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 ...

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