PROGRESSIVE DISCIPLINE AN OXYMORON
/Progressive Discipline an Oxymoron
By Lori Mambeli
The word progressive has a positive connotation, conveying an advancement or improvement. Discipline is negative, meaning control gained by enforcing obedience and punishment. Let’s face it, when it comes to progressive discipline, it is a process that is never the same because it’s unique to the specifics of each situation and unique to the rules of the agency, sometimes subjected to the biases of the disciplinarian. Disciplinary recommendations and decisions are often made unfairly or objectively because disciplinary decisions are subjective. They are subject to the biases of supervisors, administrators, investigators and the current climate of civilian expectations or the so-called court of public opinion. Someone’s favorable or unfavorable opinion of those under “discipline” will often influence the outcome as well as the politics associated with the work environment.
These influences apply even more so in the environment of law enforcement. How many times have you heard “It’s not personal?” What the hell does that mean? It’s always personal to those on the receiving end of discipline. In my case it meant, “It’s politics.” So, how does one deal with the politics of discipline? There are agency rules, Civil Service Rules, laws against discrimination, and employee union representation, which are all viewed through the “political” lens. Agency rules are there to protect the agency. Civil Service agencies are guided by Civil Service rules, known as the New Jersey Administrative Code. This code includes an outline of progressive discipline which should be followed when it comes to employee discipline. But agencies do not necessarily follow these rules.
It often begins with a minor discipline such as a verbal or written reprimand which may be made to sound like it’s nothing to worry about, but then before you know it, you find yourself in the middle of major discipline.
Make no mistake about it, minor discipline is the first step in the progression to major discipline and possible termination; you should pay attention to what is really going on. Did your infraction warrant the level of discipline or did you step on someone’s toes by something you said or did? A word of caution; there is no freedom of speech or action when it comes to the workplace, especially in law enforcement. All your words and actions are a reflection on your employer and have their consequences, even when made outside the workplace. After six years of basically an unblemished work history, my first warning that I had stepped on someone’s toes was when my annual work evaluation was changed to mediocre ratings and some areas classified as needing improvement, which was immediately followed by a discipline for a misspelled word on a report that I had filed. Not the content or sequence of events, but an obvious misspelled word. And instead of being asked to correct the misspelling, I was sent to four hours of retraining by my chief. Why? We’ll get to that.
First, I must say I was ignorant to the significance of what was beginning to happen. Has anyone ever successfully changed the ratings on an evaluation? Agency standards do not entitle an employee to a hearing for minor reprimands and union representation was not there. In fact, I was told in six months, I could have the minor discipline removed, which never happened. As in my case, most employees are made to believe they can’t or shouldn’t fight against discipline because it will only get worse.
They are convinced that it’s just not worth the time, effort, or cost to orchestrate a defense against an unwarranted discipline, especially a minor one. This is compounded by the facts that the appointing authority knows they have the upper hand. The courts and administrative system give the appointing authority wide latitude when it comes to discipline, and decisions are usually made in favor of the appointing authority. Most employees are not aware of the rules without the assistance of legal counsel and most employees do not have the financial resources to hire an attorney. Employees don’t know where to turn and who to trust for guidance. And then there is the fear of financial and emotional consequences that it may have on their lives, family, and work environment. Will they be made an example of by change of assignment, change of shift hours, being ostracized or suspended? Minor discipline is the first rung in the descending ladder of progressive discipline. For me, the next several rungs were pulled out of the ladder as high-ranking members of my agency tried to have me trip over the illusion that progressive discipline was used and I would lose the fight against the major discipline that followed. I didn’t. So what was my initial transgression? I ranked number one on the sergeant’s promotional exam and refused to sign off. I got in the way of their plans. “It’s Politics!”
Read the Attorney General Guidelines, and make yourselves familiar with progressive discipline, and most importantly, know your rights.
