Virginia Beach Department of Emergency Medical Services CASS # 106.03.01/ 106.3.01 Index # Administration CORRECTIVE ACTION/DISCIPLINARY-GRIEVANCE ACTION POLICY Volunteer Personnel PURPOSE: To provide guidelines for effectively addressing a member s unsatisfactory work performance or misconduct in an effort to promote the maximum utilization of a member s potential. APPLICABILITY: This policy shall apply to all volunteer members and career supervising officers of the Department of Emergency Medical Services. POLICY STATEMENT: It shall be the policy of the Department of Emergency Medical Services that all appointed officers are hereby granted the authority to levy corrective action/discipline upon any individual within their area of responsibility using the delegated authority of the EMS Chief in accordance with Section 2-422 of the City Code. DEFINITIONS Written Reprimand - written documentation to the member from the supervisor wherein the member is advised and cautioned in reference to his or her unsatisfactory work performance or misconduct. Administrative Leave temporary non-punitive prohibition of an member to perform his or her duties pending resolution of questions regarding work performance, misconduct or ability to perform required work tasks. Suspension - temporary prohibition of an member to perform his or her duties due to unsatisfactory work performance or misconduct. Demotion - reduction in the rank or certification of a member in conjunction with a change in job duties and responsibilities as a result of an member s unsatisfactory work performance or misconduct.
Dismissal - involuntary separation from department initiated by the employing authority based on a member's unsatisfactory work performance or misconduct. CORRECTIVE ACTION AUTHORITY The Chain of Command within the Department of Emergency Medical Services may issue the following types of corrective action: Squad Commander, Assistant Squad Commander and Captain Administrative leave pending investigation Written reprimands Suspension of a subordinate for up to 24 hours Brigade Chief Administrative leave pending investigation Written reprimands Suspension of a subordinate for up to 48 hours Division Chief Administrative leave pending investigation Written reprimands Suspension of a subordinate for up to 48 hours Deputy Chief Administrative leave pending investigation Written reprimands Suspension of a subordinate for up to 72 hours Administrative Decrease Demotions Chief Administrative leave pending investigation Written reprimands Suspension of a subordinate for up to 72 hours Demotions Dismissals Disciplinary action initiated by the Medical Director shall be treated as the same as if the EMS Chief initiated it. In all cases only the EMS Chief may terminate the member from the Service. PROGRESSIVE DISCIPLINE
All members shall be disciplined in a progressive manner. Based on varying circumstances, however, a supervisor may exercise discretion in determining the degree of discipline that should be imposed. A dismissal is generally considered appropriate only as a last resort or in the case of an extremely serious policy violation. The following list represents the forms of disciplinary action:? Written Reprimand? Suspension? Demotion? Dismissal The department does not consider verbal warnings, cautions, or oral counselings to be discipline. Further, the department recommends the use of these methods prior to discipline, when appropriate. A warning, a caution, or an oral counseling, if documented, should be maintained in a critical incident file or departmental file. UNSATISFACORY WORK PERFORMANCE OR MISCONDUCT Disciplinary action may be taken either when a member's work performance is unsatisfactory, or when the member has engaged in misconduct. Examples of unsatisfactory work performance and misconduct may include, but are not limited to, the following:? Recurring tardiness without reasonable explanation? Absence without leave? Code of Ethics violation? Substance Abuse Policy violation? Serious neglect of work, or refusal to comply with instructions of a supervisor? Insubordination? Deliberate or careless conduct endangering the safety of oneself or another member? Negligence in the care and handling of department or rescue squad property? Theft of city property, rescue squad property or of another member's property? Incompetence or inefficiency in the performance of required job duties? Use of offensive, abusive, threatening, coercive, indecent or discourteous language toward supervisors, other members, or members of the public? Intentional falsification of personnel records, patient care reports, or any other city records or reports? Provoking, instigating or participating in a fight while on duty or on city property? The carrying of any weapon during work hours or on city property unless such is required by the member's position and its use has been approved by the department
