Md. Code Regs. 11.02.08.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.02.08.06 - Termination of a Career Service Employee

A. An appointing authority may, for cause, terminate a Career Service employee.

B. Cause for Termination. One or more than one of the following causes is sufficient reason for termination, though termination may be for a cause or causes other than those enumerated:

(1) The employee is incompetent or inefficient in the performance of job duties and is unable to perform at acceptable levels after proper guidance, training, and recommendations for improvement have been provided to the employee;

(2) The employee's action or inaction amounts to insubordination;

(3) The employee has performed the job duties in a careless, negligent, or willful manner, including causing damage to, or waste of, State property, State resources, or property of a member of the public;

(4) The employee has engaged in or attempted to engage in bribery or extortion in the performance of duties;

(5) The employee has a physical or mental impairment which prevents the employee from performing the essential functions of the job, with or without reasonable accommodations as determined by the Department Medical Advisor in accordance with applicable laws;

(6) The employee has violated any statute, regulation, executive order, written policy, written directive, or written rule;

(7) The employee has failed to obey a lawful and reasonable direction given by a supervisor or superior;

(8) The employee has committed an act of misconduct or a serious breach of discipline;

(9) Unauthorized absence;

(10) The employee has used unwarranted or excessive force in the treatment of other employees, supervisors, or members of the public;

(11) The employee has been wantonly offensive toward other employees, supervisors, or members of the public;

(12) The employee's action or inaction has caused or reasonably could be expected to result in loss or injury to the State or members of the public;

(13) The employee has stolen, or attempted to steal, State property, State resources, or property of a member of the public;

(14) The employee has misappropriated or mishandled State funds, revenues, resources, or property;

(15) The employee has willfully made a false official statement or report;

(16) The employee has been convicted of a felony or a job-related misdemeanor;

(17) The employee has violated Executive Order 01.01.1991.16B on substance abuse;

(18) The employee has taken for personal use a fee, gift, or other valuable thing in the course of work or in connection with it when the fee, gift, or other valuable thing is given to the employee by any person in the hope or expectation of receiving a favor or better treatment than that accorded other persons;

(19) The appointing authority or the appointing authority's designee has investigated an employee's qualifications and background and has discovered that fraudulent or irregular information resulted in the employee's appointment;

(20) The employee has engaged in conduct that has brought the Department into public disrepute.

C. An appointing authority or designated representative may suspend an employee with or without pay pending final disposition of the charges for termination if the suspension is necessary to protect the interests of the Department as provided in Regulation .01 of this chapter. The appointing authority or designated representative shall notify the employee in writing of the reason or reasons for the suspension pending charges for termination, and the effective date in accordance with Regulation .05-1 of this chapter.

D. Charges Shall be Filed with the Secretary of Transportation. The Secretary shall provide the employee, in writing, with a statement of the charges and specifications for termination, and the appropriate appeal route, including the time frame for appeal.

E. Time Limit for Imposition of Charges for Termination. Charges for termination shall be imposed within the time frame set forth in Regulation .01D of this chapter.

F. Appeal of Charges for Termination. An employee may appeal charges for termination in accordance with the procedures set forth in Regulation .10 of this chapter.

G. The Secretary shall issue an order upholding the employee's termination from Transportation Service in the following instances:

(1) If no appeal is received by the Secretary or the Secretary's designee within 15 days of receipt of the charges; and

(2) If no agreement is reached during the settlement conference and no appeal is received by the Office of Administrative Hearings within 15 days following the settlement conference.

Md. Code Regs. 11.02.08.06

Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)
Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)
Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)