12.1    Authority to Discipline, Remove, and Separate. 

            An appointing authority may discipline, remove, or separate an employee under his or her jurisdiction. 

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.

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.            

12.4    Emergency Suspensions. [Repealed 7/9/08]            

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.  

12.6    Non-disciplinary Removals.

(a) An employee may be non-disciplinarily removed under the following circumstances:

1.      When, on the date the notice required by Rule 12.7 is mailed, hand delivered, or orally given, the employee is unable to perform the essential functions of his job due to illness or medical disability and has fewer than eight hours of sick leave.  An employee removed under this provision shall be paid for all remaining sick leave.

2.      When, after the employee has been given written notice that his attendance requires improvement and copy of this rule, an employee has seven or more unscheduled absences during any consecutive twenty-six week period.  The employee shall also be given written notice each time he incurs a sixth unscheduled absence during a consecutive twenty-six week period.  An unscheduled absence occurs when an employee is absent from work without having obtained approved leave prior to the absence.  Approval of leave, after the fact, to cover an unscheduled absence shall not prevent the absence from being considered unscheduled.  A continuous absence for the same reason is one unscheduled absence, regardless of its duration.
 

3.      When, as a result of conduct that was not work related, the employee fails to obtain or loses a license, commission, certificate or other accreditation that is legally required for the job.
 

4.      When the employee holds more than one position in the state service and the multiple employment causes an employing agency to be liable for overtime payments under the Fair Labor Standards Act and, after having been provided the opportunity to do so, the employee has refused to resign from one of the positions.
 

5.      When there is cause for dismissal, but the cause is not the employee's fault.

12.7    Notice of Proposed Action; Employee’s Opportunity to Respond. 

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.

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