? Violation of any city or departmental policy, procedure and/or regulation. DISCIPLINARY ACTIONS A member must be advised of the charges and given an opportunity to respond to allegations prior to disciplinary action being taken. All disciplinary actions must be placed in writing and must be sent to the EMS Administration Office via the appropriate chain of command. Disciplinary actions not submitted to the department will not be considered as an official action. Written Reprimand Once a reprimand is reduced to writing, a copy shall be hand-delivered to and signed by the member, or shall be sent by certified mail to the member, and must include the following: a. a statement that a written reprimand is imposed and the reasons for the written reprimand; b. a summary of member's response, if any; c. a statement that further disciplinary action may be taken for future problems with unsatisfactory performance or misconduct; d. a statement outlining what steps management has taken to assist the member, if applicable; and e. a statement of the member's rights under the Department s Grievance Procedure or Open Door Policy. - No reprimand shall be relied upon as a basis for further disciplinary action unless it is documented in writing and a copy is forwarded to the EMS Administration Office for inclusion in the official personnel file. - After eighteen months (18), without further disciplinary action having been taken, a written reprimand shall not be considered for purposes of future disciplinary action and may be purged from the official personnel file with the written approval of the department official. Suspensions A written notice of a suspension shall be hand-delivered to and signed by the member, or shall be sent certified mail to the member, and must include the following: a. a statement of that a suspension is being imposed and the reason for the suspension; b. a summary of the member's response, if any; c. a statement that further disciplinary action may be taken for future problems
with unsatisfactory performance or misconduct; d. a statement outlining what steps management has taken to assist the member, if applicable; and e. a statement of the member's rights under the department's Grievance Procedure or Open Door Policy. - A copy of such written notice shall be forwarded to the EMS Administration Office for inclusion in the member's official personnel file. - All suspensions related to patient care issues or inappropriate patient care requires review by the Operational Medical Director. - After five (5) years, without further disciplinary action having been taken, a suspension shall not be considered for purposes of future disciplinary action and may be purged from the official personnel file based on the employing department's approval. In order to preserve the audit trail, the letter of suspension shall be placed in a confidential Member Relations file. Demotions A written notice of the demotion shall be hand-delivered to and signed by the member or shall sent by certified mail to the member, and must include the following: a. a statement that a demotion is imposed and the reasons for the demotion; b. a summary of the member's response, if any; c. a statement that further disciplinary action may be taken for future problems with unsatisfactory performance or misconduct; d. a statement outlining what steps management has taken to assist the member if applicable; and e. a statement of the member's rights under the department's Grievance Procedure or Open Door Policy. - A copy of the written notice shall be forwarded to the EMS Administration Office for inclusion in the member's official personnel file. - A disciplinary demotion can only be undertaken if the member involved can qualify for a lower-ranked position. If not, other discipline may be considered. - All demotions involving a reduction in certification or authorization to practice at given level of certification require review and concurrence of the Operational Medical Director. Dismissals
Management has the right to place an member on administrative leave pending an investigation prior to initiating an member's dismissal. Prior to dismissal, the department official authorized to terminate the member shall afford the member an opportunity to an informal meeting at which time he/she shall be informed of the reason(s) for the proposed dismissal and shall have the opportunity to answer or rebut the allegations. The member need not be allowed to have a personal representative present during this meeting. The department official shall document the meeting. If after such meeting the official concludes that the member should be dismissed, or if the member declines to attend such a meeting or to make a statement, a written summary of the meeting and the member's response, or a statement that the member was offered a meeting and declined to appear and make a statement, shall be included in the member's letter of dismissal. A written notice shall be hand-delivered to and signed by the member, or shall be sent by certified mail to the member, and must include the following: a. a statement that a dismissal has been imposed and the reasons for the dismissal; b. a summary of the member's response, if any; c. statement outlining what steps management has taken to assist the member, if applicable; and d. a statement of the member's rights under the Department s Grievance Procedure or Open Door Policy. - A copy of such written notice shall be forwarded to the EMS Administration Office for inclusion in the member's official personnel file. - All dismissals related to patient care issues or inappropriate patient care require review by the Operational Medical Director. - No individual shall be reemployed or reinstated who has been dismissed twice from the City of Virginia Beach within the previous five (5) consecutive calendar year period. GRIEVANCE ACTION DEFINITION: A "grievance" is defined as a complaint or dispute by a member relating to his or her employment, including, but not necessarily limited, to the following:? Disciplinary actions including: written reprimand, suspensions, demotion, decertification and dismissal.
