HomeMy WebLinkAboutRexburg supervisrs 2021PUBLIC
EMPLOYMENT
THE FUN OF SUPERVISING
Jim McNall – ICRMP Risk Management Specialist
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Personnel Management
Role of the Governing Board
Adopt a personnel policy and keep updated
Adopt other policies such as:
Use of vehicles.
Purchasing – who, when, how much.
Computer usage to include internet and e-mail.
Adopt the budget to include salary/wage rates
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Supervisors create liability by:
Hiring the wrong person
Conduct background checks
Contact at least the listed references
Beware of those you know or think you know
Failing to properly train employees
Train on policies (incl. harassment), expectations, and details of the job
Document training received
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Supervisors create liability by:
Failing to properly supervise employees
Help employees succeed
Recognize and document deficiencies
Recognize misconduct and discipline appropriately
Failing to terminate those clearly unfit
When an employee proves they are unfit they are right
Supervisors especially need to recognize employees dangerous to themselves or others
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SUPERVISOR
One who supervises
Judged not on what they do but what they get others to do (or not do)
Represent the employer
Need to (do) set an example
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Facilitate strong networks of communication
Invest in time for nurturing relationships
Promote team-work
Conflict will happen – manage it!
Celebrate achievements
If you think it is “common sense”
You are usually wrong!
Generational Management
5 Tips
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Civility – Duty to Employer
WORK COOPERATIVELY AND CONSTRUCTIVELY
WITH FELLOW WORKERS AND MEMBERS OF THE PUBLIC TO PROVIDE PUBLIC SERVICE OF THE HIGHEST QUALITY AND QUANTITY. This is the first priority for all employees.
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Civility – Shall Nots
Engage in abusive conduct to fellow employees or to the public, or use abusive language in the presence of fellow employees or the public. Abusive language shall include profanity and
loud or harassing speech.
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Documenting
What is needed!
Don’t document what the employee did as much as…
Document what YOU did to correct the employee’s performance or behavior.
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If it isn’t written it didn’t happen
Or did it?
Needs to be timely (retaliatory?)
Needs to show fairness/balance
Always known to the employee
Don’t “paper the file”
Documenting
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Ethics Issues
Falsifying public records (timecards)
May include not doing work at work
Using information from work for personal use – even if it is not confidential
Gossip
Behavior off of work that impacts their ability to do the job or creates bad image
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$ Related Discipline
Notice of proposed action (Paid leave)
Detailed reasons for proposed action
Opportunity for hearing
Conduct hearing
Notice of decision
CYA and let us help!
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Any employment action or treatment based on protected class status:
Age, race, religion, gender, disability, national origin/skin color.
What might not be unlawful – but still not OK?
Unlawful Discrimination
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Harassment
Behavior targeting employees in protected classes.
Steps to protect from liability:
Have a policy and follow it
Provide training for all employees
All supervisors need additional training
Training should be in person (or live on line)
All allegations must be taken seriously
Elected officials and managers set the example
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Supervisors should:
Set a good example.
Be aware of what constitutes a complaint .
Know and follow your policy.
Report to the appropriate person.
Take action only when directed to do so after the investigation is completed. (exception – when someone is in danger)
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Help each employee succeed
Not get a complaint of harassment!
If you correct bad behavior when you see/hear it you are unlikely to ever get a report of harassment!
Practice receiving reports (mirror?)
Your Goal is to:
If
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Our most costly actions
Usually a matter of timing
Important to involve others in discipline, don’t go it alone
Retaliation and Whistleblowing
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Retaliation
Any action taken against an employee for using available benefits or process such as:
Vacation, sick leave, or FMLA leave
Using Work Comp benefits
Filing complaints of harassment or any other grievances allowed by law or policy
Filing a tort claim
Filing a lawsuit
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Idaho Code Title 6 Chapter 21.
6-2104. Reporting of governmental waste or violation of law - Employer action.
(1) (a) An employer may not take adverse action against an employee because the employee, communicates in good faith the existence of any waste of public funds, property or manpower,
or a violation or suspected violation of a law, rule or regulation adopted under the law of this state, a political subdivision of this state or the United States.
Whistleblower
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, an employee communicates in good faith if there is a reasonable basis in fact for the communication. Good faith is lacking where the employee knew or reasonably ought to have known
that the report is malicious, false or frivolous.
(2) (a) An employer may not take adverse action against ---participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or other form
of administrative review.
Whistleblower – Cont.
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It is all about timing.
If it’s really irritating it is probably protected.
Do not act alone – check in with others.
CYA
Whistleblower – only public employees.
Retaliation/Whistleblower
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Termination
The action most likely to lead to claims and litigation.
Always ask for assistance before terminating an employee.
Timing is critical, especially for retaliation claims.
Consider options – resignation, reassignment, severance.
Involve administration and legal counsel.
ICRMP offer of assistance – defense panel attorneys.
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Thanks for your time & attention!
Please don’t hesitate to call ICRMP if you have questions.
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