should be concise and to the point and should specifically state that the employee is receiving an official written reprimand. It should cite the specific disciplinary standard or rule of conduct that was violated, briefly note the specific incident prompting the discipline, indicate the corrective action expected and state that future violations may result in further disciplinary action.

The written reprimand should be given to the employee in private. The employee shall acknowledge receipt by signing the copy to be sent to the Personnel Office for inclusion in the employee's official personnel file. Refusal of the employee to acknowledge receipt shall be noted on the reprimand form; however, an employee's refusal to sign the acknowledgement shall not invalidate delivery of the written reprimand. An additional copy shall be sent to the appropriate Division Director.

(c) Reduction in Pay - Reduction in pay means reducing the base rate of pay of an employee. If the Executive Director determines to reduce the pay of any employee, the employee shall be notified in writing by the Department by certified mail with return receipt requested before the effective date of the action as required under section 110.227(5)(a), F.S.

The Executive Director shall consult with the Department's Administrator, Human Resources Management, and the Office of General Counsel prior to reducing the pay of an employee.

(d) Demotion - Demotion means moving an employee from a position in one class to a different position in another class having a lesser degree of responsibility and a lower salary range maximum. If the Executive Director determines to demote an employee, the employee shall be notified in writing by the Department by certified mail with return receipt requested before the effective date of the action as required under section 110.227(5)(a), F.S.

The Executive Director shall consult with the Department's Administrator, Human Resources Management, and the Office of the General Counsel prior to reducing the pay of an employee.

(e) Suspension - A suspension is the action taken to temporarily relieve an employee of duties and place him or her on leave without pay. Like dismissal, suspension requires proof of just cause and should be used in the case of the commission of a major offense in relation to the employee's job duties and position or as a more severe discipline following an accumulation of reprimands.

The Executive Director shall consult with the Office of the General Counsel prior to implementing a suspension notice.

The procedure to be followed for suspension is provided in section 110.227(5)(a), F.S.

(f) Dismissal - Dismissal is the action taken by an agency against an employee to separate him/her from the Career Service. Dismissal shall be administered only for just cause.

The Executive Director shall consult with the Office of the General Counsel prior to implementing a dismissal notice.

The procedure to be followed for dismissal is provided in section 110.227(5)(a), F.S., below.

Notes

Fla. Admin. Code Ann. R. 11I-1.004

Rulemaking Authority 943.03(4) FS. Law Implemented 110.227(1), (5)(a), 112.532(4) FS.

New 7-8-82, Formerly 11I-1.04, Amended 7-1-90, 11-5-02.

New 7-8-82, Formerly 11I-1.04, Amended 7-1-90, 11-5-02.