W. Va. Code R. § 81-10-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 81-10-11 - Progressive Discipline

11.1. Standards of Conduct: The following standards are illustrative but not all inclusive of the type of conduct expected of employees:

11.1.1. An employee shall attend work regularly and report to work in a timely fashion. Any extraordinary time off-duty should be planned in advance. Unexpected time-off shall be communicated immediately to the employee's supervisor;

11.1.2. Employees shall apply themselves to their assigned duties during the time they are being compensated, except for reasonable time provided to take care of personal needs; and

11.1.3. Employees shall meet established performance standards whether published in administrative rules, operating policy and procedure, State Police memorandum or notices, or otherwise. Conditions or circumstances, as they become known, which prevent employees from performing effectively or from completing their assigned tasks shall be reported to the employee's immediate supervisor. Likewise, unclear instructions or procedures shall be brought to the attention of the employee's supervisor.

11.2. Supervising for Better Work Performance.

11.2.1. Supervisors shall assist employees in understanding their work assignments; the standards of conduct contained in this rule; and the goals, objectives, and performance standards of their positions.

11.2.2. Supervisors shall make every effort to identify inadequate or unsatisfactory work performance or behavior on the part of employees and attempt to correct the performance or behavior immediately. Such corrective action may take the form of a verbal warning or a documented counseling session, depending on the severity of the situation.

11.3. Disciplinary Offenses.

11.3.1. Unacceptable conduct shall be divided into three types of offenses according to their severity. The offenses listed in this subsection are illustrative only and are not intended as an exclusive list of all disciplinary offenses. Accordingly, conduct which in the judgment of the Superintendent, although not listed in the following groups of offenses, seriously undermines the effectiveness of the State Police activities or the employee's performance shall be treated consistent with provisions of this rule.

11.3.2. Group I Offenses include, but are not limited to, those types of behavior listed below which are less severe in nature, but which require correction in the interest of maintaining a productive and well managed work force.

11.3.2.a. The employee has unsatisfactory attendance or excessive tardiness;

11.3.2.b. The employee abused State Police time such as use of State Police time for personal business, abuse of sick leave, or failed to notify a supervisor promptly of the completion of assigned work;

11.3.2.c. The employee used obscene or abusive language or failed to deal with the public in a courteous, kind, and respectful manner;

11.3.2.d. The employee has inadequate or unsatisfactory job performance;

11.3.2.e. The employee exhibits disruptive behavior;

11.3.2.f. The employee committed a chargeable crash as defined by State Police policy;

11.3.2.g. The employee violated the motor vehicle code, except those defined as Serious Traffic Offenses under W. Va. Code § 17C-5-1 et. seq., which shall be included as Group III offenses; and

11.3.2.h. The employee negligently cared for, damaged, destroyed or lost any equipment or State Police property for which the employee is responsible.

11.3.3. Group II Offenses include more severe acts and behavior including, but not limited to, those types of behavior listed below.

11.3.3.a. The employee failed to perform assigned work, or otherwise comply with State Police policy and procedure or administrative rules;

11.3.3.b. The employee violated safety rules where there is not a threat to life;

11.3.3.c. The employee took unauthorized time away from the work area or duty post or left the work site without permission during working hours;

11.3.3.d. The employee failed to report to work without proper notice to his or her supervisor; and

11.3.3.e. The employee refused to work overtime.

11.3.4. Group III Offenses include, but are not limited to, the following acts and behavior of such a serious nature that a first occurrence would warrant the Superintendent discharging an employee.

11.3.4.a. The employee has absences in excess of three days without notifying his or her supervisor;

11.3.4.b. The employee has the odor of an alcoholic beverage upon his or her breath, consumed alcohol, or unlawfully used or possessed controlled substances while on the job;

11.3.4.c. The employee reported to work under the influence or when his or her ability was impaired by alcohol or a controlled substance;

11.3.4.d. The employee committed insubordination or a serious breach of discipline;

11.3.4.e. The employee falsified any records such as, but not limited to, vouchers, reports, insurance claims, time records, leave records, or other official state documents, or knowingly made any false statement;

11.3.4.f. The employee willfully or negligently damaged or defaced state records, or state or employee property;

11.3.4.g. The employee stole or removed state records, state or employee property without authorization;

11.3.4.h. The employee gambled on state property;

11.3.4.i. The employee committed acts of physical violence or fighting (except official police actions);

11.3.4.j. The employee violated safety rules where there is a threat to life;

11.3.4.k. The employee slept during work hours;

11.3.4.l. The employee participated in a work slowdown, sit-down, or similar concerted interference with State Police or state operations;

11.3.4.m. The employee possessed or used firearms, dangerous weapons, or explosives without authorization;

11.3.4.n. The employee threatened or coerced employees or supervisors;

11.3.4.o. The employee received criminal convictions for acts of conduct occurring on or off the job which are plainly related to job performance or are of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the State Police's duties to the public or to other state employees;

11.3.4.p. The employee failed to take a polygraph examination or to answer fully and truthfully any question relating to any offense requiring submission to a test;

