TDD# 1-800-846-5277
STATE OF
DEPARTMENT OF STATE CIVIL SERVICE
BATON ROUGE,
May 8, 2008
General Circular No. 1728
To: Heads of State Agencies and Human Resource
Directors
Subject: Proposed
Amendments to Chapter 12 – Discipline, Corrective Actions; Separations;
proposed adoption of Rule 1.09.03 – Conduct defined
Issue Date: May 8, 2008
The State Civil Service
Commission will hold a public hearing on Wednesday, July 9, 2008, to consider
proposed amendments to Chapter 12 and proposed Rule 1.09.03. The hearing will
begin at 9:00 a.m. and will be held in the Louisiana Purchase Room of the
Claiborne Building, 1201 North Third Street, Baton Rouge, Louisiana.
Consideration will be given
to the following:
Explanations are in blocks; *** designates a
substantive change
CHAPTER 12 – Discipline; Corrective Actions;
Separations
12.1 Authority to Discipline, Remove, and Separate.
An appointing authority may discipline, remove, or
separate an employee under his or
her jurisdiction.
Changes the focus;
empowers.
12.2 Separation of Non-Permanent Employees; Cause Required to
Discipline or Remove Permanent
Employees.
(a)
An
appointing authority may separate a non-permanent employee at any time.
(b)
An
appointing authority may discipline or remove a permanent employee for
cause.
Addresses non-permanent employees; moves discipline to next rule.
12.3 Discipline; Restrictions.
(a) ***Discipline includes only:
suspension without pay, reduction in pay, involuntary
demotion, and dismissal.
(b) ***A suspension without pay cannot exceed
176 work hours except under Rule
12.5 or as ordered or agreed to under Chapter 13 or Chapter 16.
(c) A
reduction in pay cannot reduce an employee’s pay below minimum wage or below
the pay range minimum.
(a) Eliminates reassignments as discipline. (“Reassignment” is defined
as a move from one position to another position with a different classification
with the same pay range maximum.) Currently, a reassignment can be
administrative (Rule 8.16) or discipline (Rule 12.2); the ambiguity causes
problems. Because a reassignment does not impact an employee’s pay, it fits
better as an administrative action.
(b) Converts calendar days to work hours to coincide with electronic
systems reporting. Reduces the length of a disciplinary suspension from 90
calendar days to 176 work hours because: few agencies use long suspensions; a
long suspension is inconsistent with the purpose of discipline - reformed
behavior; the possibility of a 90-day suspension instills an expectation that
an employee cannot be fired until he or she is first suspended for a long time;
and cause justifying a 90-day suspension would be cause for dismissal.
12.4 ***Emergency Suspensions. [Repeal]
Rarely used; can only last for the duration of the emergency and then
the agency is faced with what to do with the employee while processing the
dismissal; suspension pending investigation is the better tool.
12.5 Suspension Pending Criminal Proceedings.
(a)
With prior Commission approval, an appointing
authority may suspend a permanent employee, without pay, pending criminal
proceedings when an indictment or bill of information has been filed against
the employee for conduct that, if proved, would be cause for dismissal and the
appointing authority cannot obtain sufficient information to initiate dismissal
proceedings.
(b)
An appointing authority’s request for approval of a
suspension under this rule must explain why the conduct would be cause for
dismissal, why the employee cannot be allowed to work in any capacity, and why
sufficient information to initiate dismissal proceedings cannot be obtained.
The request must also include documentation that an indictment or bill of
information has been filed.
(c)
Before approving a suspension under this rule, the
Commission must furnish the employee a copy of the appointing authority's
request and a reasonable opportunity to respond.
(d)
***A permanent employee suspended under this rule must
be given written notice before the time the suspension begins. This
notice must comply with Rule 12.8 to the extent possible.
Amends the rule to match the practice; moves the notice requirements to
the rule; makes the time of the notice the same as for any other discipline.
12.6 Non-Disciplinary Removals – no change
12.7 Notice of Proposed Action; Employee’s
When an appointing authority proposes to
discipline or remove a permanent employee,
the employee must be given oral or written notice of the proposed action, the
factual basis for and a description of the evidence
supporting the proposed
action, and a
reasonable
opportunity to respond.
Changes the title to avoid confusion; rewords for clarity.
