Weber County Sheriff

Weber County Personnel Policies and Procedures
Chapter 3

Table of Contents 1 2 3 4 5 5a 6 7

Appeals

Procedure Prior to Hearing.
A merit employee who is suspended, demoted, or who claims discrimination shall have the right of appeal to the Career Service Council as detailed in this chapter. Such appeals shall be filed in writing with the Council no later than five (5) working days after the decision of the Administrative Officer as outlined in Chapter 3 - Page 8. Employees who are dismissed may appeal to the Career Service Council not later than five (5) working days after notice of termination is given. The Council shall hold a formal hearing not less than five (5) nor more than fifteen (15) working days after receipt of such appeal.

1.1	The hearing will not be scheduled unless the conditions of this paragraph are addressed in the appeal statement. The appellant shall include in the appeal information, statements, or claims as may lend support to the appeal. They shall advise the Director of Human Resources of any witnesses whom they expect to introduce at the hearing in support of the appeal, and whether they intend to present the case personally or through a representative. The appellant shall be responsible for notifying such witnesses of the time and place of the hearing and for any expenses incurred. If the notice of appeal does not satisfy the requirements of this paragraph, the Director shall notify the appellant. The appellant shall comply with the Director's instructions within five (5) working days.
1.2	The Director of Human Resources shall notify the Administrative Officer when an appeal is received. The Administrative Officer shall advise the Director of Human Resources of any witnesses it expects to introduce at the hearing in support of its action. The Administrative Officer shall be responsible for notifying such witnesses of the time and place of the hearing.
1.3	In advance of the hearing, the Director of Human Resources shall: Notify the appellant and the department of the time and place the hearing is to be held, and provide them access to their personnel file, and provide a copy of the department's witness list. Furnish each member of the Council access to the appellant's personnel file, the department's reasons for its actions, a copy of the appellant's letter appealing such actions and a list of the department's witnesses. Furnish each member of the Council with a copy of these Rules and Regulations. Provide a copy of appellant's witness list to the department.

Hearing Procedure.
The following procedure is intended to be a guide for the conduct of the hearing in an orderly manner and in compliance with Chapter 3 - Page 12 (Separation) of these Regulations. The procedures of the hearing are not set in the sense that it will interfere with the purpose of the hearing, which is to bring out all the facts. The appellant may present their case personally or through a representative of their choice. The hearing shall not be bound either by legal procedures or by legal rules of evidence. A record shall be kept of the proceedings. Reference to the hearing and the Council's decision and recommendations shall be entered in the minutes of the next Council meeting.
1. The Council Chairperson shall open the hearing by naming the parties and stating the nature of the action of the department.
2. Presentation of the department's case.
  1. When requested by the Chairperson, the department representative shall read the department's letter to the employee. Upon completion of the reading, the department representative may make such other oral statements or offer such other evidence as they may consider necessary to supplement the statement.
  2. When the department representative has finished with their oral statements or has stated that they have none to make, they may introduce witnesses or material evidence in support of the department's action. PARTIES INTRODUCING DOCUMENTS OR OTHER MATERIAL EVIDENCE MUST SUBMIT SIX (6) COPIES.
  3. At the close of the department representative's oral statements and the testimony or evidence offered by department witnesses, questions may be directed to the representative and each witness by interested parties. Interested parties are as follows, and they shall raise questions in the order named and at times called upon by the Chairperson.
    1. The department representative.
    2. The appellant representative. Questions of the appellant at this point should be aimed at focusing the attention of the Council on what the representative considers to be weaknesses of the department's position or on points that the representative will make later when presenting the appellant's case. THIS IS NOT THE PROPER PLACE FOR REBUTTAL OR COUNTER ARGUMENTS.
    3. The Director of Human Resources.
    4. Each Career Service Council member.
3. Presentation of the appellant's case -- The Procedure here shall be exactly the same as that for presentation of the case of the department except that the roles of the department representative and witnesses and those of the appellant and their witnesses shall be reversed.
4. Rebuttal witnesses may be called by the department representative to address information presented by appellant. The department representative shall not be allowed to bring up new evidence which does not address appellant's arguments.
5. Before closing the case, the Council shall allow the appellant and department representative in turn to make closing statements.
Decision of the Career Service Council.
The Career Service Council shall, within fifteen (15) working days after the end of the hearing, make its decision in writing and transmit copies of such decision to the interested parties. In each case appealed to it, the decision of the Council shall be final.