11.3.4.q. The employee failed to take physical or mental examinations as required;

11.3.4.r. The employee used public office for private gain;

11.3.4.s. The employee violated any law or engaged in criminal conduct on or off the job, except actions that are considered Group I or II offenses;

11.3.4.t. The employee engaged in dishonest or immoral conduct that undermines the effectiveness of State Police activities or employee performance, whether on or off the job;

11.3.4.u. The employee disobeyed a lawful command of a supervisor;

11.3.4.v. The employee disclosed confidential information to any person except those who may be entitled to the information or when directed by the Superintendent or a supervisor;

11.3.4.w. The employee took any action which impairs the efficiency and/or reputation of the State Police or its employees;

11.3.4.x. The employee accepted any bribe, gift, token, moneys, or other things of value intended as an inducement to perform or to refrain from performing any official act, or any action of extortion or other means of obtaining money or any thing of value through his or her position;

11.3.4.y. The employee manifested cowardice, feigned illness, or otherwise attempted to shirk official duty;

11.3.4.z. The employee was involved in any compromise between persons accused of a crime and the person or persons who may have suffered from criminal acts with the purpose of allowing the accused to escape punishment;

11.3.4.aa. The employee failed to answer fully and truthfully any questions specifically directed and related to official duties or job fitness attendant to an internal or administrative investigation;

11.3.4.bb. The employee used unnecessary force during an arrest/custody procedure;

11.3.4.cc. The employee deviated from established procedures in the disposition of summons or arrest cases;

11.3.4.dd. The employee used without authority or misused any state funds or other lawfully obtained funds as determined by policy and procedure;

11.3.4.ee. The employee stole or misappropriated evidence, or property stored in a State Police evidence room, or property to be destroyed pursuant to a valid court order;

11.3.4.ff. The employee libeled or slandered another employee, either on or off-duty;

11.3.4.gg. The employee committed conduct unbecoming; misconduct of a substantial nature affecting the rights and interests of the public, or that casts aspersions or doubt upon a law enforcement officer's honesty and/or integrity and that directly affects the rights and interests of the public;

11.3.4.hh. The employee interfered with the rights or property of others;

11.3.4.ii. The employee violated the motor vehicle code defined as Serious Traffic Offenses under W. Va. Code § 17C-5-1et. seq.;

11.3.4.jj. The employee committed one or more acts of discrimination on the basis of race, color, religion, national origin, political affiliation, handicap, age, or sex; or the employee committed one or more acts of sexual harassment.

11.4. Application of Progressive Discipline.

11.4.1. Sustained Group I Offenses are cumulative in nature. Upon the accumulation of three "active" Group I offenses, the Superintendent may suspend the employee without pay, but the suspension shall not exceed five working days. The Superintendent may discharge an employee who accumulates four active Group I offenses. The Superintendent may demote or suspend the employee for up to 30 working days in lieu of discharge if mitigating circumstances exist.

11.4.1.a. The Superintendent may order counseling, issue a written reprimand, or suspend an employee for one working day for a single Group I offense.

11.4.1.b. Sustained Group I offenses remain "active" for one year from the date of issuance.

11.4.2. For Group II offenses, the Superintendent may order counseling, issue a written reprimand, or suspend an employee. Any suspension shall not exceed ten working days for an offense of this nature.

11.4.2.a. The Superintendent may discharge an employee who commits an additional Group II offense or if more than one Group II offense is committed during the same incident while a previous offense is "active." The Superintendent may also discharge an employee who accumulates three "active" first group offenses and one active second group offense. The Superintendent may demote or suspend the employee for up to 30 working days in lieu of discharge if mitigating circumstances exist.

11.4.2.b. If an employee is not discharged due to mitigating circumstances, the Superintendent shall notify the employee that any subsequent violation during the "active" life period, regardless of level, may result in discharge.

11.4.2.c. Sustained Group II offenses shall remain "active" for two years from the date of issuance.

11.4.3. The Superintendent may discharge the employee or suspend the employee for up to 30 working days without pay in lieu of discharge for committing a Group III Offense. The Superintendent may demote or suspend the employee for up to 30 working days in lieu of discharge, if mitigating circumstancing exist, or issue a written reprimand, or order counseling.

11.4.3.a. If the Superintendent does not discharge the employee due to mitigating circumstances, he or she shall be notified that any subsequent violation during the "active" life period, regardless of level, may result in discharge.

11.4.3.b. Sustained Group III offenses remain "active" for three years from the date of issuance.

11.5. The Superintendent, at his discretion, may permit employees who are suspended for a violation of a Group I, Group II, or Group III offense to exchange accumulated annual leave days for a portion or all of the suspension.

11.6. The Superintendent may demote or discharge an employee for job abolition, budgetary reduction, reduction of work, State Police reorganization, or for other reasons not related to the employee's job performance, but which nevertheless require the Superintendent to demote or discharge the employee. In these instances, the Superintendent shall notify the employee in writing why he or she is being demoted or discharged. This notice shall include instructions indicating how the employee may apply for another position within the State Police.

W. Va. Code R. § 81-10-11