DISCIPLINARY ACTION CHECKLIST - IAFC

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<strong>DISCIPLINARY</strong> APPEAL PROCESS <strong>CHECKLIST</strong> [ ] Review and follow the policy/union contract [ ] Appeal rights should be referenced in the notice of disciplinary action [ ] Reference the appeal process as set forth under policy, or [ ] Outline the appeal process if no policy/procedure exists [ ] Require employee to submit request for appeal [ ] Notify individual/entity responsible for hearing the appeal [ ] Initiate scheduling of the appeal hearing [ ] Inform employee of appeal hearing schedule, location, etc. [ ] Confirm in writing all deadlines set forth under the policy [ ] Be prepared to present all evidence to be used [ ] Documents [ ] Witness testimony [ ] Arrange for participation of witnesses/subpoena [ ] Decision “final” or “recommended” [ ] If “final” decision, follow accordingly [ ] If “recommended” decision, review all pertinent information and make final determination to either uphold or modify the original disciplinary action [ ] Notify employee of final action 10
SEVEN TESTS OF “JUST CAUSE” FOR TERMINATION [ ] Did the Department give the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee's conduct? Is the existence of a policy or SOP sufficient? [ ] Was the Department’s policy reasonably related to: [ ] the orderly, efficient, and safe operation of the Department’s business, and [ ] the performance that the Department might properly expect of the employee? [ ] Did the Department, before administering discipline to the employee, make an effort to discover whether the employee did in fact violate or disobey a policy? [ ] Was the Department’s investigation conducted fairly and objectively? [ ] Did Investigator obtain substantial evidence or proof that the employee violated policy or engaged in inappropriate conduct? [ ] Has the Department applied its rules, orders and penalties evenhandedly and without discrimination to all employees? [ ] Was the degree of discipline administered by the Department in a particular case reasonably related to: [ ] the seriousness of the proven offense, and [ ] the record of the employee’s service with the Department? 11
Page 1 and 2: DONNA AVERSA Leonard & Felker, P. L
Page 3 and 4: CHECKLISTS FOR WORKPLACE INVESTIGAT
Page 5 and 6: [ ] Plan the logistics of the inves
Page 7 and 8: [ ] Prepare written report of findi
Page 9: DUE PROCESS RIGHTS CHECKLIST [ ] Fo
Page 13 and 14: SAMPLE LETTER OF INTENDED DISCIPLIN
Page 15 and 16: Is the Department required to give
Page 17 and 18: HOW MUCH PROCESS IS DUE PROCESS? Th
Page 19 and 20: Rule 1: The employee must make a cl
Page 21 and 22: PUBLIC RECORDS The statutes vary by
Page 23 and 24: ARIZONA STATE EMPLOYEE DISCIPLINE R
Page 25 and 26: Defendant Wagner, of Littleton, Col

DISCIPLINARY ACTION CHECKLIST - IAFC

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