§ 1. Reduction, Suspension and Dismissal  


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  • The tenure of every employee shall be during good behavior and efficient service and no such employee shall be reduced in pay or classification, suspended, or dismissed except for incompetency, inefficiency, dishonesty, substance abuse, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of any policy or work rule of the officer's or employee's appointing authority, violation of the rules of the Commission, or any other failure of good behavior. In any case of reduction, suspension of more than three working days, or dismissal, the appointing authority shall furnish the employee with a copy of the order of reduction, suspension or dismissal, which order shall state the reasons therefore. Such order shall be filed with the Commission. Copies of memoranda and written reprimands which demonstrate the reason(s) for disciplinary action must be maintained. Disciplinary action for inefficiency, failure of good behavior, and/or any other item(s) listed above can result in the following:

    A. Reduction - an appointing authority may demote an employee from his classification to a lower related classification for purposes of discipline. An appointing authority may also reduce an employee's pay within the classification he is presently serving for purposes of discipline.

    B. Suspension - an appointing authority may terminate an employee's employment and compensation for a fixed period of time for the purpose of discipline.

    C. Dismissal - an appointing authority may terminate an employee's employment. Employees may be dismissed as a result of an accumulation of acts of lesser consequences.

    Additional grounds for dismissal are:

    1. Absence from duty without permission; or

    2. Absence from duty by an employee for three consecutive days without any explanation within that period, or his failure to return from leave of absence after the leave has expired or been revoked.

    The appropriate department shall immediately notify the employee of the dismissal by certified mail. Notice of such dismissal is sufficient if mailed to the employee's last known address as specified by Personnel Policies and Procedures Policy No. 2.5. The explanation referred to above must be made to the employee's crew leader, supervisor, or other official as specified by the department or division regulations. If within ten days after the last day of actual work prior to the unexplained absence the employee should furnish to the appointing authority a satisfactory explanation of his absence, an entry of dismissal may be set aside by the recommendation of the appointing authority with the approval of the Commission. Furthermore, an employee may request a hearing by his agency, during that same ten day period, to consider the charges against him and allow an opportunity to satisfactorily explain his absence.

    The dismissal of an employee will not become effective until the appointing authority has held a hearing at the department/division level to permit the employee to present matters in his defense and has sent written notice of dismissal to the employee. The written notice must contain one or more of the statutory reasons or grounds for dismissal together with specifications and facts as will enable the employee to be placed fairly upon his defense. A copy of the notice of dismissal, including specifications must be filed with the Commission. Exception to the requirement for such a hearing are dismissals resulting from failure of probation and for reasons outlined in C (2) above.