1. (1) Management may discipline any employee for any of the following causes or reasons:

   1. (a) noncompliance with these rules, agency or other applicable policies, including safety policies, agency professional standards, standards of conduct, and workplace policies;
   2. (b) work performance that is inefficient or incompetent;
   3. (c) failure to maintain skills and adequate performance levels;
   4. (d) insubordination or disloyalty to the orders of a superior;
   5. (e) misfeasance, malfeasance, or nonfeasance;
   6. (f) any incident involving intimidation, physical harm, or threats of physical harm against coworkers, management, or the public;
   7. (g) the employee no longer meets the requirements of the position;

   8. (h) conduct, on or off duty, which creates a conflict of interest with the employee's public responsibilities or impacts that employee's ability to perform job assignments;

      1. (i) failure to advance the good of the public service, including conduct on or off duty which demeans or harms the effectiveness or ability of the agency to fulfill its mission;
   9. (j) dishonesty; or
   10. (k) misconduct.
2. (2) Management shall consult with DHRM before disciplining an employee.

3. (3) Disciplinary actions for career service employees are governed by principles of due process and Section 63A-17-306. When administering a disciplinary action, management shall:

   1. (a) notify the employee in writing of the proposed discipline, the reasons supporting the proposed action, and the right to reply within five working days;
   2. (b) grant the employee at least five working days to reply;
   3. (c) consider any timely reply before imposing discipline; and
   4. (d) impose any discipline in accordance with these rules.

4. (4) After complying with Subsection (3) for a career service employee or for any career service exempt employee not subject to the same procedural rights, management may impose:

   1. (a) a written reprimand;
   2. (b) a suspension without pay up to 30 calendar days per incident requiring discipline;
   3. (c) a demotion as defined in Rule R477-1 and in accordance with Section R477-11-2; or
   4. (d) a dismissal in accordance with Section R477-11-2.
5. (5) Management shall notify the employee in writing of the discipline, the reasons for the discipline, the effective date, and length of the discipline when the discipline is imposed.
6. (6) Management shall notify any career service employee that the imposed disciplinary action is subject to the grievance procedures, except under Section 67-19a-402.5.

KEY: discipline of employees, dismissal of employees, grievances, government hearings

Date of Last Change: July 3, 2024

Notice of Continuation: March 9, 2022

Authorizing, and Implemented or Interpreted Law: 63A-17-106; 63A-17-306; 63G-2-3