Wyo. Code R. 006-0010-11
Effective Date: 12/07/2001 to 09/01/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 006.0010.11.12072001
(a) As used in this chapter, the word employee shall refer to permanent employees only.
(b) An agency head may discipline a permanent employee for cause including, but not limited to, the following reasons:
(i) Absenteeism; (ii) Incapacity to perform assigned duties; (iii) Assault; (iv) Carelessness; (v) Damaging State property; (vi) Dishonesty; (vii) Insubordination; (viii) Misconduct; (ix) Refusal to work; (x) Sexual harassment; (xi) Theft; (xii) Unsatisfactory work performance; (xiii) Criminal conduct; (xiv) Falsification of application for employment; (xv) Violation of agency rules or policy; (xvi) Violation of the State Personnel Rules;
(xvii) Violation of the State of Wyoming Substance Abuse Policy; (xviii) Violation of the State of Wyoming Anti-Discrimination Policy; (xix) Violation of the State of Wyoming Electronic Mail Policy; (xx) Violation of the State of Wyoming Internetworking Acceptable Use Policy; (xxi) Violation of the State of Wyoming Code of Ethics; and (xxii) Violation of the Workplace Violence Policy.
(c) At the request of the agency head, the Human Resources Division and the office of the Attorney General shall provide technical assistance in matters pertaining to the administration of employee discipline.
(a) Agency heads shall, except in cases of flagrant behavior, attempt to administer discipline to permanent employees in progressive stages so as to seek corrective results. In determining appropriate disciplinary action, the agency head should consider the following factors:
(i) Nature and extent of infraction; (ii) Employee's past record; and (iii) Effect on the operation of the agency.
(b) The agency head's determination of the appropriate action to be taken shall be based on an investigation of the facts and circumstances of the case. Progressive stages of discipline may include corrective action including but not limited to, letters of expectation, letters of counseling, or verbal or written warnings. However, the taking of such corrective action is not mandatory and an agency head may within his/her sole discretion determine to administer discipline as called for in Section 3 herein as an initial step of discipline to a permanent employee.
(a) Written Reprimand. A supervisor may formally discipline a subordinate employee for cause by providing a written reprimand to the employee specifying:
(i) Reason(s) for the reprimand:
(ii) Previous letters of expectation, letters of counseling, verbal or written warnings, unacceptable performance appraisals, discussions, or reprimands, if any;
(iii) Corrective action necessary to avoid further disciplinary action; and
(iv) The right to present a grievance pursuant to these rules.
(b) Disciplinary Suspension. An agency head may suspend, without pay, an employee for cause for up to thirty (30) days in a calendar year. The agency head shall provide the employee with written notification specifying:
(i) Reason(s) for the suspension;
(ii) Previous letters of expectation, letters of counseling, verbal or written warnings, unacceptable performance appraisals, discussions, or reprimands, if any;
(iii) The effective date and duration of the suspension;
(iv) The corrective action necessary to avoid further disciplinary action; and
(v) The right to present a grievance pursuant to these rules.
(c) A copy of the notice of suspension shall be sent to the Human Resources Division by the agency head.
(d) Dismissal.
(i) Dismissal of Permanent Employees. If previous disciplinary action has not served to achieve corrective results, or if the nature and extent of the employee's behavior is such that other disciplinary action is not appropriate, the agency head may dismiss a permanent employee.
(A) Prior to the dismissal of a permanent employee, the agency head shall provide to the employee written notification specifying:
(I) The reason(s) and summary of the evidence for dismissal; and
(II) An opportunity for the employee, within ten (10) working days, to respond in writing to the charge(s).
(B) The agency head shall have ten (10) working days to consider the response. If the agency head perceives that the employee's presence on the job may be detrimental to the operation of the agency, the agency head may suspend the employee, with pay, pending the dismissal review period.
(C) If after the dismissal review period the agency head determines dismissal is appropriate, the agency head shall provide, personally or by return receipt requested certified mail, written notification to the employee specifying:
(I) The reason(s) for the dismissal;
(II) The effective date of the dismissal; and
(III) The right to a hearing pursuant to these rules.
(ii) A copy of the notice of dismissal shall be sent to the Human Resources Division by the agency head.
(iii) Failure to comply with the procedural steps in this chapter by the agency terminates the dismissal procedure without prejudice. Parties shall be restored to the previous status held prior to the disciplinary action.