Employee Guide Section 10: Disciplinary Process

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10     Disciplinary Process

The highest type of discipline is that which originates within the individual employee. Each of us has the responsibility to our fellow workers to conduct ourselves according to certain rules of good behavior and conduct. Self-discipline in the employee group is the library goal; however, for those occasional instances where self discipline and mutual cooperation do not prevail, supervisors will take corrective action.

 

10.1   Disciplinary Action

The Library is committed to ensuring fair treatment of all employees. Disciplinary action shall be applied in steps of increasing severity whenever practical in order to stimulate a change in conduct or performance. The Library adheres to fair and objective procedures and criteria for disciplinary action and is committed to progressive disciplinary action before an employee is dismissed, whenever practical. Examples of possible progressive disciplinary action prior to dismissal of an employee include a suspension without pay and/or a demotion to a position with less responsibility and/or salary. The Library distinguishes between less serious and more serious actions of misconduct and institutes disciplinary action accordingly. The primary purpose of any disciplinary action is to correct and prevent problems in a timely manner and prepare the offending employee for satisfactory service in the future. Corrective Action Meetings to address unacceptable conduct are conducted by the immediate supervisor in a timely manner. The immediate supervisor discusses the specific issues with the employee and direction is given by the immediate supervisor to the employee concerning the unacceptable conduct. The immediate supervisor also informs the employee of the potential consequences of any future unacceptable conduct. The issues discussed in the Corrective Action Meeting are documented by the immediate supervisor and the employee is required to sign the memorandum acknowledging that the meeting took place and the issues were discussed.

 

10.2   Removal of Staff

The Library Director is responsible for the orderly and efficient administration of the Library and may employ staff with the approval of the Board of Trustees as described in § 39‐3‐17 (3) of the Mississippi Code 1972, Annotated. The Director also has the authority to remove staff. Unacceptable conduct, poor performance, reorganization plans, budget restrictions and/or other reason or no reason may be considered as cause to terminate the employment of an employee. In the event a determination is made by the Director to remove an employee for cause, written notice of such decision will be given to the employee. When practical, the notice will be hand delivered to the employee, otherwise the notice will be sent certified mail to his/her address on file.

 

10.3   Notice to Employee/Opportunity for Hearing

An employee is entitled to a written notice of the termination and a summary of the factual basis for the decision. In accordance with § 39‐3‐17 (3) of the Mississippi Code of 1972, Annotated, the notice will also inform the terminated employee that he/she may request a hearing before the Administrative Library Board of Trustees to present matters relevant to the termination decision, including any reasons alleged by the employee to be the reason for the action.

 

The terminated employee has at least five working days from delivery of the termination notice to request a hearing via written notification to the Director. The Director will inform the Chairman of the Administrative Board of Trustees of the request. The Administrative Library Board of Trustees will send a notice of hearing to the terminated employee informing him/her of the date, time and location of the hearing.

 

Prior to the requested hearing, all relevant documentation concerning the termination decision will be provided to the Administrative Board of Trustees. The Director will meet with the Board in executive session to review the documentation and answer questions.

 

The requested hearing will be held at least five (5) working days after written notice of hearing date. The Library Administrative Board of Trustees will hold the requested hearing with the employee. The hearing will be fair and impartial and the terminated employee may be represented by counsel at his/her own expense. The Library Director and attorney for the Board shall also be present at the hearing. The hearing shall be informal and administrative in nature. Attorneys will not be permitted to cross examine witnesses and their participation may be limited by the Chairman, in harmony with the informal and administrative nature of the hearing.

 

The terminated employee and/or the employee’s attorney will be permitted to present matters relevant to the termination decision, including any reasons alleged by the employee to be the reason for the action. The Board shall take the matter under advisement at the end of the meeting and will notify all parties in writing of the decision within ten (10) working days. The decision of the Administrative Board of Trustees is final.

 

If the terminated employee does not request a hearing before the Administrative Library Board of Trustees, the decision of the Director is final.

Adopted 09.10.2019

Reviewed 12.13.2022

Reviewed 03.18.2025