Employee charged-Public Sector
sonny
2,117 Posts
We have an employee who was just charged (felony) for alledgedly dealing in stolen property. We currently don't have a policy addressing the issue. I have been asked to see what others do. . .particularly those of you in the public sector. On the one hand is the school of thought, "innocent 'til proven guilty" and allowing him to continue to work until there is a conviction. The other hand says there has been a betrayal of public trust and supports the school of thought that we are held to a higher standard and this is not the type of individual we want representing the City.
What say you, oh wise ones?
What say you, oh wise ones?
Comments
You could also consider placing him on some kind of administrative leave until the outcome is decided.
Another angle, especially if he remains held in jail, would be termination under your attendance policy.
Good luck!
Even with that in place, I would call our statuatory agent (who is an excellent employment attorney) and get his opinion. I would want to put the employee on leave without pay pending outcome of charges at the very least, but the attorney would quash that idea if he had any qualms about it.
Anne in Ohio
Make him/her eat PORK all day, now there is a good thought!
PORK
Seriously, I agree with your point. Hate to think of this guy sitting at home collecting wage for who knows how long. Can't this stuff go on and on with continuances and such? If you suspend without pay and he is acquitted don't you run the risk of a suit or would just giving back pay resolve?
If the city is wrong, if the police are wrong, then protect the taxpayer and suspend this employee and let him/her think about the activity even if he does get off. The city would be right to re-instate the "dawg" after all is settled and pay him/her back income that he was due, if he was wronged!
Eating more PORK is right on!
PORK
Pork is one of my favorite foods! Hope you feel better now that you've gotten your feelings off your chest and we all know how you feel about dirt bags.
Julia
Suspend the jerk with no pay, pending completion of an investigation!
PORK
Sonny, you guys be nice to those MSU "Bulldawgs" in your neighborhood for the first game toward the final four and don't feed them to much of that Florida orange juice with the kicker, but you can give it to those yankees from MOMMOTH, or something like that.
PORK
If not convicted the agency then has 30 days to either return the employee back to work with full back pay or complete its own investigation as to the allegations and it's job-relatedness, or if the employee is found guilty to follow up and decide whether or not to discharge based upon job related criteria and take action to discharge on that basis (or the fact that the employee is in jail).
If you want to take a look at the particular code section in L.A. County's Personnel Code, Title 5. It's in the Title 5 Appendices (at the end of the list of Code Sections in Title 5), at Civil Service Rule 18.01(a).
[url]http://ordlink.com/codes/lacounty/index.htm[/url]
In consultation with the City or County District Attorney or other prosecuting attorney, while the criminal matter is pending, it is possible for the agency to conduct its own investigation if the allegations are job related (suchas a child welfare work accused of beating up his or her own child), but usually, the agency will wait the outcome of the criminal process.
PS.. I think the Gators should have eaten more pork, PORK x:D
PORK
PORK