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Rules, Discipline, and Conflict Resolution KMUD Disciplinary Policy
Rules, Discipline, and Conflict Resolution KMUD Disciplinary Policy 
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| KMUD Disciplinary Policy |
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With three transmitters in operation, KMUD serves several counties in Northwestern California. KMUD is owned and operated by Redwood Community Radio, Inc. a non-profit corporation. We've been broadcasting since May 28, 1987. Our programming (90% of which is produced locally) includes music of all kinds (roughly 75% of airtime); news of the region and beyond; public affairs and call-in talk shows. KMUD is composed of over one hundred and twenty volunteer programmers and six full-time staff. DISCIPLINARY POLICY Approved by the Board of Directors on 3/23/04. Although KMUD respects liberty and allows wide discretion in programming and other KMUD related activities in order to promote creativity and preserve individuality and diversity, there are certain rules and regulations that must be honored by participants in KMUD activities. We need to set a basic threshold standard of conduct in order to produce great radio and meet the standards imposed upon us by various government agencies. Although the rules primarily pertain to programmers, they apply to all volunteers and participants in KMUD activities. The rules for programmers are stated on the Programmer’s Agreement. The rules for non-programming volunteers are stated in the Volunteer’s Agreement. Copies of either are available to the public upon request. The rules are not necessarily exhaustive, and KMUD reserves the right to pursue disciplinary action against any individual who violates any law, or acts in a manner that is unduly disruptive, destructive, or obstructive in the station’s efforts to provide good community radio regardless of whether the behavior in particular is specifically prohibited in any posted or printed rules. For example, fighting on KMUD property is obviously prohibited although it’s not specifically mentioned on the Programmer’s Agreement or Volunteer’s Agreement. Common sense tells us that most if not all the conduct in question is off-limits.” The following process exists for the protection of individuals from unfair or arbitrary actions on the part of management, and to avoid undue politicization of the disciplinary process. Further protections are provided by KMUD’s Problem Solving Procedure, which is also available upon request. A. Friendly corrective measures Most disciplinary matters should be resolved simply by verbal correction, consisting of suggestions as to how to improve performance, or a warning depending on the nature of the transgression or omission. A verbal correction is not in itself a punishment and does not go into any individual’s file. Whenever reasonable, a verbal correction will be favored over all other forms of discipline. Obviously the friendly process will be inadequate in either of the following situations: 1) When the transgressive behavior is repeated despite verbal corrections and warnings. 2) When the transgression is so serious that it requires a more decisive response. B. Written notice In the event that verbal correction is inadequate, a written notice will follow with the demand for a behavior change. Dated when issued by management, the individual is asked to sign the notice (as a receipt only - not as an acknowledgment of wrongdoing). If the notice is mailed, a self-addressed stamped envelope shall be enclosed with the notice. The written notice shall set out: 1) A clear account of the problem; 2) A plan for improvement; and 3) A time period for correction. A simply warning that the next transgression will result in further disciplinary action will do] when appropriate to the circumstances. Any subsequent written notice, consistent with the stated time frame, will then serve as a notice of specific disciplinary action, if any. After a reasonable amount of time an individual may ask that the notice(s) be removed from the individual’s file. The management team shall have discretion with regard to all such requests. An individual may inspect his or her file. C. Suspension/Banning/Probation/Other serious action In the event that verbal and written warnings do not result in corrective behavior on the part of the individual in question, the management shall hold a hearing including all of the management team. The individual shall be given at minimum one week notice of the hearing and shall be allowed to be present at all stages of any disciplinary proceeding. The one week notice is a bare minimum standard for urgent situations, and every effort shall be made to provide adequate notice for the individual to present her/his case, and to notify material witnesses. Continuances shall be granted upon request of the individual unless the management team determines that the urgency of the matter warrants a denial thereof (this decision may be appealed to the Board pursuant to the procedure outlined below). The individual may bring supportive witnesses, passive listeners, and/or recording devices to any hearing at any stage of the process. All parties attending must sign and abide by the Problem Solving Procedure. D. Immediate suspension In cases of severe misconduct any member of the management team may be excused from offering corrective measures or issuing warnings, and may issue immediate suspension of the individual and discharge him/her from her/his responsibilities with KMUD until a proper hearing can be held. Generally, such behavior would be of the kind that is an imminent hazard to people, property, or the existence of the station. This would include, but not be limited to: 1) Knowing airing material which could be considered "obscene" by FCC guidelines 2) Theft, willful destruction, or misappropriation of station property 3) Physical assault or excessive verbal abuse of another person on station premises or at a station sponsored event 4) Unsanctioned interference with a broadcast (i.e. yelling into an on-air studio) 5) Being impaired from the use of alcohol or other controlled substance while on air 6) Defamatory or other comments on the air that could open the station to liability 7) Failure to appear for scheduled programming without prior discussion with the Program Director. 8) Clearly felonious actions and other dangerous or destructive behavior requiring a strong, immediate response E. Right to appeal Any individual who has been subjected to disciplinary action has a right to appeal. The most obvious and quickest step is to ask management for reconsideration at a special hearing to take place within two weeks of your request. You can ask your staff representative to the Board or to the Personnel Committee to be present on your behalf (if applicable). If no resolution is forthcoming, the issue can be appealed to the Personnel Committee who will meet within two weeks of the request in closed session and render a decision in a timely manner. Its decision will be binding pending further appeal to the Board by either party. The Personnel Committee shall recommend that your appeal be granted if they find the disciplinary action to be: 1. factually unsubstantiated 2. without basis in policy 3. in violation of procedure 4. otherwise in basic violation of principles of fairness G. Inclusive disciplinary process This process is applicable to any person participating at KMUD, whose behavior is deemed in need of correction or discipline, not excluding Board members or Management. This process may be initiated as part of the Problem Solving Procedure. However, when Board members or Management are facing discipline, no decision of the Personnel Committee may be implemented without the concurrence of the Board, regardless of whether it is appealed by either party. H. Board’s power of last resort Ultimately the issue may be placed before the Board, which will in closed session take whatever action is deemed necessary. I. Assorted issues The burden of proof shall be on the management to justify the discipline throughout the process, meaning that if management or witnesses in support of the disciplinary action do not show up to the noticed hearing, the matter must either be continued (once and once only) or dropped. Management, the Personnel Committee, and the Board shall keep all disciplinary matters confidential, unless the individual waives that confidentiality by issuing public statements requiring measured response from the Board. In lieu of the process outlined above, the parties may agree to mediation, which is deemed preferable as a matter of policy, whenever realistic. Individuals may be held responsible for the behavior of guests, authorized or unauthorized, particularly if there is an ongoing problem. |
