- A. After serving his or her two-year probationary period, an Assistant Attorney General may be dismissed only for cause.
B. Cause for dismissal shall include the following:
- 1. Fraud or misrepresentation in securing appointment.
- 2. Incompetency -- meaning the lack of ability or fitness to discharge the required duties.
- 3. Inefficiency -- meaning performance below the level of others performing like duties under similar conditions; or the incapacity or indisposition to perform one’s duties.
- 4. Neglect of duty.
- 5. Insubordination -- meaning disrespectful or contumacious conduct toward a supervisor; or a knowing disregard of express or implied directions; or a refusal to obey a lawful and ethical order issued by a person authorized to issue such order.
- 6. Dishonesty.
- 7. Drunkenness on duty.
- 8. Any unlawful use of narcotics or habit-forming drugs, or any use of or addiction to narcotics or habit-forming drugs which impairs job performance.
- 9. Conviction of a felony, or conviction of a misdemeanor an element of which is intentional, knowing or reckless conduct. A plea or verdict of guilty to a charge of a felony, or any misdemeanor an element of which is intentional, knowing or reckless conduct is deemed to be a conviction for purposes of this Section.
- 10. Discourteous treatment of the public or other public employees.
- 11. Improper political activity.
- 12. Misuse or unauthorized use of state property.
- 13. Conduct either during or outside duty hours which is of such a nature that it causes discredit to the Attorney General’s Office.
- 14. Any conduct which is inconsistent, incompatible or in conflict with one’s official duties as an Assistant Attorney General.
- 15. Failure to discharge one’s responsibilities as an Assistant Attorney General in a timely manner as directed by supervisors.
- 16. Failure or refusal to comply with office policies established by the Attorney General.
- 17. Use or attempted use of one’s official position for private advantage.
- 18. Any other action or pattern of activity that constitutes cause as a matter of law.
Historical Note
Adopted effective July 27, 1983 (Supp. 83-4). Editorial correction, subsection (B), paragraph (8) “lawful” should read “unlawful” as filed for adoption effective July 27, 1983 (Supp. 85-1).