? The application of personnel policies, procedures, rules and regulations, if it can be shown that a particular policy, procedure, rule or regulation was misinterpreted or applied inconsistently and that the misinterpretation or inconsistent application affected the member filing the grievance;? Discrimination on the basis of race, color, creed, religion, political affiliation, age, disability, national origin or sex; and? Acts of retaliation because the member has (i) used or participated in the grievance procedure; (ii) complied with any law of the United States or the Commonwealth, (iii) reported any violation of law to a governmental authority; (iv) sought any change in law before the Congress of the United States or the General Assembly, or (v) reported an incidence of fraud, abuse or gross mismanagement.? A member cannot address the issue through the grievance procedure unless the member is or has been personally affected by the management decision or action that forms the basis for the grievance. This means the member has to have a personal stake in the matter because the member has been adversely affected by it. GRIEVABILITY: Management retains the exclusive right to manage the affairs and operations of city government and the department. Accordingly, the follow complaints are not grievable: A. The establishment and revision of compensation, position classifications or general benefits; B. Work activity that (i) is accepted by a member as a condition of membership; (ii) is part of the job description; or (iii) may be reasonably expected to be a part of job content; C. The contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; D. Failure to promote, except where an member can show that established promotional policies or procedures were not followed or applied fairly; E. The methods, means and personnel by which work activities are to be performed; F. Termination, layoff, demotion, transfer, removal of appointed position or suspension from duty because of lack of work, reduction in work force or job abolition, except where such action affects an member who has been reinstated within the previous six (6) months as a result of the final determination of a grievance. Such action will be upheld upon a showing that (i) there was a valid business reason for the
action, and (ii) the member was notified of the reason in writing prior to the effective date of the action. G. A non-disciplinary oral counseling; H. The measurement and assessment of work activity through a performance feedback/evaluation; except where the member can show that the feedback/evaluation was arbitrary or capricious; I. The hiring, promotion, transfer, assignment and retention of members within the City; J. Denial of the Operational Medical Director for a member to provide patient care under his/her medical direction at a particular certification level. K. The relief of members from their duties in the case of an emergency; and Management s rights as outlined. If there is a question of grievability, either the grievant or management must contact the Division Chief of Administration immediately, in writing, to request a determination of grievability. The question of grievability may only be raised once the grievance has been placed in writing. Only the EMS Deputy Chief will make a decision regarding whether or not a matter is grievable within ten (10) consecutive calendar days of the receipt of the request in writing. The decision of the Deputy EMS Chief as to grievability may be appealed to the Chief of EMS by filing a notice of appeal with the Division Chief of Administration within ten (10) consecutive calendar days of receipt of the decision. Within twenty (20) consecutive calendar days of the filing of the notice of appeal, the Chief of EMS will review the appeal. The EMS Chief may affirm, reverse, or modify the decision of the city. The decision of the EMS Chief, which is final, will be issued no later than fifteen (15) calendar days from the date of the review. ELIGIBILITY TO UTILIZE GRIEVANCE PROCEDURE: All department volunteers who are classified as full members of the department as defined by department policy are eligible to use all phases of the grievance procedure. Members who are employed on a recruit or probationary basis are eligible to use the grievance procedure only up to and including step 3, and only to address a grievable issue other than dismissal. TIME LIMITS: The time limits set forth herein refer to consecutive calendar days. This means that the various consecutive calendar day periods referred to throughout this policy will include all leave days, holidays, and unauthorized absence time, as well as normal work days and weekend days for all members. GENERAL GREIVANCE PROVISIONS:
