Idaho Administrative Code
Title IDAPA 15 - Governor, Office of
Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION
Section 15.04.01.190 - DISCIPLINARY ACTIONS

Universal Citation: ID Admin Code 15.04.01.190

Current through August 31, 2023

01. Cause for Disciplinary Actions or Separation From State Service. Dismissal, suspension, demotion, or the reduction in pay, of a classified employee, may occur for any of the following causes during the employee's employment: (3-31-22)

a. Failure to perform the duties and carry out the obligations imposed by the state constitution, state statutes, or rules of the agency or the Division and Idaho Personnel Commission. (3-31-22)

b. Inefficiency, incompetency, or negligence in performing duties, or job performance that fails to meet established performance standards. (3-31-22)

c. Physical or mental incapability for performing assigned duties, if a reasonable accommodation cannot be made for the disabling condition. (3-31-22)

d. Refusal to accept a reasonable and proper assignment from an authorized supervisor. (3-31-22)

e. Insubordination or conduct unbecoming a state employee or conduct detrimental to good order and discipline in the agency. (3-31-22)

f. Intoxication or being under the influence of alcohol, or the misuse of medications or controlled substances, while on duty. (3-31-22)

g. Careless, negligent, or improper use or unlawful conversion of state property, equipment, or funds. (3-31-22)

h. Use of any influence which violates the principles of the merit system in an attempt to secure a promotion or privileges for individual advantage. (3-31-22)

i. Conviction of official misconduct in office, or conviction of any felony, or conviction of any other crime involving moral turpitude. (3-31-22)

j. Acceptance of gifts in exchange for influence or favors given in the employee's official capacity. (3-31-22)

k. Habitual pattern of failure to report for duty at the assigned time and place. (3-31-22)

l. Habitual improper use of sick leave. (3-31-22)

m. Unauthorized disclosure of confidential information from official records. (3-31-22)

n. Absence without leave. (3-31-22)

o. Misstatement or deception in application for employment. (3-31-22)

p. Failure to obtain or maintain a current license or certificate lawfully required as a condition in performance of duties. (3-31-22)

q. Prohibited participation in political activities. (Ref. Section 67-5311, Idaho Code) (3-31-22)

02. Suspension for Investigation. An appointing authority may place an employee on administrative leave for investigation of disciplinary causes enumerated in Rule 190.01. Each suspension for investigation will be superseded by reinstatement to duty, dismissal, disciplinary demotion, or suspension within thirty (30) calendar days of the suspension for investigation or within an extension of an additional thirty (30) calendar days approved by the administrator. Further extensions may be granted with the approval of the Administrator. (3-31-22)

03. Disciplinary Suspension. An appointing authority may suspend without pay an employee for discipline for causes enumerated above. Disciplinary suspension of an employee with permanent status is subject to appeal by the employee to the Commission. (3-31-22)

04. Suspension on Felony Charges. An appointing authority may suspend without pay an employee upon the issuance of a complaint, an information or indictment for felony charges. Such suspensions may remain in effect during the time such charges are pending. Full reinstatement of all benefits and salary that the employee would have otherwise been entitled must be provided by the appointing authority to the employee upon a subsequent finding that charges or information were without grounds or the employee was not found guilty. For the purpose of this rule, a judgment withheld under Rule 33(d) of the Idaho Rules of Criminal Procedure is a conviction. (3-31-22)

05. Notice to Administrator. Whenever an appointing authority considers it necessary to take disciplinary action against an employee, he must notify the employee and the administrator concurrently in writing; and set forth the specific rules violated and the reasons for the action. Suspensions with pay for investigation (Ref. Rule 190.02) may be made without prior notice to the employee; in this case, the appointing authority must notify the administrator as soon as practical. (3-31-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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