1. LOS ANGELES COUNTY RETURN – TO – WORK Quarterly Seminar
PERFORMANCE MANAGEMENT
and RETURN-TO-WORK
Part 1: Getting Started
Presented by - Department of Human Resources
Civil Service Advocacy
D H R
Department of Human Resource
© County of Los Angeles July 19, 2012

2. OBJECTIVE
Increase your knowledge in the area of managing employee performance by utilizing appropriate performance management techniques, to include both informal and formal disciplinary processes

3. TOPICS OF DICUSSION Prevention Strategies and Tools – Informal
Progressive Discipline – Formal
Attendance and other Performance Management - Cross-Over Challenges
Next Steps…

4. DHR Civil Service Advocacy
To successfully represent County Departments
in Administrative Hearings
Advocacy services provided to Departments
Administrative Hearings
Matters before the CSC
Disciplinary Actions
Examination Appeals
Claims of Discrimination
Consultations
Letter Review
Training & Presentations

5. General Operating Principals…
Employees do not report to work
wishing to be:
Subjects of administrative investigations
Subjects of disciplinary actions
Testifying in evidentiary hearings

6. Why Discipline At All?
Do we have a problem employee or an employee with a problem…
Unacceptable pattern of behavior or performance.
Substandard conduct or performance – if left unchallenged – will become the revised standard.
“What you allow, you encourage”

7. Considerations for Discipline DUE PROCESS
Decision-Maker did not abuse his/her discretion to impose penalty, given the harm to the service and totality of the circumstances.
“The overriding consideration is the extent to which the employee’s conduct resulted in, or if repeated, is likely to result in harm to the public service.”
Skelly v. State Personnel Board, (1975)
Civil Service Assoc. v. Civil Service Comm. (1983)

8. PREVENTION STRATEGIES An Informal Approach
ONGOING DIALOGUE with employees to head off potential problems:
Clear expectations from the outset
Access to policies (manual and/or electronic)
Staff meetings (sign-in, agenda) & workplace postings (Dept. Mission)

9. PREVENTION STRATEGIES An Informal Approach
ONGOING DIALOGUE with employees to head off potential problems:
Proper monitoring during probationary periods
Active Listening / Coaching & Counseling
Constructive Feedback / GAP Analysis / Performance Evaluations

10. DOCUMENTATION… DOCUMENTATION… DOCUMENTATION …
Documenting unacceptable behavior or inadequate performance is critical to performance management and the discipline process
Employee Acknowledgement
Be specific – be factual, details are crucial
Be objective, constructive, not destructive
Drop or Area File is essential

11. DOCUMENTATION… DOCUMENTATION… DOCUMENTATION …
May already exist in several forms
Reflect what has been previously
communicated – no surprises
Don’t send mixed messages to staff
Consistency among relevant policy, practice,
duties & responsibilities
Documentation is discoverable!
NOTE

12. PREVENTION STRATEGIES & TOOLS
Informal Corrective Measures:
Training and Education
Verbal Coaching and/or Counseling
Written Counseling

13. PREVENTION STRATEGIES & TOOLS
Informal Corrective Measures:
Notice of Expectations…memo outlining
performance and behavior expectations
Medical Certification
Use of the Performance Evaluation
Plan for Improvement

14. * time to consult & engage with HR
Why Formal Discipline?
Informal attempts were ineffective
Improve performance or behavior
Morale of the unit
Productivity of the unit
Decrease potential for liability
* time to consult & engage with HR

15. PROGRESSIVE DISCIPLINE The Formal Approach
WRITTEN
WARNING
(Dept. Practice)
REPRIMAND
SUSPENSION
REDUCTION
DISCHARGE

16. Is the absenteeism in any way related to a “protected” leave?
ABSENTEEISM / TARDINESS - CROSS OVER CHALLENGES
Is the absenteeism in any way related to a “protected” leave?
YES
POSSIBLY NO
Involve HR
Document
Discuss
Involve HR
Document
Discuss
Interactive
Confirm expectations
Explore options (fitness for duty)
Don’t ignore - Use caution
Document
Discuss
Use policies to discipline

17. Cross Over issues / concerns
Sharing information with those who have a need to know is not necessarily violating confidentiality
Matters taking separate tracks or bifurcated efforts by Department – avoid silo effect
Medical, Accommodation vs Perf. Mgmt.
Skelly Meeting – not an IPM…

18. Be Aware in deciding discipline…
Issues in mitigation...
Managements actions can affect disciplinary
options and outcomes
s and correspondence - language (PEs)
s are not an alternative for communicating expectations or
discipline
Moving employees & reassignments
Fair treatment to all - avoiding claims of disparate treatment or
retaliation
Progressive Discipline not used
Delays in taking action...

19. D H R Policies, Procedures and Guidelines (PPGs)
PPG No. 530 – Managing Sick Leave
PPG No. 531 – Attendance
PPG No. 601 – Return to Work
PPG No. 900 – Due Process or “Skelly” Meetings
PPG No. 910 – Employees’ Cooperation in the Administrative Investigation Process

20. D H R Policies, Procedures and Guidelines (PPGs)
PPG No. 210 – Employment Files
PPG No. 512 – Professional Appearance in the Workplace
PPG No. 620 – Workplace Violence/Threat Management
PPG No. 514 – Designation of Sensitive Positions and Requirements for Criminal History Information

21. Key Points Act consistent with your level of concern
Even-handed, consistent and well-published expectations (e.g., Code of Conduct, Discipline Guidelines, etc.) can be preventive, increase retention, and maintain morale.
Poor Documentation = Poor Disciplinary Action
Administrative actions are organizational efforts to enforce its stated mission and values.
Effective advocacy leads to external validation of internal decision-making.
REMEMBER

22. Considerations for Discipline DUE PROCESS
Decision-Maker did not abuse his/her discretion to impose penalty, given the harm to the service and totality of the circumstances.
“The overriding consideration is the extent to which the employee’s conduct resulted in, or if repeated, is likely to result in harm to the public service.”
Skelly v. State Personnel Board, (1975)
Civil Service Assoc. v. Civil Service Comm. (1983)

23. Susan D. Fowler, Senior Advocate
DHR Advocacy 213/
Susan D. Fowler, Senior Advocate
Michael A. Seward, Lead Advocate
Rodney Collins, Senior Advocate