HomeMy WebLinkAboutM-88-045571
i CITY 6F MIAMIs FLOUVIDA
INTEROFFICE MEMORANDUM
TO. Honorable Mayor and DATE:
Members of the City Commission
SUBJECT: Status Report on the
National Investigative
Panel Recommendations
FROM' Cesar H. Odlo REFERENCES: Commission Agenda
City Manager Discussion Item
ENCLOSURES:
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Attached is a status report on the actions taken by the
City of Miami Department of Fire, Rescue and Inspection
Services regarding the recommendations of,the National
Investigative Panel.
A
10
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO. Cesar H. Odio DATE: February 25, 1988 ME:
City Manager
SUBJECT: Status Report on the
National Investigative
Panel Recommendations
FROM: C �H• `Duke, Chief REFERENCES,
Director of Fire, Rescue
and Inspection Services ENCLOSURES:
Following is a status report on the actions taken by the City of
Miami Department of Fire, Rescue and Inspection Services
regarding the recommendations of the National Investigative
Panel. The Panel's report regarding institutional racism in the
City of Miami Department of Fire, Rescue and Inspection Services
was issued on November 5, 1987.
The City of Miami Fire Department's staff, in concert with
personnel from the Department of Internal Audits and Reviews,
have identified some 30 separate issues noted by the National
Investigative Panel. Many of these items can be combined and
pared down to nine major areas of concern.
Activities towards correction and movements towards satisfying
the recommendations of the Panel and of the two City agencies are
as follows:
1. PROBLEM: •
The feeling that Affirmative Action does not have a high
priority within the City of Miami Department of Fire, Rescue
and Inspection Services.
MOVEMENT:
The Fire Chief has issued a policy to all personnel
indicating his demand that all members of the Fire
Department will receive fair and equitable treatment.
A Human Relations Advisory Committee has been
established from a.cross-section of ethnic groups and
sexes from within the Department with support by the
Chaplains of the Fire Department. This advisory group
is to keep the Fire Chief advised as human relation
needs are identified and action is needed throughout
the Department.
a
98-454:-
98-455+
Status Report
'Investigative
Page 2
2. PROBLEM:
on the National
Panei Recommendations
Females viewed as not having Fire Department staff support.
MOVEMENT:
The Fire Chief has taken a positive step regarding
females in the fire service by targeting females for
recruitment, up to and including the hiring of eight
female recruits now in a Fire Recruit Class and,
further, insuring a high rate of success by providing
preemployment training on site regarding physical
ability skills for these females. This group of eight
females is the largest number of females that have been
hired by the Miami Fire Department in its history.
Refurbishment of bathroom facilities in the fire
stations to provide separate and private facilities for
these fire fighters are in the process of being
completed at this time. This would include Fire
Stations 2, 3, 6, and 8, to be completed by the end of
this fiscal year. Commission approval for Stations 6-
and 8 will be necessary to complete this project. The
cost associated with these four stations alone is in
excess of $120,000. The remaining fire stations will
be retrofitted within the next budget year.
3. PROBLEM:
Laisser faire management.
MOVEMENT:
Laisser faire management is being replaced by a back -
to -basics understanding within the Fire Department. To
date, all staff officers have been instructed to
correct situations that they see in conflict with the
written directives of the Miami Fire Department. This
extends from roll call to the appropriate methods for
riding an apparatus.
Station visitations are being conducted on a regular
basis by the Fire Chief and other staff members. This
has had the effect of resolving many of the items
stated in the Panel report regarding quality of work
life at the fire stations.
98-454.
98-455
Status Report on the National
Investigative Panel Recommendations
Page 3
4.
5.
The Fire Chief has directed all staff to deal with
situations as they occur regarding horseplay and
inappropriate interaction between groups and sexes of
fire fighters, including the necessary punitive actions
associated with these situations.
PROBLEM:
Inadequate Officer Training.
MOVEMENT:
Officer training has been started within the
Department. For example, a nationally recognized
educator, Carl Holmes, has completed Phase I of a two
part program for officers. This course received very
positive feedback from the majority of the attendees.
This training is directed towards general management
within the fire stations.
An additional educational effort by the Fire Chief
includes the assignment of the Staff Duty Officer to
attend certain functions outside of the closed
environment of the fire -service.
