N.H. Admin. Code § Per 1002.08

Current through Register No. 45, November 7, 2024

Section Per 1002.08 - Dismissal

(a) Dismissal shall be considered the most severe form of discipline.

(b) An appointing authority may dismiss an employee without prior warning for offenses such as, but not necessarily limited to, the following:

(1) Driving a state vehicle without a license or proper authorization;

(2) Loss or expiration of a license or certification or other form of permission required by the class specification or supplemental job description for the performance of the duties of a position;

(3) Failure to report to the agency the loss, suspension or expiration of a license, certification or other form of permission required by the class specification;

(4) Performing duties that require a license, certificate or other form of permission when such license, certificate or other form of permission has expired or has been revoked or suspended;

(5) Theft of valuable goods or services from the state or from any other employee or individual served by the agency;

(6) Willful abuse,misuse or destruction of state property or the property of any employee or individual served by the agency which, in the opinion of the appointing authority, represents a substantial cost for repair or replacement;

(7) Violation of a posted or published agency policy or procedure, the text of which warns that violation of same may result in dismissal;

(8) Threatening another employee or individual served by the agency;

(9) Endangering the life, health or safety of another employee or individual served by the agency;

(10) Obstructing an internal investigation;

(11) Refusing to accept a job assignment, provided that the employee has first been informed that refusing the job assignment may result in termination;

(12) Falsification of any agency records received, maintained or utilized by the agency;

(13) Persistent refusal to follow the legitimate directives of a supervisor;

(14) Willful misuse of a supervisory position;

(15) Absence for a period of 3 or more consecutive work days without proper notification or acceptable reason;

(16) Willful release of confidential information, provided that the agency has a policy detailing which records are deemed confidential;

(17) Failure to report to work without acceptable reason on the next business day following the expiration of an approved leave of absence;

(18) Inability to perform duty assignments due to being under the influence of alcohol or drugs;

(19) Consumption of alcohol while on duty;

(20) The use, possession, distribution, dispensation, or manufacture of a controlled substance at any duty station or workplace, unless such use, possession, distribution, dispensation or manufacture is lawful under state or federal law regulating controlled substances;

(21) Failure to report in writing to the appointing authority any criminal conviction based on the unlawful use, possession, distribution, dispensation or manufacture of a controlled substance at a state workplace within 5 days from entry of the trial court's decision, regardless of whether an appeal is taken;

(22) Conviction of any criminal offense based upon the unlawful use, possession, distribution, dispensation or manufacture of a controlled substance at a state workplace, provided that:

a. An appointing authority shall take appropriate disciplinary action, including possible conditional discipline, for violations of this subparagraph within 30 calendar days after learning of a conviction; and

b. An appointing authority shall have the discretion to condition the severity or nature of any disciplinary sanctions for violations of Per 1002.08(b) (18), (19) or (20), or for any other misconduct in which abuse of a controlled substance is a substantial factor, upon the employee's satisfactorily completing a specific controlled substance rehabilitation program recommended or certified for such purposes by the office of alcohol and drug abuse prevention, the division of public health services, or an appropriate federal or local agency;

(23) Violation of a law related to an employee's job duties or conviction of any criminal offense relating to the employee's job duties;

(24) Sexually harassing conduct, including unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature;

(25) Unlawful discrimination or retaliation for engaging in a legally protected activity;

(26) Repeated unauthorized use or gross misuse of information or communications systems; or

(27) Failure or refusal to produce upon request documents or records, whether hard copy or electronic, that are the property of the agency or state.

(c) An appointing authority may dismiss an employee who has received multiple warnings for the offenses described in this part as stated below:

(1) An appointing authority may dismiss an employee for conduct described in Per 1002.04 when the employee has previously received 2 written warnings for the same or substantially similar type of conduct or offense within a period of 5 years, by issuing a final written warning and notice of dismissal as set forth in this rule; and

(2) An appointing authority may dismiss an employee for conduct described in Per 1002.04 when the employee has previously received 4 written warnings for similar or disparate types of conduct or offenses within a period of 5 years by issuing a final written warning and notice of dismissal.

(d) No appointing authority shall dismiss a classified employee under this section until the appointing authority:

(1) Offers to meet with the employee to discuss whatever evidence which the appointing authority believes supports the decision to dismiss the employee;

(2) Offers to provide the employee with an opportunity to refute the evidence presented by the appointing authority provided, however:

a. An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part; and

b. An employee's refusal to meet with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part; and

(3) Documents in writing the nature and extent of the offense.

(e) If an appointing authority, having complied with the provisions of Per 1002.08(d) finds that there are sufficient grounds to dismiss an employee, the appointing authority shall:

(1) Provide a written notice of dismissal, specifying the nature and extent of the offense;

(2) Notify the employee in writing that the dismissal may be appealed under the provisions of RSA 21-I: 58, within 15 calendar days of the notice of dismissal; and

(3) Forward a copy of the notice of dismissal to the director.

(f) An appeal filed under the provisions of RSA 21-I:58 shall not stay the dismissal decision.

(g) Nothing in this rule shall prohibit an appointing authority from allowing an employee to request that he or she be allowed to resign in lieu of discharge provided that:

(1) The employee makes such request in writing;

(2) The employee certifies in writing that the resignation was given after review and consideration of the evidence used to support the decision to dismiss the employee; and

(3) The employee certifies in writing the employee's understanding that a resignation in lieu of dismissal for cause may not be resolved through the settlement of disputes, pursuant to Part Per 205, or, except as otherwise provided in Per 205.08(i), by appeal to the board pursuant to the provisions of RSA 21-I: 58.

(h) Nothing in this rule shall require that an appointing authority allow an employee to resign in lieu of being dismissed for cause as provided in this part.

N.H. Admin. Code § Per 1002.08

(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.