1. (a) An appointing authority may, with the approval of the director, suspend an employee without pay for a period of up to 30 calendar days when:

   1. (1) The nature of the criminal charges brought conflict with the duties and responsibilities of the employee’s position; and
   2. (2) The criminal charges warrant the removal of the employee from the worksite.

2. (b) In approving an employee’s suspension without pay under (a) above, the director shall base the determination on factors such as, but not limited to, the following:

   1. (1) Whether the employee presents a danger to themselves, to others, or to state property or records during the pendency of the criminal proceedings;
   2. (2) Whether the employee’s presence in the workplace impedes the criminal proceedings or intimidates witnesses or coworkers;
   3. (3) Whether the employee’s presence in the workplace during the pendency of the criminal proceedings disrupts the workplace;
   4. (4) Whether the employee’s presence in the workplace provides an opportunity to the employee to hide or destroy evidence relevant or necessary to the criminal proceedings;
   5. (5) Whether the criminal proceedings make it impossible for the employee to complete core tasks of the position, such as law enforcement, direct care, or similar duties; and
   6. (6) The likelihood that the employee will have access to or attempt to influence or intimidate witnesses necessary to the criminal proceedings.
3. (c) The appointing authority may request the director’s approval to extend the suspension without pay for one or more additional periods not exceeding 30 days each.

4. (d) The director shall grant an extension requested under (c) above if, at the end of a period of suspension, the appointing authority demonstrates that:

   1. (1) The conditions set forth in (a) above continue to exist; and
   2. (2) The criminal proceedings have not been completed.
5. (e) If, at the conclusion of the criminal proceedings, the appointing authority determines that no disciplinary action is warranted, the employee shall be returned to paid status and shall be entitled to any loss of compensation, less the amount of any wages the employee earned during the period of suspension.
6. (f) If, at the conclusion of the criminal proceedings, the appointing authority determines that some disciplinary action is warranted other than termination for cause, the employee shall be returned to paid status and shall be entitled to any loss of compensation, less the amount of any wages the employee earned during the period of suspension and less the value of any suspension or demotion, if imposed.

Source. (See Revision Notes at chapter heading for Per 100) by #8738, eff 10-18-06; ss by #10817, eff 5-17-15; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-36