Also., VCR's and televisions have been provided for each
of the fire stations'and divisions so that broad
training efforts can be utilized to eliminate the
perception that each fire station is a different fire
department, as noted in the report. It is felt that
when we come on line within the next few months with a
channel on the INET cable network (which has the
capability of a'dedicated channel for the fire
service), this will be accomplished.
PROBLEM:
Disproportionate number of minorities holding Driver
positions..
MOVEMENT:
A program of providing Driver training, Pump operation,
Aerial operations, hydraulics, and other associated needs
for an individual to become a Driver, has been instituted
for all new recruits. This will increase the number of
qualified members when Driver slots become available.-
J-/
98-454
98-455+
Status Report on the National
Investigative Panel Recommendations
Page 4
6. PROBLEM:
Discriminatory practices regarding in -hiring of new
recruits.
MOVEMENT:
The Fire Department has hired an outside agency to
administer polygraph examinations, removing the feeling
that discriminatory practices could be employed for
pre -entry qualifications. This polygraph test includes
the testing for drug use and abuse, and the mandatory
City residency requirements.
Additionally, the City of Miami Police Department will
be asked to review backgrounds for new hires so that a
third person or unbiased process can be used to select
new recruits.
7. PROBLEM:
Uniformity of information.
MOVEMENTS
Many of the items mentioned in the Panel report include
statements regarding documentation, uniformity of
penalties for violations of departmental regulations,
and other City documents. At the present time,a
policy has been developed wherein any statement coming
out as an official position for the Fire Department in
general will be identified for its inclusion in the
appropriate manual.
Additionally, the Fire Chief has established a policy
of issuing letters to all personnel regarding
information of interest to all personnel.
The Fire Department publication, The Ivory Tower, has
been resurrected and this also will fulfill the
information needs of all Department members.
The Department of Internal Audits and Reviews has
entered into a professional services agreement with
Thomas Huston & Associates to begin data collection for
the development of a new Affirmative Action Plan to be
utilized not only with the Fire, Rescue and Inspection
Services Department but City-wide.
s�g_4S�
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Status Report on the National
Investigative panel Recommendations
Page 5
8. PROBLEM:
No Exit Interviews available for Fire Department members.
MOVEMENT:
A Focus Group has been established of Fire Department
members to develop an Exit Interview process that will
benefit future employment efforts of the Department.
9. PROBLEM:
Clustering of minorities.
MOVEMENT:
The Fire Chief has asked for recommendations from the Human
Relations Advisory Committee regarding this issue.
Additionally, positive efforts to redistribute officers and
manpower based on a positive, systematic basis, as opposed
to individual desires, has been implemented and is relieving
this situation at the present time.
As stated at the beginning of this report, these are positive
efforts by Fire'Department and other City staff personnel. The
remainder of the year will see efforts, such as:
1. Additional training by Carl Holmes; the second phase of the
management class mentioned earlier in this report.
2. The completion of the Anti -Defamation League's Program, "A
World of Difference."
3. Further movement by Department staff regarding female
bathroom facilities in the remaining fire stations.
4. Reorganization targeting minorities and females within the
Department.
On reviewing this report, it may be seen that many of these
accomplishments have been handled in-house and within the
parameters of the current budget. In order for the Fire
Department and the City to accelerate training in human relations
and related areas, additional budget needs will have to be
addressed. A comprehensive, long-range training program for all
Department members could easily exceed $50,000 each year. This
$50,000 expenditure for the future should be provided.
CHD:mm
ICJ
98-454
845u
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A
EXPENSES TO DATE
I. TRAINING
Officer Training $ 39000
Thomas Huston Assoc. 4v500
Franklin Sands Assoc. 4,450 Fire Dept. 2225
K. A. & R. 2225
$11050
FEMALE BATHROOM FACILITIES 20.6.8
Approximate Cost $1209000
Funding Source - Fire Rescue Bonds
ANTICIPATED EXPENSES MARCH SEPTEMBER 309 1988
I. Training
Officer Training/Carl Holmes $ 39000
Thomas Huston Associates 10,000
Human Relations/"World of Difference" 8,000
$ 21,000
II. Staffing Affirmative Action Division
A. Affirmative Action Specialist $ 369800
Administrative Aide
24,000
-b.
