CHAPTER 11

 

                                   ADVERSE ACTION PROCEDURES

 

STATEMENT OF POLICY

 

This chapter sets forth the guidelines and procedures by which the Administrator may suspend, demote, or dismiss a permanent employee.

 

11.000 COVERAGE

 

This chapter shall apply to all permanent classified employees.

 

11.100 SCOPE

 

For the purpose of this Chapter, the term “dismissal” shall not be interpreted to include:

 

A.      Actions taken by the Administrator referenced in the Chapter on “Resignation, Termination and Clearance”; or

 

B.      Action taken by the  Administrator in the termination of services of an  initial probationary employee.

 

11.200 EMPLOYEE DISCIPLINE

 

11.201 General Provisions

 

A.      Responsibility for Discipline

 

The Administrator derives its authority and responsibility for employee discipline under the provisions of Section 4105, Title 4, of the GCA. 

 

The Administrator has the responsibility to remove, suspend, or demote to another position on a fair and equal basis, any employee in the classified service whose conduct or capacity is such that his removal, suspension or demotion will promote the efficiency of government service.

 

B.      Delegation of Authority

 

The Administrator may delegate responsibility for administration of day-to-day discipline to his line-management, to include such progressive discipline, as oral admonitions, letters of warning, letters of reprimands, and recommendation of adverse actions.

 

C.      Vested Authority

 

The Administrator is the only official vested with the final authority to take adverse action, including removal, demotion, or suspension against an employee.

 

11.202 Job Protection Procedures in Employee Discipline Actions

 

A.      All levels of supervisory and management officials share the responsibility for strict adherence to employee's job protection rights and considerations including:

 

1.       Informal counseling at the first indication that an on‑the‑job or personal problem is affecting the employee's job performance.

 

2.       A reasonable opportunity for the employee to correct inadequate performance including providing specific training to the employee to improve the level of his job performance, or to correct unacceptable habits or practices, such as tardiness or lack of attention to work requirements.

 

3.       The right to reply to the notice of proposed adverse action that may result in a suspension, demotion or dismissal.

 

4.       The right to reply to the notice of proposed adverse action and careful consideration of any reply; and

 

5.       The right to appeal to the Commission as provided in the CSC Rules and Regulations Relative to Demotion, Suspension, Dismissal and Appeal of Adverse Actions.

 

B.      The Administrator shall require each supervisor and department head and/or division manager  receive orientation and training on the Hospital's basic intent that discipline is a method for correcting people in such a way as to produce satisfactory job performance.  The use of discipline in a punitive manner is inconsistent with the Hospital's concept of discipline as an opportunity to provide constructive correction.

 

11.300 ADVERSE ACTION PROCEDURES

 

11.301 General Requirements

 

A.      An employee must be given the final notice and statement of the charges pursuant to Title 4, GCA, Section 4406, no later than 60 days after management knew, or should have known the facts or events which form the alleged basis for the adverse action.

 

B.      An employee covered by the Adverse Action Procedures may be suspended for not more than 30 work days as the result of a single adverse action, nor may an employee be suspended for more than a total of 60 work days in a calendar year, as the result of multiple adverse actions taken by the Hospital.

 

C.      Copies of the adverse action rules and appeal procedures should be made available upon request by the employee.

 

11.302 Definition

 

A.      Suspension:   The temporary removal of an employee from his position with loss of pay as a disciplinary measure.

 

B.      Demotion: The involuntary reduction in status of an employee for disciplinary reasons from a position which he occupies in a specific class, to a position in another class, where the maximum rate if pay is less than the maximum rate of pay for the class which he had held, or a reduction to a lower salary step in the same class.

 

C.      Dismissal: The termination of an employee for authorized cause of the final adverse action.

 

D.      Day: Refers to calendar day unless otherwise specified.

 

11.303 Authorized Causes for Adverse Action

 

The Administrator may remove an employee for such misconduct(s), which affects the efficiency of the service.  The authorized causes for adverse action include:

 

A.      Fraud in securing appointment.

 

B.                Refusal or failure to perform prescribed duties and responsibilities.

 

C.                Insubordination, including but not limited to, resisting management’s directive through actions and/or verbal exchange, or failure or refusal to follow supervisor’s instructions to perform assigned work, or otherwise failure to comply with applicable established written policy(ies).

 

D.               Refusal to take and subscribe to any oath or affirmation which is required by law in connection with employment. 

 

E.                Acts prohibited by Section 9102, Title 4 of GCA relating to strikes against the Government. 

 

F.                 Misuse or theft of government property. 

 

G.               Discourteous treatment of the public, patients, customers or other employees. 

 

H.               Engaging in political activity prohibited by law as determined by the Commission. 

 

I.                   Unauthorized absence. 

 

J.                  Threatening, coercing, harassing or acts of discrimination to employees, supervisor, customers or individuals, to include sexual harassment.