Disciplinary or Corrective Action

It is the policy of Weber County that disciplinary or corrective action which result from a violation of rules, regulations, policies, and procedures be applied consistently to all employees. The aim of any disciplinary or corrective action is a modification of behavior. Procedures have been established in the Weber County Merit System Ordinance for reviewing disciplinary actions such as suspensions, demotions, reductions in pay, and dismissals. All disciplinary actions shall be accompanied by the written presentation to the employee of the reason or reasons for the disciplinary action.
If, after discussion with the employee, the supervisor decides to take disciplinary action, the usual sequence of disciplinary action shall be oral warning, written warning, suspension and termination. Deviations from procedure may be justified depending on the severity and circumstances of the action(s) to be disciplined. If, in the judgment of the supervisor, the facts show aggravated misconduct, disciplinary action may proceed directly to suspension or dismissal after the procedures in 4.0 are followed.
Behavior that includes, but is not limited to, those listed below may warrant discipline up to and including dismissal.
1. Refusal to comply with written instruction from a supervisor.
2. Conviction of a felony while an employee of Weber County.
3. Conduct endangering the safety of employees or the public.
4. Inducing, or attempting to induce, any County employee to commit an act in violation of County regulations, policies, or departmental orders.
5. Incompetency and inefficiency in the performance of job duties.
6. Carelessness, abuse, or negligence with County funds or property.
7. Stealing County or employee funds or property.
8. Falsification of personnel records, time reports, or other County records.
9. Physical attack on the public, County officers, or employees.
10. Using, threatening, or attempting to use personal or political influence in an effort to secure special favors or consideration as a County employee.
11. Using or being under the influence of intoxicants or drugs while on duty or having them in your system.
12. Unlawful carrying of a weapon while on duty.
13. Punching or completing another employee's time record.
14. Refusal to perform work assignment.
15. Violation of the Code of Conduct.
16. Employees determined to be unsatisfactory in their performance or other circumstances who have been on a six month probation during the preceding 12 months.
17. Making direct, indirect, implied, or conditional threats against another employee.
18. Using a computer for self employment, or outside employment. Entering or maintaining information on a County computer which is inimical to public service.
19. Using computer software in violation of license agreement. Copying software licensed to or developed by Weber County. Bringing software from home computers to run on Weber County computers unless authorized by the Director of Information Systems. Purchasing, moving, altering, or repairing computer equipment and wiring unless authorized by the Director of Information Systems.
20. Excessive absenteeism and/or tardiness.
21. Horseplay and related kinds of activities.
22. Violating a safety rule or practice.
23. Using offensive language toward the public, County officers, or employees.
24. Failing to report to work without notifying the supervisor or Administrative Officer, unless it is impossible to give such notice.
25. Inattentiveness to work, failing to start work at the designated time, quitting work early, or leaving the job during working hours without prior authorization from the supervisor or Administrative Officer.
26. Vending, soliciting, or collecting contributions on the County's time or premises without proper authorization.
27. Distributing written or printed literature or circulating a petition without authorization.
28. Neglect of work.
29. Failure to comply with oral instructions or warnings.
30. Carelessness in use of equipment or materials.
31. Failure to comply with established County and department policies and procedures.