B. Funding Source, Existing Budget $ 0,000
Reallocation of Resources
TOTAL EXPENSES $2129950
PENDING CITY MANAGER APPROVAL FOR NEW POSITIONS
.98-454
98-455
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3
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Chief C. H. Duke, Director
Department of Fire, Rescue
and Inspection Services
f0ml
Chief D. LeMay
Chief of Train g
DATE} January 29, 1988 FILE,
susJEcT, Hiring Process - January 4, 1988
Recruit Class
REFERENCES:
ENCLOSURES:
The hiring .process for the Recruit Class of January 4, 1988
was as follows.
Notification of selection into the process was mailed to 92
applicants. Two (2) people failed to respond, two (2)
declined at this time, and six (6) failed to meet residency
requirements.
Orientation was held on October 15th and 16th. All
applicants were required to attend one of the orientation
sessions. Both sessions were held in the evening from 6:00
PM until approximately 8:45 PM. The reason for the evening
sessions was to allow applicants to attend without having to
take time off from their present jobs. The Training Center
staff volunteered their time to accommodate the applicants.
At the orientation, the hiring process was explained by
Captain Evans. Data Forms were handed out, the Physical
Ability Test was explained and a tape of the test was shown.
Medical examinations were scheduled. The Physical Ability
Test was scheduled. Also, practice days for the Physical
Ability Test were established. The days for practice were
October 20, 21, 22, 27, 28, 29 and November 3rd from 8:00 AM
to 5:00 PM. The applicants were asked if this would afford
everyone an opportunity to obtain sufficient practice. Some
said that they would have to take time off from work to
practice. Those with this complaint were asked if they would
like the practice hours extended into the evening or practice
on the weekends. Almost all preferred weekends. Therefore,
practice days of. Saturday, October 24 and October 31 from
9:00 AM thru 12:00 PM were included.
Ten (10) people attended orientation on October 21st as they
were unable to attend either of the previous sessions.
98--454,
nSj-455
Chief C. It. Duke, Director
Department of Fire, Rescue and
Inspection Services
January 29, 1988
Hiring Process - January 4, 1988
Recruit Class
Page # 2
Ten (10) people deferred at this time.
Seventy-two people were scheduled for medical. Of these,
three (3) did not show for their appointment and three (3)
failed.
A total of sixty of the applicants practiced for the physical
ability test. Of the sixty;
27 people practiced 1 time
9 people practiced 2 times
11 people practiced 3 times
5 people practiced 4 times
3 people practiced 5 times
3 people practiced 6 times
1 person practiced 7 times
1 person practiced 8 times
Most people attended the Saturday sessions which had Training
Center staff attending on a volunteer basis.
Eight (8) people deferred prior to the Physical Ability Test.
Four (4) did not show for the Physical Ability Test.
Of the 54 people who took the Physical Ability Test, 45
passed.
These 45 people were then given a back xray, E.K.G.,
polygraph, and final interview.
Of these 45 people, four (4) were found to be unacceptable,
one (1) declined the position, one (1) deferred, two (2) did
not pass the final medical, and one (1) is on medical hold.
Twenty (20) people were hired with 16 processed and not
hired.
DL : MC: cw
cc: Dr. H. Daniels
Angela Bellamy
Chief F. Jordan
Chief D. H. Teems
di" aF MIAMI, LON10A
INTMOPFICE MEMORANDUM
To. Division Chiefs DATE. January 1, 1088 ME:
District Commanders
sueJEct: policy Statement/
Equal opportunity
FROM: • C. H. Duke, Chief gEFERENCES:
Director of Fire, Rescue
and Inspection Services ENCLOSURES:
The attached Policy Statement is to be distributed to all
personnel. In order that all employees have the benefit
of this information, please ensure that at least one copy
is posted in a conspicuous area and that it be the subject
of Company School.
CHD:mm
cc: Chief F. Jordan
Chief D. H. Teems
C. H. DUKE
Director
January 1, 1988
jorf Main
tyW .•!r� nr �'��
M •.
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�dE�QFt���O
TO ALL FIRE DEPARTMENT PERSONNEL:
P O L I C Y S T A T E M E N T
SUBJECT: MIAMI FIRE, RESCUE AND INSPECTION SERVICES
POLICY ON EQUAL OPPORTUNITY
A.