 

K.                Violation of the Hospital’s Drug Free Workplace Policy. 

 

L.                 Unlawful manufacture, distribution, dispensing, possession, sale  or use of controlled substances while on the job or on the Hospital’s premises including while operating the Hospital’s equipment and/or vehicles.  

 

M.              Criminal convictions for felonies or misdemeanors while employed, including conviction of a moving traffic violation while operating the Hospital’s equipment and/or vehicle.

 

N.                Falsification of records, such as, but not limited to reports, time records, information system records, leave records, employment applications, or other official Hospital documents.

 

O.               Insubordination, including but not limited to, resisting management’s directives through actions and/or verbal exchange, or failure or refusal to follow supervisor’s instructions to perform assigned work, or otherwise failure to comply with applicable established written policy(ies).

 

P.                 Reporting to work under the influence of, or when ability is impaired by the use of alcohol, or the unauthorized possession, use, or sale of alcohol on duty, or while on hospital and/or any government premises.

 

Q.               Acts of physical violence including provoking or instigating a fight, or fighting endangering and threatening the life or safety of  the patients, customers, employees, or the public.

 

R.                Violation of safety rules and regulations. 

 

S.                Unsatisfactory performance. 

 

T.                 Other misconduct not specifically listed.

 

 

11.304 Employees Covered

 

All employees in the classified service are covered by these Rules, except for the following:

 

A.      Contract employees whose contracts are not renewed upon expiration.

 

B.      Probationary employees serving initial appointments.

 

C.      Employees on limited-term, temporary, seasonal, intermittent, part-time, per-diem, provisional, locum tenens or only for a specific project.

 

D.      Employees who are exempt by law or other legal authority from the jurisdiction of the Commission with regards to adverse actions.

 

11.305 Adverse Action Covered

 

A.      These Rules apply to the following adverse actions:

1.       Suspension

2.       Demotion (disciplinary action)

3.       Dismissal

 

B.      The use of any combination of the adverse actions listed for the same offense is prohibited.

 

11.306 Notice of Proposed Adverse Action

 

An employee against whom adverse action is sought is entitled to immediate written notice stating any and all reasons, specifically and in detail, for the proposed action.  The written notice must make it clear that it concerns only proposed action and not a matter already decided.   A copy of the notice of proposed adverse action shall be submitted to the Commission.  The Administrator or delegated management official may issue the proposed adverse action to the employee.

 

11.307 (a)  Employee's Answer

                    

An employee shall be entitled to ten (10) calendar days to answer the charge (s) contained in the written notice of proposed adverse action personally or in writing, and to submit affidavits in support of his answer to the Administrator or his designee.  The employee shall have the right to counsel and may be represented by a person of his choice.  When the employee request an opportunity to answer personally, the Administrator, or his designee, shall make himself available to hear the employee’s answer.  Consideration may be given to extending the 10-day limit, if the employee requests an extension along with his reasons for the request. 

 

If the employee fails to answer during the notice period, the employee’s inaction shall be construed as an answer, and the Administrator may precede with the adverse action upon expiration of the notice period. 

 

The employee is not prohibited from meeting the Administrator during the notice period. 

 

The entire 10 days for the employee to respond to the notice of proposed adverse action must expire before a final notice of adverse action is issued.

 

When a 10-day proposed notice period falls on a Saturday, a Sunday, or a legal holiday, the action may not be effected earlier

than the next business day.

 

          11.307 (b)   CONSIDERATION OF ANSWER:

 

 

                    The employee’s answer constitutes his defense and, as such, shall be afforded detailed and objective consideration before reaching a decision on the proposed adverse action.  If the employee’s answer raises doubts about the Administrator’s reasons for proposing adverse action, or the propriety of the action proposed, the Administrator should attempt to resolve these questions before reaching a decision on its proposed action.  It is at this point in the proceedings that the Administrator shall determine whether the proposed action under all circumstances, is for such cause as will promote efficiency of the Hospital service.  When appropriate, the proposed action may be withdrawn, or a less severe action may be substituted without issuing a new notice of proposed adverse action.

 

 

11.308 Suspension During Notice Period

 

A.      An employee, against whom adverse action is proposed, must be retained in active duty status during the notice period.  However, in an emergency situation, an employee may be immediately suspended during the notice period under the following conditions:

 

1.       The continued presence of the employee may interfere with the efficient operation of the Hospital, or the health or safety of the employee or others.

 

2.       Suspension is necessary to eliminate the possibility of deliberate damage to equipment, property, or important documents.

 

3.       The employee's absence without authorized leave prevents the issuance of notice of proposed adverse action and the Hospital’s attempt to contact the employee was unsuccessful.