32. Unauthorized use of County equipment or materials.
33. Operating a vehicle without the proper license or insurance.
34. Failing to notify supervisor of traffic violations if required.
35. Failing to notify supervisor of knowledge of direct, indirect, implied, or conditional threats against employees.
36. Smoking in unauthorized areas.
37. Failure to give notice of absence in accordance with department and County procedures, except in emergencies.
38. Removing or defacing County or employee property.
39. Failure to comply with requests and instructions from supervisor.
40. Working at another job that creates a conflict of interest or adversely affects performance.
Procedures to be Followed Before Discipline is Imposed.
Before any type of disciplinary action is taken against a merit employee, the supervisor or Administrative Officer should meet with the employee and keep a written record of these procedures. Actions such as oral or written warnings are not considered to be disciplinary actions which can be grieved. The receipt of a performance appraisal rating less than 3.0 is not considered to be a disciplinary action.
1. The employee should be given oral or written notice of the claims against him or her. The employee shall indicate if the claims are understood.
2. The supervisor will advise the employee of their opportunity to participate in a pre-determination hearing prior to the commencement of any disciplinary action resulting in suspension, demotion or dismissal. At this hearing the employee will have the right to present to the supervisor any and all information or evidence, orally or in writing, which they feel may mitigate or explain the employee's actions. A record of the employee's response may be made by the supervisor. After the employee and the supervisor have completed a discussion on the claims and the employee's explanation for such, the meeting shall be adjourned without any decision concerning discipline being made.
3. If, after reflection upon the claims against the employee and the employee's explanation for such, the supervisor decides no discipline is warranted, or to impose discipline, this decision should be communicated in writing to the employee at least three (3) working days following the discussion referred to in 4.0 B. (Any decision to suspend, demote, or dismiss an employee will first be authorized by the Director of Human Resources or his/her designee). At this time the employee should be informed of their rights under the Weber County Personnel Policies and Procedures, if applicable. The supervisor may wish to give a copy of the chapters relating to grievance and appeals found in the Weber County Personnel Policies and Procedures to the employee.
Oral Warning.
A record detailing the following information should be kept as evidence that a oral warning was given. This record should not be kept in the employee's personnel file.
1. Name of employee.
2. Date of oral warning.
3. Type of violation.
4. Date, time, and place of violation.
5. What action is required to correct the situation.
6. Employee's response to violations communicated in oral warning.
Written warning.
Written warnings should contain the following information:
1. Name of employee.
2. Notification that the letter is a written warning.
3. Date of warning.
4. Type of violation.
5. Date, time, and place of violation.
6. Number and types of previous warnings.
7. What action is required to correct the situation.
8. Probable consequences of not correcting the violation.
9. The employee's response to violations contained in warning.
10. A place for the employee to sign evidencing the receipt of the letter. The signature of the employee shall not be an admittance of or agreement with the contents of the warning or an admittance of guilt, but shall only be used to document that a warning was received.
Written Warning Distribution.
A copy of the written warning shall be given to the employee, a copy forwarded to the Human Resources Department for placement in the employee's personnel file, and a copy retained by the supervisor. Supervisors should meet with the employee to discuss the contents of the written warning.