WAR H. 0010
City Manager
The Miami Fire, Rescue and Inspection Services Department is
committed to assuring human dignity and equal opportunity under
the law for all personnel and will develop and implement plans
that provide for the best use of our human resources without
restrictions based on race, color, religion, national origin, or
gender.
I will give human relations and equal opportunity in the
Department my personal attention and support. I expect all
personnel at all levels to actively participate in the human
relations effort and make it a functional part of our mission
requirements. It is my desire that we take action which will
insure the full utilization of the talents and potential of all.
personnel.
C. H. Duke, Chief
Director of Fire, Rescue
and Inspection Services
CO/88/1
FIRE, RESCUE & INSPECTION SERVICES DEPARTMENT/275 N.W. 2 St./P.O.Box 33070e/Miami, Florida 3312e/(305) $79.6300
/a.
'AMON
io
ALL DEPUTY CHIEFS DATE: December 22, 1987 FILE:
AND DIVISION CHIEFS
SUBJECT: Article/The "Hot Stove Rule
OM: C� H. /Duke,, Chief REFERENCES:
Director of Fire, Rescue
and Inspection Services ENCLOSURES: l
The attached article, entitled The "Hot Stove Rule" from
envision: o is and Practices of Management, is to R4,-
re u red readin lease make a notation on this memo that you
have read the article and then pass it on to the next person
listed.
The last person to complete this assignment is to forward the
crv1cle •and memt-% Lack to my office.
CHD:mm
cc: /Chief F. Jorda
Chief D. H. Te g
m--s�res'���%
Chief J. W. Byrd r—r
Capt. C. Gimene
Chief W. C. Huddl4 ton
Chief R. B. Rehr ��� !I S- —
Chief E. Jaremko
Chief D. LeMay
Chief F. K. Rollason /is: .
Rai
MR.
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DEC 29 19$T
CHIEF OF M AP=
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The "Hot Stove Rule
When taking disciplinary action, a supervisor is placed in a difficult
position. Imposing discipii.nary action tends to generate employee re-
sentment because it is an unpleasant experience. To assist the supervisor
334
PART FIVE • Directing
in 7appiying the necessary disciplinary measure so that it will be feast
resented and will likely withstand cha 1en�es from various sources, nu-
merous authorities have advocated the use of the hot stove rule.' This
rule draws a comparison between touching a hot stove and -experiencing
discipline, both of which contain' four elementi'advance warning, im- .
....... ....
.._ pediacyf;consistency, ahii impersonality.
Everyone knows w w uld. hagken if one touched ared-hot stove
advance,warning). When one touches a hot stove, one gets burned right "
away, with no questions of cause and effect fmmcdtgcy). Evgtime a
person touches a hot stove, that person gets burned Sconsisfency). Who-
_ __ever touches a hot stove is burned because of the act of touching the
stove, regardless of who the person is j!npersonafify). How these four
elements of the hot stove rule can be applied by the supervisor when
maintaining employee discipline is explained below.
Advance Warning. In order to maintain proper discipline and to have
employees accept disciplinary action as fair, it is essential that all em-
ployees know..in_adyan�g;what is expected of them and what the rules
and regulations are. Employees must be informed clearly_ that certain acts
will lead to disciplinary action. Many organizations use orientation ses-
sions, employee handbooks, and bulletin board announcements to in-
form employees about the rules and how they are to be enforced. In
addition, the supervisors are. responsible for verbally clarifying any
questions that arise concerning new and old rules and their enforcement.
Some companies find it effective to utilize sections of an employee
handbook which every new employee receives. Furthermore,: as part of
orientation, the supervisor should explain orally to each new employee
what is contained in the employee handbook. Some organizations even
require employees to sign a document that they hive read and under-
stood the company's rules and regulations.
Unfortunately in some organizations there are a number of rules on
the books which have never been enforced or which have been ignored.
For exarr\ple, there may be a rule prohibiting smoking in a certain area
which the supervisor has not previously enforced. Of course, it would be
most improper if the supervisor suddenly decides that it is time to en-
force this rule strictly and tries to make "an example" by taking dis-
ciplinary action against an employee found smoking in this area.
