§ 2500. Corrective and disciplinary
action for
maintaining standards of service
A. The tenure of persons who have been regularly and permanently
inducted into positions of the classified service shall be
during good behavior. However, the appointing authority may
remove any employee from the service, or take such
disciplinary action as the circumstances warrant in the manner
provided below for any one of the following reasons:
(1) Unwillingness or failure to perform the duties of his
position in a satisfactory manner.
(2) The deliberate omission of any act that it was his duty
to perform.
(3) The commission or omission of any act to the prejudice of
the departmental service or contrary to the public
interest or policy.
(4) Insubordination.
(5) Conduct of a discourteous or wantonly offensive nature
toward the public, any municipal officer or employee;
and, any dishonest, disgraceful, or immoral conduct.
(6) Drinking vinous or spirituous liquors while on duty or
reporting for duty while under the influence of liquor.
(7) The use of intoxicating liquors, or habit forming drug,
liquid, or preparation to an extent which precludes the
employee from performing the duties of his position in a
safe or satisfactory manner.
(8) The conviction of a felony.
(9) Falsely making a statement of any material fact in his
application for admission to any test for securing
eligibility or appointment to any position in the
classified service, or, practicing or attempting to
practice fraud or deception in any test.
(10) Using or promising to use his influence or official
authority to secure any appointment to a position within
the classified service as a reward or return for partisan
or political services.
(11) Soliciting or receiving any money or valuable thing from
any person for any political party or political purpose.
(12) Inducing or attempting to induce by threats of coercion,
any person holding a position in the classified service
to resign his position, take a leave of absence from his
duties, or waive any of his rights under the provisions
of this Part, or of the rules.
(13) The development of any defect of physical condition which
precludes the employee from properly performing the
duties of his position, or the development of any
physical condition that may endanger the health or lives
of fellow employees.
(14) The willful violation of any provision of this Part or of
any rule, regulation, or order hereunder.
(15) Any other act or failure to act which the board deems
sufficient to show the offender to be an unsuitable or
unfit person to be employed in the respective service.
B. Unless the cause or condition justifies an employee being
permanently removed from the service, disciplinary action may
extend to suspension without pay for a period not exceeding
the aggregate of ninety days in any period of twelve
consecutive months, reduction in pay to the rate prevailing
for the next lower class, reduction or demotion to a position
of any lower class and to the rate of pay prevailing therefor,
or such other less drastic action that may be appropriate
under the circumstances. Nothing contained herein shall
prevent any employee who is physically unable to perform the
duties of his position from exercising his rights of voluntary
retirement under any applicable law.
C. Although it is incumbent upon the appointing authority to
initiate corrective or disciplinary action, the board may, and
shall upon the written request of any qualified elector of the
state which sets out the reasons therefor, make an
investigation of the conduct and performance of any employee
in the classified service and, thereupon may render such
judgement and order action to be taken by the appointing
authority. Such action shall be forthwith taken by the
appointing authority.
D. In every case of corrective or disciplinary action taken
against a regular employee of the classified service, the
appointing authority shall furnish the employee and the board
a statement in writing of the action and the complete reasons
therefor.
Date this page was last updated: Wednesday, May 30, 2001 10:22 AM