Termination Notice.
After following the procedures outlined in paragraph 4, if, in the judgment of the supervisor, termination is warranted, the termination notice should contain the following information and must be approved by the Director of Human Resources or his/her designee before delivery.

Name of employee.
Notification that the letter is a termination notice.
Date of notice.
Type of violation.
Date, time, and place of violation.
Number and types of previous warnings.
Date of termination.
The employee's response to violations contained in notice.
A place for the employee to sign evidencing the receipt of the notice. The signature of the employee shall not be an admittance of or agreement with the contents of the notice or an admittance of guilt, but shall only be used to document that a notice was received.

8.1

A copy of the termination notice shall be given to the employee, a copy forwarded to the Human Resources Department for placement in the employee's personnel file, and a copy retained by the supervisor. Supervisors should meet with the employee to discuss the contents of the termination notice.

Copies of disciplinary action placed in personnel files are eligible for purging after three (3) years upon request of the disciplined employee. Such request must be made in writing to the Administrative Officer who will review the request. If the Administrative Officer determines that the disciplinary action can be purged from the employee's file, he/she shall submit a recommendation, along with the employee's letter, to the Director of Human Resources who shall decide whether to purge disciplinary action or leave documentation on file.

Grievances

General Grievance Provisions.
The purpose of the formal grievance procedure is to afford an employee a systematic means of obtaining further consideration of grievances after every reasonable effort, through informal discussions at the lowest possible level, has failed to resolve them.

Grievances include only those disputes relating to suspension, transfer to a lower position, demotion, dismissal, and discrimination. Grievances shall not include disputes over oral or written warnings, initial probation, performance appraisal, work schedule or other factors not associated with the above list. These matters shall be handled through a formal complaint procedure through the direct supervisor or to the Division or Department Director. Only the grievances presented from the above list shall be considered for appeal as the procedure progresses. To ensure this limitation, a copy of the original grievance shall be filed with the Director of Human Resources.
Any employee who has a grievance that cannot be resolved through informal discussions with the immediate supervisor may file a grievance under the provisions of this Chapter within five (5) working days after the occurrence of the action in question. This five (5) day limitation may be waived by the Human Resources Director if, through no fault of the employee, the employee was unaware of the action in question before the time limit expired. However, in no case shall an employee submit a grievance more than thirty (30) days after the event giving rise to the grievance.
An employee may be represented by a party of the employee's choosing at the employee's expense at any step beyond the first step in the procedure. Failure to proceed to a higher step within the time period specified will terminate the grievance. Failure by management to render a decision within the allotted time at any step constitutes denial, and the employee may then proceed to the next step.

1.1

Each Administrative Officer may communicate to employees, as a matter of general information, the procedure whereby they may carry out their right of appeal regarding grievances arising out of their employment with Weber County.

If an employee is denied an opportunity to present a grievance as prescribed by this Article or if an employee is threatened or subjected to duress when presenting a grievance, the employee may so notify the Human Resources Director in writing.
All employees, witnesses, and their representatives involved with or using these grievance procedures shall be free from retaliation.

Procedure.
If a formal grievance is filed, it shall be filed in writing and processed in the following manner:

Step 1. The employee shall present the written grievance to the immediate supervisor, with a copy sent to the Director of Human Resources, unless cause of the grievance occurs at a higher level, in which case it shall commence at that level. The grievance shall state the complaint, the relevant dates and parties involved, and the remedy or action requested. A written decision shall be given to the employee, with a copy sent to the Director, within twenty (20) working days of the date of filing. If the grievance remains unresolved or if the decision is considered unacceptable, the employee may proceed to Step 2.
Step 2. Within five (5) working days after the receipt of the decision in step 1, or after the decision is due, the employee or the employee's representative shall present the written grievance to the appropriate Administrative Officer. The Administrative Officer shall then schedule a conference with the involved party(ies) within ten (10) working days after the receipt of the grievance. The Administrative Officer shall render a written decision to the employee, with a copy sent to the Director of Human Resources, within ten (10) working days after the completion of the conference. If the grievance remains unresolved or if the decision is considered unacceptable, the employee may proceed to Step 3.
Step 3. Within five (5) working days after the receipt of the decision in step 2, or after the decision is due, the employee may present the grievance in writing to the Career Service Council. The Career Service Council shall proceed as outlined in the section governing appeals.

2.1

All parties to a hearing before the Career Service Council shall be entitled to counsel or representation of their own choosing at their own expense.

Demotion, Reassignment, and Transfer

Demotion.
The Administrative Officer, with authorization from the Director of Human Resources, may demote an employee for inefficiency or for other causes warranting disciplinary action or dismissal. If the demotion is not within the same series, the Administrative Officer shall request the Director of Human Resources to make certification that the employee meets the minimum qualifications for the new position. In all such cases, the employee shall have the same rights of appeal as employees who have been dismissed.
Reassignment.
The Administrative Officer may reassign an employee for purposes of improved administrative practices or reorganization. If the reassignment is not within the same classification, the Administrative Officer shall obtain from the Director of Human Resources a certification that the employee meets the minimum qualifications for the new position. If the reassignment is not within the same classification, the employee shall have the same rights of appeal as employees who have been dismissed.