Yet the fact that a certain rule has not been enforced in the past does
not mean that it can never be enforced. To enforce such, a rule, the super-
visor must now inform and wart. the employees that this rule will be
strictly enforced from here. on in. It is not enough st to simply poa notice
on the bulletin board since not everyone looks at this board every day.
'lbe late professor Douglas McGregor is generally credited with the "hot stove" ana1-
09y to disciplinary action.
CHAPTER EIGHTEEN • Maintaining Employee DisciDline 33s
... , .. ..... .w. .. �.. -rN .....-r'--�'A�� �M� I-..,/�....M w.�. uY-M•.. �.. �. Fr,1ANro.�,w 4./ . ... .. /r��
V-_454
The "Hot Stove Mule'',
When taking disciplinary action, a supervisor is placed in a difficult
position. Imposing- disciplinary action tends to,ggngrate et�loyee, re-
sentment because it is an unpleasant experience. To assist the supervisor
334
PART FIVE • Directing
in applying the necessary disciplinary measure so that it will be least
resented and wijl lik?ly withstand cha_ llenges from various sources, nu-
merous authorities have advocated the use of the hot stove rule.' This
rule draws a Comparison between touching a_hot.stove end_experiencing
discipline, -both of which contain* four eiementi* advance warding, 1t11- .
-_mediacyyfconsistency, and impersonality.
Everyone knows wtiat_would happen if one touched aced -hot stove"
advance. warning). When one tot.tch_es a hot stove, one gets burned right "
away, with no questions of cause and effect (fmmedi_rr'cy). Every time a
person touches a hot stove, that person gets burned J onsisfertcy). Who-
ever touches a hot stove is burned because of the act of touching the
stove, regardless of who the person is (f!nprrsonafrt'y). Flow these four
elements of the hot stove rule can be applied by the supervisor when
maintaining employee discipline is explained below.
Advance Warning. In order to maintain proper discipline and to have
employees accept disciplinary action as fair, it is essential that all em-
ployees know . in. advaLnce what is expected of them and what the rules
and regulations are. Employees must be informed clearly ttiat certain acts
will lead to_discipiinary action. Many organizations use orientation ses-
sions, employee handbooks, and bulletin board announcements to in-
form employees about the rules and how they are to be enforced. In
addition, the supervisors are responsible for verbally. clarifying_any
questions that arise concerning new and old rules and their enforcement.
Some companies find it effective to utilize sections of an employee
handbook which every new employee receives. Furthermore, as part of
orientation, the supervisor should explain orally to each new employee
what is contained in the employee handbook. Some organizations even
require employees to sign a document that they have read and under-
stood the company's rules and regulations.
Unfortunately in some organizations there are a number of rules on
the books which have never been enforced or which have been ignored.
For exar t`ple, there may be a rule prohibiting smoking in a certain area
which the supervisor has not previously enforced. Of course, it would be
most improper if the supervisor suddenly decides that it is time to en-
force this rule strictly and tries to make "an example" by taking dis-
ciplinary action against an employee found smoking in this area.
Yet the fact that a certain rule has not been enforced in the past does
not mean that it can never be enforced. To enforce such a rule, the super-
visor must now inform and warn the employees that this role will be
strictly enforced from here. on in. It is not enough to simply post a notice
on the bulletin board since not everyone looks at this board every day.
'Tlulate professor Douglas McGregor is generally credited with the "hot stove" anal•
ogy to disciplinary action.
CHAPTER EIGHTEEN • Maintaining Employee Discioline 335
:-I
98--454
P 8_:45
The supervisor should issue a clear, written notice- and supplelttent it
with oral communication.
_ Immediacy: After noticing an offense, the supervisor should prt teed
to take disciplinary action as speedily as possible but at the same time
avoid haste, which might lead to unwa rr antgd reactions. The sooner the
discipline is.im_posed, the more. closely it will be connected with the,pf.;-
- fensive act.
There will be instances when it is clear that an employee is gt►ilt%. of ,►
violation but the supervisor may be doubtful as to the degree of penalty
1 : which should be imposed. For exaMple, such incidents as fighting',
drunkenness, and insubordination often require an immediate response
from the supervisor. in these cases the supervisor may invoke tenlporarp
suen spsion, which means that the employee is suspended Fending a
final decision. The temporarily suspended employee is advised that lie or
she will be informed about the ultimate d_ ic_iplinary_ action as soon as
possible or at a specific date.
