256 – Employee Reinstatement
I. Purpose
The Harris County Sheriff’s Office (HCSO) may impose, as a disciplinary action, the termination of an employee upon the final outcome of a misconduct investigation. Termination protects the operational integrity and high ideals of the HCSO from those few persons whose actions or omissions show that they should no longer be associated with the HCSO. Upon termination of employment, an employee has the right to appeal a disciplinary action to the Civil Service Commission per Sheriff’s Civil Service Regulations, Rule 12.04.
A. The Civil Service Commission may, in rendering a final decision regarding a disciplinary action by the department, only sustain, overturn, or reduce the disciplinary action.
B. The Commission may not enhance a disciplinary action by the department.
C. The Commission may grant the relief requested by the appeal and reinstate the employee.
D. Reinstatement may include but is not limited to:
1. Placement in the job assignment held by the employee at the time of the disciplinary action,
2. No loss of benefits, or
With payment of all back wages and salary
II. Policy
This policy shall establish the guidelines and procedures for reinstatement of an employee upon a Civil Service Commission’s decision to overturn a disciplinary action termination
III. Definitions
Disciplinary Action: A personnel order imposing disciplinary sanctions in response to substantiated allegations of employee misconduct that results in loss of monetary benefits or direct compensation. See Harris County Civil Service Regulations, Rule 12.
Termination of Employment: An employee who has been discharged from employment due to any sustained disciplinary actions or criminal charges.
IV. Procedures
A. Upon receipt of a written order to reinstate a former employee into HCSO, the employee will be subject to successfully complete all of the following requirements as a condition of reinstatement.
1. Evaluation of the employees’ qualifications to determine if he or she meets the requirements to return to the previous position, or similar if previous position is not available.
a. Active/Current License and/or Certification if required for classification.
b. Physical Abilities Test for Certified personnel.
c. Specific pre-employment testing to assess skill set.
2. Backgrounds Investigation:
A Computerized Criminal History (CCH) investigation and credit check shall be conducted.
3. Physical and Psychological evaluation will be required for TCOLE Certified personnel. Employees returning to certified positions will be granted one opportunity to successfully complete and pass the following evaluations, TB Test and Drug Screening:
a. Psychological Evaluation:
i. The psychological evaluation must be performed at the returning employee’s choice of contracted HCSO TCOLE authorized Psychologists at the expense of the HCSO.
ii. Evaluation results will be mailed directly to the Human Resources (HR) Division.
iii. A HR Representative will contact the returning employee regarding results.
b. Physical Evaluation:
The Physical Evaluation must be performed at the employee’s choice of contracted HCSO Occupational Clinics at the expense of the HCSO.
c. TB Test and Drug Screening:
i. The TB Test and Drug Screening must be performed at the employee’s choice of contracted HCSO Occupational Clinics at the expense of the HCSO.
ii. The TB Test consists of a skin swab that requires you to return to the clinic forty-eight (48) hours later.
NOTE: The Occupational Clinics will submit test results directly to the employee tested. The returning employee can fax or email results to HR and must bring all original results to the HCSO HR Office at 1200 Baker St.
4. Firearms qualifications will be required of sworn personnel.
5. Substance abuse testing:
a. Employees shall be subject to substance abuse testing regardless of the position previously held.
b. Substance abuse testing must be conducted within three days from the scheduled reinstatement date.
Revision
This policy has been revised on the below listed dates:
May 7, 2019
June 30, 2021