Except as otherwise provided, in addition to less severe
progressive discipline measures, any employee is subject to any of the
following disciplinary actions when the action is based on a standard of just
cause: suspension, reduction of pay within the same pay grade, disciplinary
demotion, or discharge. Disciplinary action involving employees covered by
collective bargaining agreements shall be in accordance with the provisions of
the agreement, if any. Disciplinary action shall be based on any of the
following reasons: inefficiency, insubordination, less than competent job
performance, refusal of a reassignment, failure to perform assigned duties,
inadequacy in the performance of assigned duties, dishonesty, improper use of
leave, unrehabilitated substance abuse, negligence, conduct which adversely
affects the employee's job performance or the agency of employment, conviction
of a crime involving moral turpitude, conduct unbecoming a public employee,
misconduct, or any other just cause.
(1) Suspension.
a.
Suspension pending
investigation. An appointing authority may suspend an employee for up
to 21 calendar days with pay pending an investigation. A suspension pending
investigation may be extended with approval from the director. If, upon
investigation, it is determined that a suspension without pay was warranted as
provided in subparagraph 60.2(1)"b"(1) below for an employee
covered by the premium overtime provisions of the Fair Labor Standards Act, the
appointing authority shall recover the pay received by the employee for the
imposed period of suspension without pay.
b.
Disciplinary suspension.
An appointing authority may suspend an employee for a length of time considered
appropriate not to exceed 30 calendar days as provided in either subparagraph
(1) or (2) below. A written statement of the reasons for the suspension and its
duration shall be sent to the employee within 24 hours after the effective date
of the action.
(1) Employees who are covered
by the premium overtime provisions of the federal Fair Labor Standards Act may
be suspended without pay.
(2)
Employees who are exempt from the premium overtime provisions of the federal
Fair Labor Standards Act will not be subject to suspension without pay except
for infractions of safety rules of major significance, and then only after the
appointing authority receives prior approval from the director. Otherwise, when
a suspension is imposed on such an employee, it shall be with pay and shall
carry the same weight as a suspension without pay for purposes of progressive
discipline. The employee will perform work during a period of suspension with
pay unless the appointing authority determines that safety, morale, or other
considerations warrant that the employee not report to work.
(2) Reduction of pay
within the same pay grade. An appointing authority may reduce the pay of an
employee who is covered by the overtime provisions of the federal Fair Labor
Standards Act to a lower rate of pay within the same pay grade assigned to the
employee's class for any number of pay periods considered appropriate. A
written statement of the reasons for the reduction and its duration shall be
sent to the employee within 24 hours after the effective date of the action,
and a copy shall be sent to the
director by the appointing authority at the
same time.
Employees who are exempt from the overtime provisions of the
federal Fair Labor Standards Act will not be subject to reductions of pay
within the same pay grade except for infractions of safety rules of major
significance, and then only after the appointing authority receives prior
approval from the director.
(3) Disciplinary demotion. A disciplinary
demotion may be used to permanently move an employee to a lower job
classification. A temporary disciplinary demotion shall not be used as a
substitute for a suspension without pay or reduction in pay within the same pay
grade. An employee receiving a disciplinary demotion shall only perform the
duties and responsibilities consistent with the class to which demoted. An
appointing authority may disciplinary demote an employee to a vacant position.
In the absence of a vacant position, the appointing authority may effect the
same disciplinary result by removing duties and responsibilities from the
employee's position sufficient to cause it to be reclassified to a lower class.
A written statement of the reasons for the disciplinary demotion shall be sent
to the employee within 24 hours after the effective date of the action, and a
copy shall be sent to the
director by the appointing authority at the same
time.
No disciplinary demotion shall be made from one position
covered by merit system provisions to another, or from a position not covered
by merit system provisions to one that is, until the employee is approved by
the director as being eligible for appointment. Disciplinary demotion of an
employee with probationary status to a position covered by merit system
provisions shall be in accordance with rule
11-58.2 (8A).
An agency may not disciplinarily demote an employee from a
position covered by merit system provisions to a position not covered by merit
system provisions without the affected employee's written consent regarding the
change in coverage. A copy of the consent letter shall be forwarded by the
appointing authority to the director. If the employee does not consent to the
change in coverage, a reduction in force may be initiated in accordance with
these rules or the applicable collective bargaining agreement
provisions.
(4) Discharge.
An appointing authority may discharge an employee. Prior to the employee's
being discharged, the appointing authority shall inform the employee during a
face-to-face meeting of the impending discharge and the reasons for the
discharge, and at that time the employee shall have the opportunity to respond.
A written statement of the reasons for the discharge shall be sent to the
employee within 24 hours after the effective date of the discharge, and a copy
shall be sent to the director by the appointing authority at the same
time.
(5) Termination for failure
to meet job requirements. When an employee occupies a position where a current
qualification for appointment is based upon the required possession of a
temporary work permit or on the basis of possession of a license or
certificate, and that document expires, is revoked or is otherwise determined
to be invalid, the employee shall either be removed from the payroll for
failure to meet or maintain license or certificate requirements, or otherwise
appointed to another position in accordance with these rules. This action shall
be effective no later than the pay period following the failure to obtain,
revocation of, or expiration of the permit, license, or certificate.
When an employee occupies a position where a current
qualification for appointment is based upon the requirement of an approved
background or records investigation and that approval is later withdrawn or
unobtainable, the employee shall be immediately removed from the payroll for
failure to maintain those background or records requirements or may be
appointed to another position in accordance with these rules.
(6) Appeal of a suspension, reduction of pay
within the same pay grade, disciplinary demotion or discharge shall be in
accordance with 11-Chapter 61. The written statement to the employee of the
reasons for the discipline shall include the verbatim content of 11-subrule
61.2(6).