Temporary suspension initselfis not a punishment. It protects both
management and the employee. It provides the supervisor with time to
make aWhrivestigation and an opportunity to cool -eff._If flip ensuine in-
vestigation indicates that no disciplinary action is warranted, then the
► employee is recalled and does not stiffer any loss of pay. But if a dis.
ciplinary layoff is ultimately applied, then the time during which the
employee was temporarily suspended will constitute part of the duration
of the disciplinary layoff. The obvious advantage of temporary_suspen-
sion is that the supervisor can act promptly. However, it should not be
used indiscriminately.
Consistency. Appropriate„disciplinary action should be taken each
time an infraction_ occurs. The supervisor who feels inclined to be lenient
every now and then is, in reality, not doing the employees a favor. In-
consistency in imposing discipline would only lead to employee insecu-
rity and anxiety and create doubts as to what they can and cannot do.
-Mason Haire, a well-known psychologist, compares this situation to tiie
relations between a motorist and a traffic police officer in an area where
the speed limit is not enforced stringently. Whenever the motorist ex-
ceeds the speed limit,.the motorist usually experiences some sort of anxi-
ety because he or she knows that the police officer can enforce the law at
any time. Most motorists would agree that it is easier to operate in a
location where the police force is consistent in enforcing speed limits one
way or the other. Employees, too, find it easier to work in a situation
where the supervisor is consistent in applying disciplinary action.
However', being mai..wnt in applying disciplinary action does no
mean treating everyone in exactly the same manner. Special_consider.
ations surroundin.,g. an offense may need to be considered such as the
336 PART FIVE • n1rart-
1-7
'8--454
118-455r
circumstances, the employee's productivity, job attitudes, length of ser-
vice, and the like. The extent to which a supervisor can be consistent and
yet consider the individual's situation can be illustrated in the following
exa� ple. Assume that three employees become involved in some kind of
"horseplay." Employee A just started work a few days ago, Employee B
has been warned once about this, and Employee C has been involved in
numerous cases of horseplay. in taking disciplinary action, the supervi-
sor could decide to have a friendly informal talk with Employee A, give a
written warning to Employee B, and impose a two-day disciplinary
layoff on Employee C. Thus, each case is considered o its own mgrits,
with the employees bein&.juOgcd_a-rcQrdiog—toiheir wark.histary. Of
course, if two of these employees had had the same number of previous
warnings, their penalties should be identical.
Imposing discipline consistently is one way in which a supervisor
demonstrates a sense of fair play. Yet this may be easier said than done.
There are times when the department is particularly rushed and the su-
pervisor may be inclined to conveniently overlook infractions. Perhaps
the supervisor does not wish to upset the work force or does not wish to
lose the output of a valuable employee at a critical time. This type of
consideration is paramount, especially when it is difficult to obtain em-
p!oyc— :•r:t:; the skill that the offending employee possesses. Most em-
ployees, however, will accept an exception as fair if they know why the
exception was made and if they consider it justified. Further, the em-
__�,Spl_}►ees must feel that any other employee in exactly the samq gituatiqn
would receive similar treatment.
`Impersonality. All employees who commit the same or a similar of-
fense should be penalized. Penalties should be connected with the offenW_
sive act, not with the personality_of the employee involved. Of course, it
is only natural for an employee who has been disciplined by a supervisor
to feel some resentment toward the latter. Yet the supervisor can reduce
the amount of resentment by Taking disciplinary_ actionkA impersonal as
possible. This meansthat once_tlie—disciplittnry_action h
,as been taken, L3,,
the supervisor must let bygones be bygones ' The supervisor should
treat the employee in the same way as before the infraction, without
being apologetic about the disciplinary action.
DOCUMENTATION AND THE RIGHT TO APPEAL
Whenever. any disciplinary action is taken, it is essential for the su-
pervisor to _keep records of the offense committed and the decision taken,
including the reasoning involved in the decision. Documentation is nec-
essary since the supervisor may be asked at some future time to substanki A
tiate the action taken, and the burden of proof is usually on the supervi4rr
sor. Thus, it is no6wise for the supervisor to depend on memory alone.
CHAPTER EIGHTEEN • Maintaining Employee Oiscioline 337
(E
fIS--454
f �S-45: u