Jefferson County Personnel Board Rules Regarding Disciplinary Actions
RULE 12: DISCIPLINARY ACTIONS AND APPEALS
12.1 DISCIPLINARY POLICY
The tenure of every Classified Employee shall be conditioned upon his or her satisfactory conduct and efficient performance of assigned duties and responsibilities. A Regular Employee who, for cause, is dismissed, demoted (except as governed by Rule 11.6 (b)), or suspended (other than a suspension governed by Rule 12.14), or placed on Administrative Leave Without Pay for more than five working days pursuant to Rule 13.20(c), shall have the right of appeal as set forth in this Rule 12.
12.2 DEFINITION OF “FOR CAUSE”
The following reasons shall constitute “for cause:”
- Absent without leave;
- Commission of a criminal offense;
- Conduct unbecoming a Classified Employee;
- Conviction of any criminal offense involving moral turpitude;
- Disorderly or immoral conduct;
- Abuse of leave policies;
- Incompetence or inefficiency;
- Reporting to or engaging in work while under the influence of alcohol or a
- controlled substance;
- Neglect of duty;
- Negligence or willful damage to public property or waste of public supplies or
- Violation of any rule or regulation of the Appointing Authority, or failure to
- comply with instructions made and given by a superior officer or supervisor;
- Violation of any of the provisions of the Act or of these Rules;
- Refusal to cooperate fully and truthfully in any internal investigation conducted
- by the Board, the Director, or an Appointing Authority, including failure or refusal to answer
- truthfully any question put to the employee relating to the affairs of government or the conduct
- of any officer or employee thereof;
- Inability to perform the essential functions of the job with or without reasonable
- accommodation; or
- Any other legitimate and nondiscriminatory reason that constitutes good cause for
- disciplinary action, is reasonably specific, is consistent with the Act and these Rules, and is not
- motivated by any non-work-related preference or animus for or against any person.
12.3 NOTICE AND SERVICE
a. Notice. Where these Rules provide for appeal, a notice of dismissal, suspension for more than five (5) scheduled working days, or demotion of a Regular Employee shall be in writing and shall set forth:
- The factual basis for the action to be taken;
- The date termination, suspension, or demotion is to become effective; and
- Any other information deemed appropriate.
b. Service on Employee. The Appointing Authority shall serve the notice on the employee with a copy to the Director. Service may be in person or by U.S. Mail, or both. Provided, if service is by U.S. Mail, deposit of the notification in the U.S. Mail no later than the effective date of the action shall constitute service. Any form of mail receipt or a sworn affidavit of the server shall constitute prima facie evidence of timely mail deposit.
c. Service on the Director. The Appointing Authority shall serve a copy of the written notice on the Director within three (3) Business Days of the effective date of the action. Provided, if service is by U. S. Mail, it should be mailed to the Director at the same time as to the employee. Deposit of the copy in the U. S. Mail within three (3) Business Days of the effective date of the action addressed to the Director at the Board offices shall constitute service. Any form of mail receipt or a sworn affidavit of the server shall constitute prima facie evidence of timely mail deposit.
d. Failure to Serve. A failure to satisfy the service requirements herein may be grounds for dismissal of the charge, upon appeal by the employee. Provided, the Board may waive such failure upon a showing of good faith effort or other good cause as the Board may determine.
12.4 APPEAL PROCEDURE
An employee desiring to appeal shall within ten (10) calendar days after notice thereof, file with the Director, in duplicate, a written answer to the charges and request a hearing.
a. Content. Appeals may be in any written format, including letter form, but they must contain the following information:
- The name, address, and telephone number of the person filing the appeal, and the name and address of the Appointing Authority that took the action being appealed;
- A description of the action the Appointing Authority took and its effective date;
- A concise statement of the reasons why the employee believes the action by the Appointing Authority is wrong; and The Rules & Regulations of the Personnel Board of Jefferson County
- The signature of the employee or his or her representative.
b. Service. Within five (5) Business Days of receipt of the appeal, the Director shall mail a copy of the appeal to each party to the proceeding other than the employee.
a. Scheduling of Hearing. Except in extraordinary circumstances as determined by the Board, the Board shall order a Public Hearing of the appeal to be held before a Hearing Officer no later than thirty (30) calendar days after the notice of appeal has been served, unless agreed to earlier or later by the parties. A request by either party to continue a hearing must be received by the Board and the appointed Hearing Officer at least seventy-two (72) hours prior to the time set for the hearing. Requests for continuance shall not be interposed for delay and will be granted only for good cause.
b. Conduct of Hearing by Hearing Officer. The hearing shall be before a Hearing Officer appointed by the Board. The Hearing Officer shall take testimony and other evidence offered in support and denial of such charges. Within five (5) Business Days of the close of the hearing, the Hearing Officer shall submit a Report and Recommendation to the Board, which shall contain findings of fact and conclusions therefrom upon all material issues presented at the hearing.
c. Scope of Hearing. The hearing shall be for the purpose of determining whether the employee, by reason of his or her act or acts as charged and his or her record of service, merits retention in the Classified Service or should be removed therefrom, or otherwise disciplined.
d. Rules of Evidence. The Hearing Officer shall not be bound to follow technical rules of evidence.
e. Representation. Any party at interest may be represented at the hearing by one representative or attorney of his or her own choosing.