Employee charged-Public Sector

sonny · March 2004

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?

deniseE · March 2004

Do you have any statement in your policies that refers to ethics or expected ee behavior? Although innocent until proven otherwise is an important part...you do have a public image to maintain.

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!

AnneHa · March 2004

Sonny, we are a public agency and have the following in our policy: To comply with all applicable local, state and federal civil and criminal laws and avoid the appearance of any criminal offense or professional misconduct.

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

Beave · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-18-04 AT 11:56AM (CST)[/font][br][br]Hi Sonny. I had a similar situation and posted a question in early December. If you do a search, you should find it. I am with a county in which we had an employee arrested on a felony charge. I did Garrity and Loudermil hearings with him. He denied of course ever bringing illegal substances on county property or possessing them outside work. The director of that agency refused to terminate because he was only CHARGED & not convicted, claiming he was a nice guy and a good employee and was concerned about his "Civil Rights". I was told by our labor attorney that I could not force the director to terminate since they were an agency of the County directed by a BOD. The BOD were the only ones that could direct the director to terminate. I was in the process of addressing the BOD in that direction when lo and behold ... To make a long story short. Employee a month later was again arrested for failure to pay a court ordered fine (I was not informed of this arrest till much later). Again the director refused to terminate. A month following that the employee was again arrested and charged with threatening the witness from the initial drug charge and was once again arrested. This time there was no bail allowed and of course I FINALLY reasoned with the director to terminate based on attendance. The now former employee is still a resident of our "facility" awaiting numerous trials. Good luck.

sonny · March 2004

Thank you all. I went back and re-read your December post, Beave. I even posted. Apparently we had never had a problem and this is the third in 6 years. .they (yeah!) want to come up with a policy so we can be consistent(double yeah!). They are going to talk to our attorney again, but he's on the innocent til proven guilty side. I'd rather get him out of the public eye as would several others way above me. Would still like to hear from others. Will keep you posted. thanks again.

Julia · March 2004

I would place him on a paid leave-of-absence pending the outcome - this doesn't indicate the company feels he is either guilty or not guilty, just a good business decision based on the fact that his presence is a distraction at work, for others and for himself.

Pork · March 2004

I hate to read, when I am a TAX PAYER who pays for this dirt bag and the other employees of my government who don't have the $%*@ to stand and be counted. Do not send this "dawg" to the TV room with pay why you and yours gets to the bottom of this character. Leave without pay is a better frame of reference; do like we do in the private world, suspend without pay and if the company is wrong in the end, then pay the person for lost backwages or earnings if the City was wrong. How dare you use the TAXPAYER funds for this "dirt bag"!

Make him/her eat PORK all day, now there is a good thought!

PORK

sonny · March 2004

Geez Pork, and I thought eating pork all day would be a good thing x;-)

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?

Pork · March 2004

Suit based on what? The accused is innocent until proven guilty or the evidence is enough to stand-up and make a decision and then say "go ahead and take your best shot!" The guilty may in fact get off, I read to day that Basketball Bryant may get off, because the prosecutor messed up"! The legal system abounds with screw ups, but for the most part the "dawg" is still a "dawg" and he must be put out side to PEE.

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

Julia · March 2004

I read your anger, but sending him home without pay could cost the taxpapers even more if you penalize him prematurely of a guilty verdict. Police officers are placed on paid leave until an investigation is done to determine whether or not they acted appropriately in certain situations (like shooting an armed or unarmed person in the act of a crime. I'm a taxpaper too... and also work in the private sector, and I've seen how unfairly some employees have been treated in the private world because the company and/or their HR person already deemed them guilty....when they were not. That's the reason some employees feel they have to have union representation.

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

sonny · March 2004

Thanks Julia and welcome to the Forum. Actually Pork is very lovable, tho he does have strong feelings. Hang around and you'll find out!

Julia · March 2004

I'm in love with Pork already! I love a guy who can express himself. Julia

Pork · March 2004

Julia: Suspending a police officer until the city authorities can come to a proper and right conclusion does not sing on the same page with a city employee who is up to his knees in HOG manure and it stinks so badly there is no one who doubts that all of the arrest and legal attention laid on this "dawg" should lead the Mayor or some attority to make the right decision to pay this "dirty bag" while he/she sits at home like a couch potatoe (I believe that is how the vice-p spelled).

Suspend the jerk with no pay, pending completion of an investigation!

PORK

Julia · March 2004

Pork: I agree that its ok to disagree - so are we cool? Julia

Pork · March 2004

Julia: Are we cool? By eating more PORK we are always cool; by the way welcome to the forum! You day is more Blessed having "jumped in and tested the water", it is either warm or cool depending on how high you wear your shoulder boards. I wear mine very high and they are tuff to knock off, but sometimes they'll slip a little if the postee is strong enough to stand the heat!

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

Julia · March 2004

Go CLEMPSON!

Hatchetman · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-18-04 AT 06:40PM (CST)[/font][br][br]In our government jurisdiction -- Los Angeles County -- here in California, our rules permit the public agency within the County jursdiction to suspend an employee without pay following indictment or formal criminal complaint for criminal charges and the final outcome of those charges (following trial or other legal resolution, e.g., plea).

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.

sonny · March 2004

Thank you all. Most helpful.

PS.. I think the Gators should have eaten more pork, PORK x:D

Beave · March 2004

Gee, ya think? x;-) What the heck were THEY thinking??? Same with MSU last night! Is this the year of UPSETS ? :-?

Pork · March 2004

NOW THAT IS WHAT I SEE AS THE APPROPRIATE course of action for any government action in this matter. This "suspend with pay" for an alledged happening that most likely is going to be correct; in my way of thinking is the way that all Cities and Counties should be set up! Hatchman, I like you post!

PORK

Gerri · March 2004

Even if you don't have a policy there are usually certain rules/laws that govern ethics in public service. I would check to see what your ethics laws are. You may be covered under those laws. It might be wise to place the employee on administrative leave until you have all of the information necessary to make a decision.

Pork · March 2004

OOPS AND MO' OOPS, it happened again and the "Bulldawgs" fail flat on their faces against a better team "xavior", who we had beaten in one of the first games of the young season. "GO BAMA, AND UNIV OF ALABAMA, BIRMINGHAM", they are rocking and maybe they'll meet in the final four. Just imagine two Alabama teams in the final four; these teams learned how to play the game on mud & dirt with a wooden basket on the barn wall for a goal!!!

PORK

Employee charged-Public Sector

Comments