§ 16-195. Conduct and performance-related disciplinary actions.

(a)

The following provisions shall apply to both conduct and performance-related disciplinary actions.

(1)

Evaluative Factors. Prior to finally taking any of the conduct- or performance-related disciplinary actions authorized under the provisions of Sections 16-193, except under Subsection (c)(1)(A), thereof, and 16-194, respectively, an appointing authority or, where applicable, a supervisor shall insure that the following factors have been evaluated and taken into consideration:

(A)

The severity of the particular disciplinary action in relation to the nature of the particular act or acts of the employee constituting the grounds for disciplinary action;

(B)

Any extenuating circumstances concerning an employee which may mitigate against the taking of the particular disciplinary action against the employee;

(C)

An employee's past record of conduct or performance, as the case may be; provided, however, that where an employee's performance is marginal, the employee's past conduct record may be taken into account in making a final determination to take a performance-related disciplinary action against the employee; and

(D)

The consistency and uniformity of the particular disciplinary action in relation to the general disciplinary practices and policies as applied to other employees within the particular department, agency, or office under facts and circumstances which are substantially the same.

(2)

Procedural Requirements. Except for an immediate suspension as authorized under Section 16-193(c)(4)(D), any disciplinary action authorized under the provisions of Sections 16-193 and 16-194 which constitutes an adverse action, as defined in Section 16-102(a)(1), shall be initiated and taken in accordance with the procedures set forth in Section 16-201 which govern the processing of adverse actions against employees and the taking of employee appeals therefrom.

(3)

Disciplinary Actions by Appointing Authorities. Any disciplinary action authorized under Sections 16-193 and 16-194 which constitutes an adverse action shall only be finally taken against an employee by the employee's appointing authority; provided, however, that the foregoing part of this sentence shall not be construed to prevent any supervisor from effectively initiating or recommending any such action.

(CB-1-1976; CB-107-1985; CB-22-2000)