 

B.      Suspension under this Section is a separate adverse action and it is appealable to the Commission within 20 days of the effective date of the action.  A copy of the notice of immediate suspension shall be filed with the Commission no later than the next working day following the effective date of the suspension.

 

C.      If the Commission sustains the  Hospital's action in suspending the employee during the notice period, the number of days of suspension under this section shall be considered part of the final disciplinary penalty and in no case,  shall the final days of suspension be more than 30 work days.

 

11.309 Leave Pending Investigation

 

In cases requiring investigations of allegations against an employee involving misappropriation of public funds or property, mistreatment of persons in a government institution or acts which constitutes a crime, the Administrator may authorize the employee an administrative leave of absence with pay for up to 20 work days.  The administrative leave may be terminated by the Administrator by giving the employee 24 hours written notice.

 

11.310 Employment Status During Imprisonment

 

A.    An employee who is incarcerated pending disposition of a case by the court, and who does not have accrued annual leave, may be granted leave without pay at the discretion of the  Administrator.

 

B.      The Administrator shall determine whether to take adverse action against an employee so imprisoned or take such appropriate action as he deems necessary pursuant to laws and the Hospital’s Personnel Rules and Regulations.  Nothing in this Section shall preclude the Administrator from taking adverse action against an employee during imprisonment or upon release.

                  

11.311 Final Notice of Adverse Action

 

A.                An employee is entitled to written notice of the Hospital's decision within 10 days after receipt of the employee's answer to the charge(s) except as provided in the Commission’s Hearing Procedures for Adverse Action Appeals, and provided further that the Administrator shall not issue a final decision during the notice period.  The decision shall be made by the Administrator and shall be delivered to the employee at, or before the time the action will be made effective except as provided in the Commission’s Hearing Procedures for Adverse Action Appeals.  The notice shall be in writing; be dated; state the specific facts found upon which such action is based; inform the employee of his right to appeal to the Commission; and, inform the employee of the time limit (20 calendar days) within which an appeal may be submitted as provided in Section CSC-100© in the Commission’s Hearing Procedures for Adverse Action Appeals.

 

B.                Prior to the final notice of adverse action, the Administrator may conduct an inquiry or investigation into the charges and proposed adverse action, including calling a meeting with the employee.

 

C.                Copies of the final notice of adverse action shall be filed by the Hospital with the Commission not later than the next work day following the effective date of the action.   A copy of the final notice shall be retained by the Human Resources Office in the employee’s official jacket as part of his permanent record.

 

11.312 Appeal to the Civil Service Commission

 

The Hearing Procedures for Adverse Action Appeals adopted by the Commission shall be applicable for all Adverse Action Appeals Proceedings.

 

11.313 Service of Proposed and Final Notices of Adverse Action

 

The Proposed and Final Notices of Adverse Action shall be personally served upon the employee.  In the event, the Administrator cannot locate the employee, after reasonable efforts have been made to locate the employee, service of the Proposed or Final Notices may be made by leaving the notice at the employee’s dwelling or usual place of abode with some person of suitable age and discretion residing therein, or by mailing the notice to the employee at the last known address. Service by registered mail is complete upon mailing.

11.400 GUIDELINES FOR DISCIPLINARY OFFENSES AND PENALTIES

 

11.401 General Provisions

 

A.      The list that follows is not intended to cover every possible type of offense affecting the efficiency of the service.  Penalties for offenses not listed will be prescribed by the Administrator.

 

B.      Many of the items listed on this schedule combine several offenses in one statement, connected by the word “OR”.   Usage of the word “OR” in a charge makes it non-specific.  Use only the items, which describe the employee’s actual conduct and leave out parts which do not apply.

 

C.      Penalties for disciplinary offenses will, in general, range from the minimum penalty to the maximum indicated.  In unusual circumstances, depending on the gravity of the offense, the past record, and the position of the employee, a penalty outside the general range maybe imposed.

 

D.      Suspension penalties on this schedule apply to work days and holidays.

 

E.      Depending on the gravity of the offenses, dismissal proceedings may be instituted against an employee for any number of offenses committed.  A greater penalty may be imposed for any offense if the circumstances justify greater penalty.

 

F.       In as much as a reprimand is not an adverse action under these rules, a management official need not apply the Adverse Action Procedures.  The penalty of reprimand is included in the schedule of penalty to provide certain flexibility for management’s discretion to institute progressive disciplinary action against an employee or group of employees.

 

G.      In recognition of the fact that each instance differs in many respects from a somewhat similar situation, the Hospital retains its rights to treat each violation of the Code of Conduct on an individual basis without creating a binding precedent for other cases which may arise in the future.

 

H.      Consideration will be given to the severity of the offense, the cost involved, the time interval between violations, the length and quality of service record, and the ability of the employee concerned.

 

I.        Documents relating to reprimand(s) shall not remain in an employee’s  official personnel jacket for more than one year from date of issue.