Principles for Public Safety Employment

Other Agency policies

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2. “G OOD C AUSE ” C HECKLIST  Seriousness of Problem: How severe is the problem or infraction?  Frequency and Nature of Problem: Is the current problem part of an emerging or continuing pattern of discipline infractions?  Investigation: Was the employer’s investigation conducted fairly and objectively? Was it fully completed before disciplinary action was taken? Was there substantial evidence or proof that the employee had committed the offense?  Rules Violated: If a rule was violated, was the rule or order reasonably related to the efficient and safe operation of the work area? Was every effort made to discover whether the employee did in fact violate a rule or order of management?  History of the Agency’s Discipline Practices: How has the department and/or agency dealt with similar infractions in the past? Has there been consistency in applying the discipline procedures?  Employee’s Work History: How long has the employee worked for the agency, and what was the quality of performance?  Progressive Discipline: Was the specific discipline based on the progressive discipline approach? If the employee decides to take his/her case to higher management, is there persuasive evidence to justify the reasonableness of the decision?  Extenuating Factors: Are there extenuating circumstances related to the problem? For example, if there was a fight, was the employee provoked?  Malice: Did the employee commit the offense spontaneously or was the offense premeditated?  Harm to Department’s Reputation and/or Finances : Did the misconduct impair the agency’s relationship of trust with the public it protects and serves? Did it result in civil liability?  Implications for Other Employees: What impact will the decision have on other employees in the unit, including morale? In general, discipline should be progressive in a constructive attempt to correct the employee’s behavior. Discharge of a permanent public safety employee should generally occur only when progressive discipline has failed to correct his/her unsatisfactory behavior. It is unlikely that discharge of a permanent employee, without a pattern of progressive discipline, will be upheld during the administrative appeal process except in severe misconduct cases.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 69