1. Counseling Sessions and Confirmation Memos 101
Today’s topic is Counseling Sessions and Counseling Confirmation memos and how they fit into the disciplinary process.
Counseling Sessions and Confirmation Memos 101

2. Counseling Sessions
Counseling sessions are meetings between a supervisor and employee to discuss performance issues
Can some of you share your experience with counseling sessions? When do you have counseling sessions? What are some of the common reasons you have them with employees.

3. Counseling Confirmation Memos
….document the issues discussed in a counseling session.
…are proof of a supervisors honest attempt to address performance problems.
How many of you have written counseling confirmation memos? What is your experience? In most instances would you say it resolves the problem?

4. Two outcomes…either pave the way for improvement or, when unavoidable, form a basis for disciplinary action.
We all hope that a counseling session resolves the problem. What is your experience?

5. Confirmation memos establish a record of performance issues
Confirmation memos establish a record of performance issues. This record is very important if it becomes necessary to discipline an employee.
Counseling memos can also be important background info when preparing annual reviews. If an employee has had counseling, the issue should be mentioned in the performance review as well as the employee’s progress in remedying the issue.

6. The counseling session……can feel like this…
The counseling session……can feel like this….although, sometimes it’s hard to tell who is the mouse and who is the tiger!

7. The Counseling Session
Employee and Supervisor
Private
Use draft memo as an outline/agenda for discussing the issue
Employees do not have a right to representation in a counseling session. However, if you set a meeting and they ask to have a rep a rep can sit in. However, the rep can only observe. By preparing a draft memo, you can easily note the employee’s input, edit the memo to reflect the acutal content of the session, and provide a copy of the memo within a day or two of the actual counseling session.

8. Confirmation Memo Contents
When, Where, and Why
Rules violated
Remedy
Employee Input
MOA reference and info as to who will retain the memo and how long it will be kept.
There are five sections to a confirmation memo.

9. This memo is to confirm our counseling session held on <date> at <location>.) concerning …………….. As you are aware, the above mentioned acts and/or omissions are violations of the following <County or Departmental Rules> …………………….. The above will be corrected in the following manner: …………………………….. During our counseling session you stated:………………………………………… As per Section < > of the MOA between this County and < >, this memo will not be automatically placed in your personnel file, but rather, it will be kept by me and/or the department/agency personnel officer. This memo will be retained for either two (2) years or until I am sure that the improper act(s) and/or omission(s) mentioned above will not be repeated, whichever occurs first. You are to sign this memo to verify that the above was discussed with you on the referenced date. Your signature does not necessarily indicate agreement, but only that the counseling took place; that this memo is to confirm that counseling; and that you have received a copy of this memo. ____________________________________ Subordinate’s name (Date)
This is the language of a counseling memo.

10. We need to be able to prove that the employee was notified of rules and expectations
Employee was progressively counseled up to the point where the decision has been made to impose discipline
Before we cross the line between counseling and discipline…

11. Although counseling memos can provide the foundation upon which employee discipline rests, they are not disciplinary actions in themselves.
Counseling memos are not a part of the Employees regular employment files unless they become an addendum to a disciplinary action.
Counseling Memos document discussions regarding performance issues prior to initiation of any disciplinary actions. Counseling sessions and counseling memos document a supervisors efforts to address performance issues.

12. - Performance evaluation - Counseling session/memo - Written reprimand - Reduction in pay/suspension - Demotion - Termination
Actual disciplinary actions start with written reprimands. We want the issues to be resolved at the performance evaluation and/or counseling stage.

13. Important Note:
In arbitrated disciplinary actions, supervisor’s are “star witnesses.” Counseling sessions and memos (along with performance reviews) document the supervisor’s efforts to inform the employee of performance problems
The disciplinary process requires that inform employees that problems exist; they have a right to know about the problem and make an effort to correct the problem before being subjected to formal disciplinary action.