97 Neb. Admin. Code, ch. 2, § 006

Current through September 17, 2024
Section 97-2-006 - CORRECTIVE AND DISCIPLINARY ACTIONS
006.01 Corrective Actions
006.01A "Corrective Actions" are those which do hot effect current pay, status or tenure and are administered to correct and improve an employee's job performance.
006.01B Corrective actions shall include written warnings, reprimands and censures. Corrective actions may be administered concurrently with a disciplinary action.
006.02 Disciplinary Actions
006.02A "Disciplinary Actions" are those actions which reduce or otherwise affect current pay, status or tenure and are administered to discipline an employee for an offensive act or poor job performance. Disciplinary actions may be administered concurrently with a corrective action.
006.02B Disciplinary actions shall include suspension, not to exceed twenty working days, demotion, reduction of pay to a lower step in the pay grade of his position, and dismissal. Suspended employees shall not be granted vacation, sick or holiday leave or unused earned compensatory time off while in a suspended status, nor shall they earn vacation, sick, or holiday leave credit during the period of suspension.
006.03 Reasons for Administering Corrective and/or Disciplinary Actions
006.03A General reasons for administering corrective or disciplinary actions shall include, but are not limited to the following:
006.03A1 Violation of, or failure to comply with, the State Constitution of Statutes, an executive order, or published rules and regulations of the Board of Educational Lands and Funds.
006.03A2 Failure or refusal to comply with a lawful order or to accept a reasonable or proper assignment from an authorized supervisor.
006.03A3 Inefficiency, incompetency or negligence in the performance of duties.
006.03A4 Unauthorized possession of narcotics or other drugs and/or drinking alchoholic beverages while on duty.
006.03A5 Careless, negligent or improper use of State property, equipment or funds.
006.03A6 Use of undue influence to gain, or attempt to gain, a promotion, leave, favorable assignment or other individual benefit or advantage.
006.03A7 Falsification, fraud or omission of information in applying for a position.
006.03A8 Unauthorized or improper use of any type of leave.
006.03A9 Failure to maintain satisfactory or harmonious relations with the public or other employees.
006.03A10 Failure to obtain and maintain a current license or certificate required by law or the Board's standards as a condition of employment.
006.03A11 Failure or inability to complete a required training program which is a part of the job assignment.
006.03A12 Conviction of a felony charged by a court of proper jurisdiction provided the employee is not placed on probation by the court.
006.03A13 Conduct unbecoming a state officer or employee.
006.03A14 Failure to make a reasonable provision for payment of just debts.
006.03A15 Repeated tardiness or absence without leave.
006.03A16 For other good and sufficient reasons, based on sufficient and competent evidence.
006.04 Administering Corrective and Disciplinary Actions
006.04A Responsibility to administer corrective and disciplinary action shall be vested in the Executive Secretary.
006.04B The decision to administer corrective or disciplinary actions shall be governed by the nature, extent, seriousness and effect of the act, error or omission; the type and frequency of previous violations; the period of time elapsed since a prior offensive act; and consideration of mitigating circumstances.
006.04C The Executive Secretary upon obtaining information which would indicate the possibility of administering corrective or disciplinary action, shall meet with the employee to verify the information and afford the employee the opportunity to refute the information or present mitigating evidence.
006.04D Based upon information and evidence presented and the individual circumstances of the case, the Executive Secretary shall deteraine the appropriate action to be taken.
006.04E if a corrective action is administered, the employee shall be advised in writing of his error or failure, the corrective action he should take, the consequences he will face if he fails to follow corrective instructions. A copy of this notice shall be placed in the employee's personnel file.
006.04F If a disciplinary action is imposed, the employee shall be advised in writing of the specific details of the offense, the disciplinary actions being administered, why it is being imposed and, if appropriate, the corrective actions he should take and the consequences he will face for future violations. The Executive Secretary shall reduce its official action to writing for deposit in the employee's personnel file.
006.04G No derogatory record or comment may be placed in an employee's personnel file unless notice of such action is given in writing to the employee.
006.05 Appeals
006.05A An employee who is aggrieved as the result of the interpretation and/or application of the Board's rules and regulations, disciplinary action, alleged discrimination or unfair treatment or unsafe or unhealthy working conditions shall have the right of appeal to the Board of Educational Lands and Funds, meeting in regular session.
006.05B Initiation of an appeal from dismissal, suspension, or demotion, shall in no way affect the effective date of dismissal, suspension, or demotion.
006.05C Employees who are dismissed without recourse during their probationary period of employment shall not have the right of appeal.
006.05D Should an employee be represented by an attorney in an appeal before the Board, any payment due the attorney shall be the responsibility of the employee.
006.06 Appeal Procedures
006.06A The employee shall first orally present his grievance to the Executive Secretary within ten days of the occurrence which caused the grievance. The Executive Secretary and grievant shall attempt to informally arrive at an answer within three working days. If the answer is not satisfactory to the grievant, the grievant shall reduce his grievance to writing and present the same to the Executive Secretary.
006.06B Upon a grievance being reduced to writing, the same shall be presented to the Board of Educational Lands and Funds at its next regular meeting. Said grievance shall become a part of the Board of Educational Lands and Funds regular agenda and shall be heard in open or executive session as the employee desires.
006.06C The grievant shall be given an opportunity to present arguments concerning his grievance to the Board.
006.06D The Board shall notify the grievant within ten days after its regular meeting of its decision concerning the grievance. This time may be extended by stipulation entered into between the Board and the grievant.
006.06E Upon notification by the Board to the grievant of its decision concerning the grievance, the grievant shall have the right of appeal from the decision of the Board as provided under Section 84-917, R.S., Neb. 1943 (Reissue of 1971).

97 Neb. Admin. Code, ch. 2, § 006