12.8 Written Notice to Employee of Discipline or Removal.
When an appointing authority decides to discipline
or remove a permanent employee,
the employee must be given written notice of the action being taken before
the
time the
action becomes effective. The written notice must:
(a)
state what action
is being taken and the date and time the action will become effective;
(b)
describe in
detail the conduct for which the action is being taken including, where
pertinent, dates, times, places, and names of persons directly involved in or
affected by such conduct (unless their identities are protected by law, in
which case, identification may be made as permitted by law);
(c)
***contain the following notice: "You
have the right to appeal this action to the State Civil Service Commission
within 30 calendar days following the date you receive this notice. The appeal
procedure is contained in Chapter 13 of the Civil Service Rules, which is
available from the Department of State Civil Service or your Human Resource
office."
Clarifies the title; moves the notice
provisions for suspensions pending criminal proceedings to the substantive
rule; notice requirement incorporates time limits for appeal and location of
the Civil Service Rules.
12.8.1
Giving Written
Notice.
Written notice is considered given
(a) when it is hand delivered to the employee or
(b) when it is hand delivered to a person of suitable age
and discretion who resides with the employee or
(c) on the 7th calendar day after it was mailed with correct
postage to the employee’s most recent address furnished in writing or
electronically to the agency’s human resource office.
Makes this a separate rule so it will apply to all
notices under the Chapter.
12.9 Supervisory Letters.
(a)
***Supervisors
may issue letters (such as warnings, counseling, coaching, reprimands,
supervisory plans, etc.) to attempt to improve an employee’s conduct.
(b)
An employee may
respond in writing to a supervisory letter. The employee’s response must be
attached to each copy of the letter kept by the agency.
(c)
***If the same or
similar conduct recurs, a supervisory letter can be used to support the
severity of future discipline, but only if the letter advised the
employee that it would be used for this purpose and advised the employee of his
right to respond.
(d)
A supervisory
letter is not discipline, is only appealable under
Rule 13.10(b) or (c), and may not be included in any publicly accessible
personnel record until used to support future discipline.
(a)
Codifies that supervisory letters need not be initiated by an appointing
authority.
(c) Codifies CSC decisions
concerning using letters for penalty enhancement, but
ensures that the
letters cannot be used for penalty enhancement without the employee
being so advised.
12.10 Suspension Pending
Investigation.
(a) An appointing authority may orally suspend a permanent
employee who is suspected of conduct that, if confirmed, would warrant
discipline or removal and the employee's continued presence at work during the
investigation and subsequent administrative proceedings would be contrary to
the best interests of state service. The employee must be told that he is being
suspended with pay and the general nature of the conduct being investigated.
(b)
***A suspension
pending investigation must be with pay and cannot exceed 260 work
hours. Enforced compensatory or enforced annual leave cannot be used for this
260-hour period.
(c)
*** [Repeal]
(d)
A suspension
pending investigation is not discipline and is only appealable under Rule
13.10(b) or (c).
(b) Incorporates the Munson rule
disallowing forced annual or compensatory leave for investigative purposes;
takes the Director out of the process (to avoid unnecessary conflict with the
appointing authorities); empowers the agency to suspend pending investigation
for up to (roughly) 45 calendar days.
(c) Eliminates the report on the outcome of the investigation to the
Director because the
information is not
used.
12.11 Resignations.
(a)
An employee’s
oral or written resignation becomes effective on the date and time specified by
the employee. An oral resignation must be documented by the person receiving
it.
(b)
***An employee
may not withdraw or modify the resignation after the appointing authority
accepts it, unless the appointing authority agrees.
(c)
When, after
receiving notice that dismissal has been proposed, an employee resigns to avoid
dismissal, the resignation must be reported as such.
Eliminates unnecessary words; allows a resignation to be rescinded
after the effective date (with Civil Service approval under Rule 15.10).
New
definition:
1.9.03
“Conduct” includes any act, omission, physical
condition, legal status, element of behavior, or element of performance.
Persons interested in making
comments relative to these proposals may do so at the public hearing or by
writing to the Director of the Department of State Civil Service at Post Office
Box 94111,
If any accommodations are
needed, please notify the Department of State Civil Service at (225) 342-8272
prior to the meeting.
Sincerely,
s/
Director