Transfer.

3.1	A transfer is defined as a move from one County department to another and should not be confused with the managerial function of moving personnel from one assignment or section to another within the department by promotion, demotion or reassignment.
3.2	Transfers between departments must be cleared with the department's Administrative Officer before transfers may be made. The Administrative Officer receiving the employee should clear the transfer with the Director of Human Resources who would contact the Department Director losing the employee to make arrangements for the employee to be screened for qualifications before any action is taken.
3.3	The transferring employee shall meet the minimum qualifications of the position to which he/she is being transferred.
3.4	A department accepting a transferred employee shall accept all accrued sick leave and annual leave.
3.5	Department Directors may choose to inform a transferred employee of their merit right status through the "Waiver of Merit Rights and Transfer Agreement" (Chapter 7 - Page 10).

Resignation

Employees who plan to resign from Weber County should notify their supervisor or Administrative Officer as far in advance as possible so that final records can be processed and arrangements for replacement can be made.
All resignations shall be deemed accepted when received by a supervisor or Administrative Officer. After an oral or written resignation is received, all employment rights to that position are void and if the individual requests to withdraw the resignation, it shall be subject to the Administrative Officer's discretion.
Whenever possible, an employee who resigns shall present the reasons for the resignation in writing to the Administrative Officer. A copy of the resignation shall be forwarded to the Human Resources Department by the Administrative Officer.
The Administrative Officer may require the employee to take paid administrative leave until the resignation takes effect.

Separation

Resignation.
A resignation shall be effective upon submission and can not be rescinded without consent of the Administrative Officer. The resignation may include a future date of separation as agreed upon by the employee and the Administrative Officer. A copy of the resignation shall be filed promptly with the Department of Human Resources. An employee who resigns shall be asked to submit to the supervisor or Administrative Officer the reasons for resignation.

Suspension, Dismissal, Demotion, Reduction in Pay.
An employee holding a merit appointment in the County service may be demoted, reduced in pay, suspended, or dismissed for any of the following:

Violation of the County Personnel Management Act, Weber County Merit System Ordinance, Weber County Policies and Procedures or regulations or Department policies or procedures.
Neglect of duty.
Disobedience of a reasonable order by any superior.
Misfeasance, malfeasance, nonfeasance or other misconduct.
Inefficiency or inability to satisfactorily perform assigned duties.
An act inimical to public service.

2.1	No employee may be suspended for more than thirty (30) calendar days at one time nor for more than sixty (60) calendar days in one (1) calendar year.
2.2	No employee shall be removed from any employment covered under the Merit System by means of job reclassification or transfer of job function where evident job reclassification or transfer of job function is primarily for the purpose of dismissing the employee.
2.3	Demotion, reduction in pay, suspension, or dismissal shall be made only upon written order of the Administrative Officer setting forth specifically the reason for such action. These actions require the prior concurrence of the Human Resources Director. Written notice shall be given to the employee with a copy sent to the Human Resources Department.

Dismissal Process.
Except in aggravated cases of misconduct, no regular employee shall be dismissed from a tenured position without receiving written notice of the reasons for discharge and an opportunity to reply and have the reply considered by the Administrative Officer. After following these procedures, an employee may be dismissed if the Administrative Officer finds adequate cause or reason.

