Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-208.003: Range of Disciplinary Actions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to include the offense of not reporting for duty when instructed to do so in time of emergency or potential emergency and impose a range of penalties to include written reprimand, up to 30 days of suspension or dismissal and correct the range of penalties for the second and third occurences for offenses 1 through 11.
SUMMARY: Amends the rule to include the offense of not reporting for duty when instructed to do so in time of emergency or potential emergency and impose a range of penalties to include written reprimand, up to 30 days of suspension or dismissal and corrects the range of penalties for the second and third occurences for offenses 1 through 11.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-208.003 Range of Disciplinary Actions.

Violations of the foregoing Rules of Conduct as well as other departmental, and institutional policies will result in disciplinary actions, which may be by oral reprimand, written reprimand, reassignment, transfer in excess of 50 miles, suspension, reduction in pay, demotion or dismissal.

Any employee who feels that unjust disciplinary action such as an oral or written reprimand has been given, has the right to submit a grievance as established by the grievance procedures of the Department of Corrections. For disciplinary actions involving reassignment, transfer in excess of 50 miles, suspension, reduction in pay, demotion, or dismissal, permanent Career Service employees have the right to appeal to the Career Service Commission. Violation of more than one rule shall be considered in the application of discipline and may result in greater discipline than specified for one offense alone.

Any questions regarding these rules and personnel procedures should be referred to the employee’s circuit administrator, warden or Personnel Manager.

The preceding section titled Rules of Conduct and the following list of offenses and work deficiencies with their ranges of disciplinary actions will be used by this Department in administering an effective disciplinary program.

THE SEVERITY OF PENALTIES MAY VARY DEPENDING UPON THE FREQUENCY AND NATURE OF A PARTICULAR OFFENSE AND THE CIRCUMSTANCES SURROUNDING EACH CASE. WHILE THE FOLLOWING GUIDELINES ARE NOT A SUBSTITUTE FOR IMPARTIAL SUPERVISION AND EFFECTIVE MANAGEMENT, AND DO NOT SET ABSOLUTE MINIMUM AND MAXIMUM PENALTIES, IT IS EXPECTED THAT ALL SUPERVISORS WILL CONSIDER THEM IN REACHING DISCIPLINARY DECISIONS.

 

 

 

Offense or

First

Second

Third

Fourth

 

Deficiency

Occurrence

Occurrence

Occurrence

Occurrence

 

(1) Gambling

Oral or

Written

Up to 30

Dismissal

 

 

Written

Reprimand

days

 

 

 

Reprimand

or up to

30 days

Suspension

Suspension

 

 

 

10 days

or

or

 

 

 

Suspension

Dismissal

Dismissal

 

 

(2) Horseplay or Fighting

Same

Same

Same

Same

 

(3) Loafing

Same

Same

Same

Same

 

(4) Tardiness (With a 2-month period)

Same

Same

Same

Same

 

(5) Excessive Absenteeism

Same

Same

Same

Same

 

(6) Malicious Use of Profane or Abusive

Same

Same

Same

Same

 

Language Toward Inmates, Visitors, or

 

 

 

 

 

Persons Under Supervision

 

 

 

 

 

(7) Absence Without Authorized Leave

Same

Same

Same

Same

 

(8) Unauthorized Distribution of Written or

Same

Same

Same

Same

 

Printed Material of any Description

 

 

 

 

 

(9) Unauthorized Solicitations or Sales on

Same

Same

Same

Same

 

DC Premises or While on Duty

 

 

 

 

 

(10) Substandard Quality and/or Quantity

Same

Same

Same

Same

 

of Work

 

 

 

 

 

(11) Reporting to Work Improperly

Same

Same

Same

Same

 

Dressed for Job Assignment

 

 

 

 

 

(12) Sleeping on Job

Written

Dismissal

 

 

 

 

Reprimand,

 

 

 

 

 

up to 30 days

 

 

 

 

 

Suspension or

 

 

 

 

 

Dismissal

 

 

 

 

(13) Negligence

Same

Same

 

 

 

(14) Revealing Confidential Information in

Same

Same

 

 

 

DC records to unauthorized person

 

