Utah Admin. Code R477-11-1 - Disciplinary Action
(1) Management may
discipline any employee for any of the following causes or reasons:
(a) noncompliance with these rules, agency or
other applicable policies, including safety policies, agency professional standards,
standards of conduct, and workplace policies;
(b) work performance that is inefficient or
incompetent;
(c) failure to maintain
skills and adequate performance levels;
(d) insubordination or disloyalty to the orders of
a superior;
(e) misfeasance,
malfeasance, or nonfeasance;
(f) any
incident involving intimidation, physical harm, or threats of physical harm against
coworkers, management, or the public;
(g) the employee no longer meets the requirements
of the position;
(h) conduct, on or off
duty, which creates a conflict of interest with the employee's public
responsibilities or impacts that employee's ability to perform job
assignments;
(i) failure to advance the
good of the public service, including conduct on or off duty which demeans or harms
the effectiveness or ability of the agency to fulfill its mission;
(j) dishonesty; or
(k) misconduct.
(2) Management shall consult with DHRM before
disciplining an employee.
(3)
Disciplinary actions for career service employees are governed by principles of due
process and Section 63A-17-306. When administering a disciplinary action, management
shall:
(a) notify the employee in writing of the
proposed discipline, the reasons supporting the proposed action, and the right to
reply within five working days;
(b)
grant the employee at least five working days to reply;
(c) consider any timely reply before imposing
discipline; and
(d) impose any
discipline in accordance with these rules.
(4) After complying with Subsection (3) for a
career service employee or for any career service exempt employee not subject to the
same procedural rights, management may impose:
(a)
a written reprimand;
(b) a suspension
without pay up to 30 calendar days per incident requiring discipline;
(c) a demotion as defined in Rule R477-1 and in
accordance with Section
R477-11-2;
or
(d) a dismissal in accordance with
Section
R477-11-2.
(5) Management shall notify the employee in
writing of the discipline, the reasons for the discipline, the effective date, and
length of the discipline when the discipline is imposed.
(6) Management shall notify any career service
employee that the imposed disciplinary action is subject to the grievance
procedures, except under Section
67-19a-402.5.
Notes
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