(a) Written Reprimand: - (i) A supervisor may formally discipline a subordinate employee for cause by providing a written reprimand to the employee specifying;
- (A) Reason(s) for the reprimand;
- (B) Previous letters of expectation, letters of counseling, verbal or written warnings, unacceptable performance appraisals, discussions, or reprimands, if any;
- (C) Corrective action necessary to avoid further disciplinary action; and
- (D) The right to present a grievance pursuant to these rules.
(b) Disciplinary Suspension: - (i) An agency head may suspend, without pay, an employee for cause for up to thirty (30) days in a calendar year. The agency head shall provide the employee with written notification specifying;
- (A) Reason(s) for the suspension;
- (B) Previous letters of expectation, letters of counseling, verbal or written warnings, unacceptable performance appraisals, discussions, or reprimands, if any;
- (C) The effective date and duration of the suspension;
- (D) The corrective action necessary to avoid further disciplinary action; and
- (E) The right to present a grievance pursuant to these rules.
- (ii) A copy of the notice of suspension shall be sent to the Human Resources Division by the agency head.
(c) Dismissal of Permanent Employees: - (i) Dismissal Due to Employee Conduct/Incapacity;
- (A) An agency head may dismiss an employee for cause. Prior to the dismissal of a permanent employee, the agency head shall provide to the employee written notification specifying;
- (I) The reason(s) and summary of the evidence for dismissal; and
- (II) An opportunity for the employee, within ten (10) working days, to respond in writing to the charge(s);
- (B) The agency head shall have ten (10) working days to consider the response;
- (C) If the agency head determines dismissal is appropriate, the agency head shall provide, personally or by return receipt requested certified mail, written notification to the employee specifying;
- (I) The reason(s) for the dismissal;
- (II) The effective date of the dismissal; and
- (III) The right to a hearing pursuant to these rules;
- (ii) Dismissal Subsequent to a Fitness for Duty Evaluation;
- (A) An agency head may dismiss an employee determined to be incapacitated to perform assigned duties subsequent to a fitness for duty evaluation. Prior to the dismissal of a permanent employee, the agency head shall provide to the employee written notification specifying;
- (I) The reason(s) and summary of the evidence for dismissal;
- (II) Notification that the Fitness for Duty report will not be provided directly to the employee, but may be provided directly to a qualified mental health professional of the employees choice for interpretation; and
- (III) An opportunity for the employee, within ten (10) working days, to respond in writing to the charge(s). If the employee chooses to have a qualified mental health professional interpret the report for them, the time period for response may be extended upon mutual agreement;
- (B) The agency head shall have ten (10) working days to consider the response;
- (C) If the agency head determines dismissal is appropriate, the agency head shall provide, personally or by return receipt requested certified mail, written notification to the employee specifying;
- (I) The reason(s) for the dismissal;
- (II) The effective date of the dismissal; and
- (III) The right to a hearing pursuant to these rules;
- (iii) A copy of the notice of dismissal shall be sent to the Human Resources Division;
- (iv) If the agency head perceives that the employees presence on the job may be detrimental to the operation of the agency, the agency head may place the employee on Administrative Review Leave, with pay, pending the dismissal review period.