Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11I - Employee Relations › Chapter 11I-1 - DISCIPLINARY PROCEDURE AND STANDARDS FOR DISCIPLINARY ACTIONS › Section 11I-1.004 - Types of Discipline - Procedure

Current through Reg. 50, No. 138; July 16, 2024
(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.