Reduction-In-Force.
Reduction-in-force required by inadequate funds, change of work load, reorganization, or lack of work shall be governed by retention rosters to be established by the Director of Human Resources. Under such circumstances:

The Administrative Officer shall designate the category of work to be eliminated, subject to review by the Director of Human Resources.
Temporary, seasonal, part-time, employees working fewer than 19 hours per week, and probationary workers in the affected classification(s) within the department shall be separated before any merit employees.
Retention points for each tenured employee shall be computed, allowing 50% weight for proficiency and 50% weight for seniority in County service. In fairness to employees, in cases in which performance appraisals or other proficiency measurements have not been included in the employee's file, or not available to the Human Resources Department, the Human Resources Director may waive the proficiency requirement as outlined above.
Tenured employees who are separated in reductions-in-force shall be placed on the reappointment register and may be reappointed without examination to any vacancies for which they are qualified which occur within six (6) months of the date of separation.
County service shall be determined by the length of continuous service from the hire date in a merit covered position. (Service as a Chief Deputy, Administrative Assistant, Executive Secretary, or appointed Department Director subsequent to attainment of career service tenure with no break in service will also be counted for purposes of seniority.)

4.1	An employee in an affected position may exercise retention rights within the department making the reduction-in-force, first over employees with less retention points in the same classification and then over employees with less retention points in the next lower grade. When there are no employees with less retention points in such lower grade, the individual may exercise retention rights in the next lower grade and so on within the department. Such action will not be allowed across departmental lines. For the purposes of reduction-in-force, department shall be considered to be the payroll unit or division, at the discretion of the Administrative Officer. An individual may exercise retention rights to occupy a position only when qualified for such position as certified by the Director of Human Resources. It must be demonstrated that the minimum qualifications and the job duties, as described in the most recent position classification, are sufficiently similar to permit an employee in one position to perform the duties in the other without extensive retraining and significant time on the job to develop new skills or knowledge.
4.2	Retention points shall be calculated for each employee in the category(ies) involved in the reduction by using the employee's County service. County service will be arrived at by setting the maximum number of years to be considered as 100% to be thirty (30) years and calculating a percentage between 0 and 100 for the employee's service. When an employee is exercising retention rights over another employee in the same classification, retention points shall reflect seniority with Weber County. When an employee is exercising retention rights over another employee in the same or lower grade, retention points shall reflect seniority for County service as discussed above.
4.3	Employees exercising retention rights shall have the pay level established by the Administrative Officer subject to the approval of the Director of Human Resources. Such pay shall be established based on performance, longevity or some other equitable means, not to exceed the maximum of the new grade.
4.4	When an employee reduced-in-force is reappointed: Selection of employees reduced-in-force shall be made in order of retention points, meaning the employee having the highest retention points shall be reappointed first, providing minimum qualifications are met and the employee has previously attained the level of the vacancy. An employee, subject to a reduction-in-force, who is reappointed will not be required to serve a probationary period. The employee shall enjoy the rights and privileges of a regular merit employee. An employee reduced-in-force refusing appointment to two (2) jobs shall be removed from the retention rosters. A merit employee reduced-in-force who accepts an exempt position without a break in service shall be placed on retention rosters. An employee reduced-in-force who is reappointed shall have accrued and unused sick leave balance restored. County service for reappointed employees shall include time previously considered to be County service as defined in 4.0, E.

Acting in Position.
If a merit employee is temporarily assigned to perform the functions of a position of higher grade, it is not necessary that they meet the minimum requirements of the position, so long as they do not serve longer than six (6) months before either qualifying for such a position of higher grade and is regularly promoted under the provisions of these Regulations, or the position is filled in compliance with these regulations.

Violation of Rules and Regulations

Requirements of Law.
Any person who willfully violates any provision of the County Personnel Management Act shall be guilty of a misdemeanor.

1.1

In addition to the foregoing, any person who has been adjudged guilty of willfully violating any of the provisions of the County Personnel Management Act, shall for a period of five (5) years, be ineligible for appointment to or employment in a position in County service; and, if they are an officer or employee of the County, shall forfeit their office or position.

Separability Clause.
If any provision of these Rules and Regulations should be found to be invalid, that finding will not invalidate the other provisions of these Rules and Regulations.