25 NCAC 01I .2308. PROCEDURAL REQUIREMENTS

The following procedural requirements must be followed to issue disciplinary action under this Section:

(1)           WRITTEN WARNING-to issue a written warning to an employee a supervisor must issue the employee a written warning, detailing the matters referenced in 25 NCAC 01I .2305, and including any applicable appeal rights.

(2)           DISCIPLINARY SUSPENSION WITHOUT PAY-to place an employee on disciplinary suspension without pay, the agency director or designated management representative must comply with the following procedural requirements:

(a)           In matters of unsatisfactory job performance, insure that the employee has received at least one prior disciplinary action.  In matters of grossly inefficient job performance or unacceptable personal conduct no prior disciplinary actions are required so an employee may be suspended without pay for a current incident of grossly inefficient job performance or unacceptable personal conduct;

(b)           Schedule and conduct a pre-suspension conference.  Advance oral or written notice of the disciplinary conference must be given to the employee of the time, location, and the issue for which discipline has been recommended.  The amount of advance notice shall be as much as is practical under the circumstances;

(c)           Furnish the employee a statement in writing setting forth the specific acts or omissions that are the reasons for the suspension;

(d)           Advise the employee of any applicable appeal rights in the document affecting the suspension.

(3)           DEMOTION – to demote an employee the agency director or designated management representative must comply with the following procedural requirements:

(a)           In matters of unsatisfactory job performance, insure that the employee has received at least one prior disciplinary action;

(b)           In matters of grossly inefficient job performance or unacceptable personal conduct, there is no requirement for previous disciplinary action, so an employee may be demoted for a current incident of grossly inefficient job performance or unacceptable personal conduct without any prior disciplinary action;

(c)           Give an advance oral or written notice of the pre-disciplinary conference to the employee of the time, location, and the issue for which discipline has been recommended.  The amount of advance notice shall be as much as is practical under the circumstances;

(d)           Give an employee who is demoted written notice of the specific acts or omissions that are the reasons for the demotion;

(e)           Advise the employee of how and to what extent the demotion will affect the employee’s salary rate or pay grade; and

(f)            Advise the employee of any applicable appeal rights in the document affecting the demotion.

(4)           DISMISSAL-Before an employee may be dismissed, an agency must comply with the following procedural requirements:

(a)           The supervisor recommending dismissal shall discuss the recommendation with the agency director or designated management representative who shall conduct a pre-dismissal conference with the employee.  The person conducting the pre-dismissal conference must have the authority to decide what, if any, disciplinary action shall be imposed on the employee.

(b)           The supervisor or designated management representative shall schedule a pre-dismissal conference with the employee.

(c)           Give an advance oral or written notice of the pre-disciplinary conference to the employee of the time, location, and the issue for which discipline has been recommended.  The amount of advance notice shall be as much as is practical under the circumstances.

(d)           The agency director or designated management representative shall conduct a pre-dismissal conference with the employee, limiting attendance to the employee and the person conducting the conference; a second management representative may be present at management’s discretion.  The purpose of the pre-dismissal conference is to review the recommendation for dismissal with the affected employee and to listen to and to consider any information put forth by the employee, in order to insure that a dismissal decision is sound and not based on misinformation or mistake.  Security personnel may be present when, in the discretion of the person conducting the conference, a need for security exists.  No attorney representing either side may attend the conference.

(e)           In the conference, management shall give the employee oral or written notice of the recommendation for dismissal, including specific reasons for the proposed dismissal and a summary of the information supporting that recommendation.  The employee shall have an opportunity to respond to the proposed dismissal action and to offer information or arguments in support of the employee's position.  Every effort shall be made by management to assure that the employee has a full opportunity during the conference to set forth any available information in opposition to the recommendation to dismiss prior to the end of the conference.  This opportunity does not include the option to present witnesses.

(f)            Following the conference, management shall review and consider the response of the employee and reach a decision on the proposed recommendation.  If management’s decision is to dismiss the employee, a written letter of dismissal containing the specific reasons for dismissal, the effective date of the dismissal and the employee's appeal rights shall be issued to the employee in person or by certified mail, return receipt requested, to the last known address of the employee.  To minimize the risk of dismissal upon erroneous information, and to allow time following the conference for management to review all necessary information, the decision to dismiss shall not be communicated to the employee in accordance with the Sub-item, prior to the beginning of the next business day following the conclusion of the pre-dismissal conference or after the end of the second business day following the completion of the pre-dismissal conference.

(g)           The effective date of a dismissal for unsatisfactory job performance shall be determined by management.  An employee with permanent status who is dismissed for unsatisfactory job performance may, at management’s discretion, be given up to two weeks working notice of his dismissal.  Instead of providing up to two weeks working notice and at the discretion of management an employee may be given up to two weeks pay in lieu of working notice.  Such working notice or pay in lieu of notice is applicable only to dismissal for unsatisfactory job performance.  The effective date of the dismissal shall not be earlier than the letter of dismissal nor more than 14 calendar days after the notice of dismissal.

 

History Note:        Authority G.S. 126-35; 126-36; 126-38; 150B, Article 3; 150B-23;

Eff. August 3, 1992;

Amended Eff. April 1, 2001; December 1, 1995.