CHAPTER 12 – DISCIPLINE; CORRECTIVE ACTIONS; SEPARATIONS
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."
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.
12.9 Improvement Letters.
(a) An appointing authority 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 an improvement 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, an improvement letter can be used to support the severity of future discipline, but only if the letter advised the employee that the letter would be used for this purpose and advised the employee of his right to respond.
(d) An improvement 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.
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) [Repealed effective 7/9/08]
(d) A suspension pending investigation is not discipline and is only appealable under Rule 13.10(b) or (c).
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.