DISCIPLINARY ACTION CHECKLIST - IAFC

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SPEAKER BIOGRAPHIES Donna Aversa is a partner in Leonard & Felker, P.L.C., a law firm based in Tucson, Arizona. Her practice is focused on working with fire districts regarding a wide variety of issues including: policy development, implementation and training; employment issues; litigation; and government regulation and compliance. She is a regular instructor at the semi-annual Arizona Fire District Association conferences where she provides training to fire boards, chief officers, and company officers. Donna spent over ten years as an adjunct faculty member at the Tucson campus of the University of Phoenix teaching graduate and undergraduate classes in business law, employment law and ethics. Donna was a presenter at the International Association of Fire Chiefs’ 2008 FRI. Brenda Tranchina is the President of Human Resource Strategies, LLC, an Arizona-based consulting firm specializing in HR management in the fire service. Understanding that the employment world of the fire service has unique challenges, Brenda has focused her business in the past 15+ years on partnering with fire departments to better protect and manage their most important assets: their employees. An integral part of her practice involves HR policy development, employee and management training, development and administration of promotional assessment centers, EEO investigations, employment law compliance, and coaching/counseling on employee relations matters. Certified as a Senior Professional in Human Resource (SPHR), Brenda is a regular instructor at the semi-annual Arizona Fire District Association conferences, a past instructor at Fire Rescue West, Arizona Fire Chief’s Association, and the California Special District Institute. Brenda Tranchina, SPHR Donna Aversa, Esq. President Partner Human Resource Strategies, LLC Leonard & Felker, P.L.C. 419 W. Dream Weaver Drive 7440 N. Oracle Road Tucson, AZ 85737 Tucson, AZ 85704 (520) 297-9351 (520) 742-0440 brendahrs@aol.com dmaversa@slfpc.com 2
<strong>CHECKLIST</strong>S FOR WORKPLACE INVESTIGATIONS INTO EMPLOYEE WRONGDOING KNOWING WHEN YOU NEED TO INVESTIGATE [ ] Information “triggers” that can launch an inquiry or an investigation of an alleged incident may include: [ ] Anonymous communication (verbal or written) [ ] Observation of conduct [ ] Receipt of complaint [ ] Receipt of outside agency complaint (i.e., EEOC, OSHA, law enforcement) [ ] Other report of potential policy/rule violation [ ] Initial inquiry to determine whether the alleged incident affects the workplace [ ] Initial inquiry may: [ ] Provide adequate information to enable the Department to determine what occurred and implement appropriate remedial actions, if necessary; or [ ] Provide adequate information to enable the Department to determine no inappropriate occurred, or [ ] Reveal information that causes the Department to begin a full investigation WHO SHOULD INVESTIGATE: INTERNAL VS. EXTERNAL? [ ] Department policy on internal vs. external investigator [ ] Past practices [ ] Nature of the allegation [ ] Harassment/Discrimination -- Consider an HR or Legal Expert [ ] Financial fraud/mismanagement -- Consider a CPA/Auditor 3
Page 1: DONNA AVERSA Leonard & Felker, P. L
Page 5 and 6: [ ] Plan the logistics of the inves
Page 7 and 8: [ ] Prepare written report of findi
Page 9 and 10: DUE PROCESS RIGHTS CHECKLIST [ ] Fo
Page 11 and 12: SEVEN TESTS OF “JUST CAUSE” FOR
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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