§ 16-201. Procedures for taking adverse actions and employee appeals therefrom.

(a)

Adverse Actions by Appointing Authorities. The following procedures shall apply to the taking of adverse actions, except as provided in Subsection (b), below, against employees by appointing authorities and to the taking of employee appeals therefrom:

(1)

Whenever an appointing authority intends to take an adverse action against any employee under the appointing authority's jurisdiction, the appointing authority shall first serve the employee with a written statement of charges with respect to the proposed action no later than five (5) working days prior to the intended effective date of any such action. Any such written statement of charges shall state the specific grounds or other reasons for taking such action, and the fact that the employee shall be entitled to appeal such action to the Personnel Board in accordance with the provisions of Subsection (e), below.

(2)

At the same time as the appointing authority serves the statement of charges on the employee as required under subparagraph (a)(1), above, the appointing authority shall forward a copy of said statement to the Director of Human Resources Management in order to afford the Director of Human Resources Management an opportunity to review the proposed action, and to render advisory comments to the appointing authority with respect thereto; provided however, that in any case where the proposed adverse action to be taken against the employee constitutes a demotion any such adverse action shall be further subject to the approval of the Director of Human Resources Management with respect to the condition set forth in Section 16-148(a)(6)(B)(i).

(3)

Any such employee shall be entitled to respond, in writing, to any statement of charges served upon the employee under subparagraph (a)(1), above, provided such written response is filed with the appointing authority no later than five (5) working days after the date of receipt of the statement of charges by the employee.

(4)

Prior to serving any final written notice of adverse action on any such employee, the appointing authority shall consider any advisory comments rendered by the Director of Human Resources Management with respect to the statement of charges, as may have been provided under subparagraph (a)(2), above, and any written response filed by the employee with respect to the statement of charges, as may have been provided under subparagraph (a)(3), above; provided however, that in the case of any adverse action which constitutes a demotion, the appointing authority shall rescind any such proposed action where the Director of Human Resources Management has disapproved such action pursuant to the provisions of Section 16-148(a)(6)(B)(i).

(5)

Notwithstanding the provisions of subparagraphs (a)(1), (2), (3), and (4), above, an appointing authority shall not be required to file an advance statement of charges with an employee prior to serving a final written notice of adverse action on the employee under any one (1) of the following circumstances:

(A)

In the case of any immediate suspension taken in accordance with the provisions of Section 16-193(c)(4)(D); or

(B)

In the case of any demotion requested solely at the discretion of the employee pursuant to the provisions of Section 16-148(a)(6)(A)(iv).

(6)

Any such employee shall be entitled to file a written notice of appeal with the Personnel Board with respect to any final notice of adverse action taken against any such employee, provided said notice of appeal is filed with the Board no later than five (5) working days after the date of receipt of the final notice of adverse action by the employee; or, in the case of any immediate suspension taken pursuant to Section 16-193(c)(4)(D), no later than five (5) working days after the date such action is taken by the appointing authority. At the same time any such written notice of appeal is filed with the Personnel Board, or no later than ten (10) working days after such notice has been filed, the employee shall additionally file with the Board, a separate written statement setting forth the specific employee allegations with respect to the adverse action and the relief sought by the employee.

(b)

Adverse Actions by Appointing Authorities. The following procedures shall apply to the taking of adverse actions concerning a separation, termination, dismissal, demotion, or fines against employees by appointing authorities and to the taking of employee appeals therefrom:

(1)

Whenever an appointing authority intends to take an adverse action against any employee under the appointing authority's jurisdiction, the appointing authority shall first serve the employee with a written statement of charges with respect to the proposed action no later than ten (10) working days prior to the intended effective date of any such action. Any such written statement of charges shall state the specific grounds or other reasons for taking such action and the fact that the employee shall be entitled to appeal such action to the Personnel Board in accordance with the provisions of Subsection (e), below.

(2)

At the same time as the appointing authority serves the notice of intent on the employee as required under subparagraph (b)(1), above, the appointing authority shall forward a copy of said statement to the Director of Human Resources Management in order to afford the Director of Human Resources Management an opportunity to review the proposed action, and to render advisory comments to the appointing authority with respect thereto.

(3)

Any such employee shall be entitled to respond, in writing, to any statement of charges served upon the employee under subparagraph (b)(1), above, provided such written response is filed with the appointing authority no later than ten (10) working days after the date of receipt of the notice by the employee.

(4)

Prior to serving any final written notice of adverse action on any such employee, the appointing authority shall consider any advisory comments rendered by the Director of Human Resources Management with respect to the statement of charges, as may have been provided under subparagraph (b)(2), above, and any written response filed by the employee with respect to the statement of charges, as may have been provided under subparagraph (b)(3), above.

(5)

Any such employee shall be entitled to file a written notice of appeal with the Personnel Board with respect to any final notice of adverse action taken against any such employee, provided said notice of appeal is filed with the Board no later than five (5) working days after the date of receipt of the final notice of adverse action by the employee. At the same time any such written notice of appeal is filed with the Personnel Board, or no later than ten (10) working days after such notice has been filed, the employee shall additionally file with the Board, a separate written statement setting forth the specific details with respect to the adverse action and the relief sought by the employee.

(c)

Nothing in this Section shall prevent an appointing authority from ordering the immediate suspension of an employee who meets the criteria for such action under the personnel law.

(d)

Adverse Actions by Director of Human Resources Management. The following procedures shall apply to the taking of employee appeals from adverse actions authorized and taken by the Director of Human Resources Management against any employee.

(1)

Whenever any employee receives a final notice of an adverse action authorized and taken against any such employee by the Director of Human Resources Management, any such employee shall be entitled to file a written notice of appeal with the Personnel Board with respect to such adverse action, provided said notice of appeal is filed with the Board no later than five (5) working days after the date the adverse action is to become effective as stipulated in the final notice of adverse action. At the same time any such written notice of appeal is filed with the Personnel Board, or no later than ten (10) working days after such notice has been filed, the employee shall additionally file with the Board, a separate written statement setting forth the specific employee allegations with respect to the adverse action and the relief sought by the employee.

(2)

The Personnel Board shall hear and decide any such employee appeal of an adverse action authorized and taken by the Director of Human Resources Management in accordance with the provisions of Section 16-203.

(e)

The Personnel Board shall hear and decide any such employee appeal of an adverse action in accordance with the provisions of Section 16-203.

(CB-1-1976; CB-22-2000; CB-27-2000; CB-91-2003)