 

 

 

 

(15) Possession of an Unauthorized

Same

Same

 

 

 

Intoxicant, Narcotic, Barbiturate,

 

 

 

 

 

Hallucinogenic drug, Central nervous

 

 

 

 

 

system stimulant, Weapon or Firearm on

 

 

 

 

 

DC Property

 

 

 

 

 

(16*) Reporting to Work under the

Same

Same

 

 

 

Influence of an Intoxicant, Narcotic,

 

 

 

 

 

Barbiturate, Hallucinogenic drug, or

 

 

 

 

 

Central nervous system stimulant

 

 

 

 

 

(17*) Drinking an Intoxicant or using a

Same

Same

 

 

 

Narcotic, Barbiturate, Hallucinogenic drug,

 

 

 

 

 

or Central nervous system stimulant on the job

 

 

 

 

 

*The Governor and Cabinet by Resolution adopted July 17, 1973, have established the State Policy on Alcoholism which recognized alcoholism as treatable illness, a medical and public health problem and an employment problem. When an employee drinks to the extent that it affects his or her work performance, the employee is a problem drinker. As with any health liability, alcoholism is of serious concern to the employee and employer alike. Therefore, it is the policy of this state to recognize alcoholism as a disease. The Career Service Personnel Rules and Regulations (Rule 60K-4.010, F.A.C.) requires that a dismissal action taken against an employee for habitual drunkenness shall be in accordance with the State Policy on Alcoholism as adopted by the Administration Commission and the guidelines issued by the Secretary of Administration.

 

 

 

(18) Failure to maintain direct (sight)

Written

Dismissal

 

supervision of assigned medium, close or

Reprimand,

 

 

maximum custody inmates while outside

up to 30

 

 

the institution security perimeter

days of

 

 

 

Suspension

 

 

 

or Dismissal

 

 

(19) Leaving the Assigned Work Station

Same

Same

 

without Authorization

 

 

 

(20) Use of Corporal Punishment, Verbal

Same

Same

 

or Physical Abuse of an Inmate

 

 

 

(21) Falsification of Forms or Records

Same

Same

 

(22) Conduct Unbecoming a Public

Same

Same

 

Employee

 

 

 

(23) Stealing DC Property, Property of an

Same

Same

 

Inmate Visitor or Employee

 

 

 

(24) Willful Violation of Rules,

Same

Same

 

Regulations, Directives or Policy

 

 

 

Statements

 

 

 

(25) Unauthorized Use of DC Equipment

Same

Same

 

or Property

 

 

 

(26) Insubordination

Same

Same

 

(27) Destruction or Abuse of DC Property or Equipment

Same

Same

 

(28) Destruction of Evidence or Giving

Written

Dismissal

 

False Testimony

Reprimand,

 

 

 

up to 30

 

 

 

days

 

 

 

Suspension

 

 

 

or Dismissal

 

 

(29) Unlawfully Obtaining Money from or

Same

Same

 

on behalf of an Inmate or Person under

 

 

 

Supervision

 

 

 

(30) Failure to Report and Turn in Without

Same

Same

 

Delay all Property Found, Seized, or Taken

 

 

 

Officially

 

 

 

(31) Failure to Submit to a Required

Same

Same

 

Physical Exam

 

 

 

(32) Failure to follow Oral or Written

Same

Same

 

Instructions

 

 

 

(33) Abuse of Sick Leave Privileges

Same

Same

 

(34) Careless or Unsafe Handling of

Same

Same

 

Firearms or Other Weapons

 

 

 

(35) Cowardice

Same

Same

 

(36) Failure to report for duty when instructed to do so in time of emergency or potential emergency

Same

Same

 

Specific Authority 20.315, 944.09, 945.21 FS. Law Implemented 944.09, 944.14, 944.34, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47, 945.14, 945.15, 945.21 FS. History–New 10-8-76, Formerly 33-4.03, Amended 1-30-96, Formerly 33-4.003, Amended __________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Ralph Kiessig, Deputy Director of Administration
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura Bedard, Ph.D., Deputy Secretary of Department of Corrections
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 21, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 27, 2007