Md. Code Regs. 17.04.05.04

Current through Register Vol. 51, No. 9, May 3, 2024

Section 17.04.05.04 - Disciplinary Actions Relating to Employee Misconduct

A. Scope. This regulation applies to an employee in the skilled and professional services. This regulation does not apply to an employee under special appointment.

B. An employee may be disciplined for engaging in any of the following actions:

(1) Being negligent in the performance of duties;

(2) Engaging in intentional misconduct, without justification, which injures another person, causes damage to property, or threatens the safety of the work place;

(3) Being guilty of conduct that has brought or, if publicized, would bring the State into disrepute;

(4) Being unjustifiably offensive in the employee's conduct toward fellow employees, wards of the State, or the public;

(5) Violating a provision of State Personnel and Pensions Article, Title 2, Subtitle 3; Title 15; or §9-607; Annotated Code of Maryland;

(6) Stealing State property with a value of $300 or less;

(7) After notification, continuing to engage in another business, trade, or occupation, which conflicts with the employee's position, or which prevents the employee from satisfactorily performing the duties of the employee's position;

(8) Engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality;

(9) Causing damage to public property or wasting public supplies through negligence, recklessness, or willful conduct;

(10) Willfully making a false official statement or report;

(11) Knowingly assisting another in conduct that is a violation of State Personnel and Pensions Article, Annotated Code of Maryland, the regulations in this chapter, or any other lawful agency policy;

(12) Violating a lawful order or failing to obey a lawful order given by a superior, or engaging in conduct, violating a lawful order, or failing to obey a lawful order which amounts to insubordination;

(13) Engaging in discrimination prohibited by law;

(14) Using leave contrary to law or policy; or

(15) Committing another act, not previously specified, when there is a connection between the employee's activities and an identifiable detriment to the State.

C. The actions in §B of this regulation are in addition to the automatic causes for termination enumerated in State Personnel and Pensions Article, § 11-105, Annotated Code of Maryland.

D. Before an employee may be disciplined for conduct-related reasons, the appointing authority shall:

(1) Notify the employee of the misconduct and provide an explanation of the employer's evidence;

(2) Investigate the alleged misconduct;

(3) Meet with the employee, unless the employee is unavailable or unwilling to meet;

(4) Consider any mitigating circumstances;

(5) Determine the appropriate disciplinary action, if any, to be imposed; and

(6) Give the employee written notice of the disciplinary action to be taken and the employee's appeal rights, and inform the employee of the effective date of the disciplinary action.

E. Unless otherwise provided by law, an appointing authority shall take each of the actions required in §D of this regulation within the time limits provided in State Personnel and Pensions Article, § 11-106, Annotated Code of Maryland.

Md. Code Regs. 17.04.05.04

Regulations .04 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)