The immediate supervisor refers to the person who was responsible for providing immediate supervision to the member at the time the discipline or other action being grieved was imposed. If, at any step of the grievance procedure, a reduction in the level of discipline originally imposed is offered to, but rejected by, the grievant, the grievance will proceed to the next step of the procedure with the original level of discipline in place. Any offer to reduce the discipline or otherwise reach a resolution will not be considered at the next step of appeal. GRIEVANCE PROCEDURE: Step 1. The grievant must discuss the grievance with the immediate supervisor in person within twenty (20) consecutive calendar days from the date of its occurrence or knowledge of its occurrence. The immediate supervisor must verbally reply to the grievant within ten (10) consecutive calendar days of the date of this discussion. Step 2. If the grievance is not settled in step1, the grievant may, within ten (10) consecutive calendar days of the immediate supervisor's verbal reply, submit the grievance in writing to the same supervisor using a City of Virginia Beach Type B Grievance Reply and Remedy Form. These forms can be obtained from the Division Chief of Administration or his designee. The immediate supervisor must reply in writing to the grievant on the form within ten (10) consecutive calendar days of receipt of the written grievance. Step 3. If the grievance is not settled in step 2, the grievant may appeal the immediate supervisor's decision by forwarding the grievance form to the EMS Deputy Chief within ten (10) consecutive calendar days of the immediate supervisor's response. The Deputy Chief, or his/her designee, must meet with the grievant to discuss the grievance and the Deputy Chief, or a designee, must reply in writing to the grievant on the grievance form within ten (10) consecutive calendar days of the receipt of the written grievance. If the immediate supervisor is the EMS Chief, steps 2 and 3 are consolidated into a single step. Step 4. If the grievance is not settled in step 3, the grievant may appeal the decision to the EMS Chief. The decision of the EMS Chief will be final and binding and must be consistent with law and written policy. The Type B Grievance Statement and Remedy Form" must be sent to the Chief of EMS within ten (10) consecutive calendar days of the EMS Deputy Chief s response. Upon notification of the grievant's intent to appeal, the EMS Chief, or his/her designee, must arrange the time and place of a meeting and notify all affected parties of the time and place
within fourteen (14) consecutive calendar days. The review will be scheduled, if possible, within thirty (30) consecutive calendar days from the end of the aforementioned fourteen (14) consecutive day period. With the exception of step 3, the only persons who may normally be present in the management steps are the grievant, the appropriate management representative at the level at which the grievance is being heard, and appropriate witnesses for each side. A witness may only be present while actually providing testimony. The time frames set forth in the grievance procedure may be extended by mutual agreement of the city and the grievant. FAILURE TO MEET TIME LIMITS: If there are extenuating circumstances, the EMS Chief may alter the time limits. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the non-compliance within five (5) consecutive working days of receipt of written notification from the director of human resources of the compliance violation. The initial written notification of non-compliance by the grievant or the department must be made to the Division Chief of Administration, who will notify the other party. WAIVING STEPS IN THE GRIEVANCE PROCEDURE: The waiving of steps within the grievance procedure is prohibited. If a case of grievability is appealed to the EMS Chief for review, a determination of grievability by the Chief does not allow the waiving of the remaining steps in the grievance procedure. USE OF OPEN DOOR POLICY AND GRIEVANCE PROCEDURE FOR THE SAME ISSUE IS NOT PERMISSIBLE: A member may not use the Open Door Policy and the grievance policy on the same issue; he or she must elect which procedure to use. FREEDOM FROM REPRISAL: It is inappropriate for a member filing a grievance or participating in another member's grievance to be subject to reprisal solely for taking part in the grievance procedure.
MANAGEMENT RIGHTS: Nothing in this policy is intended to circumscribe or modify the existing rights of management to do the following: 1. Direct the work of its members; 2. Hire, promote, transfer, assign, and retain members' positions within the agency provided such action is not taken for disciplinary purposes; 3. Maintain the efficiency of governmental operations; 4. Relieve members from duties because of lack of work; 5. Take actions as may be necessary to carry out the duties of the agency in emergencies; 6. Determine the methods, means and personnel by which operations are to be performed, and 7. Establish medical control and certification guidelines This policy shall become effective upon the approval of the Chief of Emergency Medical Services. APPROVED: 5/23/2008 EMS Chief Date LEGAL REVIEW Signature on File City Attorney s Office Date