Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 7 - EMPLOYEE CORRECTIVE AND DISCIPLINARY ACTION
Section 27-120-7.3 - DUE PROCESS

A State Service employee may be dismissed or otherwise adversely affected as to compensation or employment status only after being given written notice and hearing, complying with due process of law. A Non-State Service employee may be dismissed or otherwise adversely affected as to compensation or employment status, with or without cause and is not entitled to due process.

Written notice means the employee is provided with a statement summarizing the reasons(s) the employee is facing possible disciplinary action. The notice should state with sufficient specificity the inefficiency and/or other good cause reason(s), so the employee may adequately respond. The notice must state an appointed time and location for the employee to respond to the allegation(s) in a hearing. The reason(s) listed in the notice will be the only reason(s) addressed throughout the appeals process. The employee may choose to submit a written waiver of the hearing or respond in writing to the allegation(s) in the notice.

The hearing is an informal conference between the employee and the appointing authority or designated representative. The employee must be provided the notice at least five (5) working days prior to the hearing. The purpose of the hearing is to give the employee a meaningful opportunity to respond to the allegation(s) in the notice and for the employer to determine if inefficiency or other good cause exists, warranting disciplinary action.

Administrative Leave/Suspension with Pay Pending the Employee's Due Process Hearing

An employee may be placed on administrative leave/suspension with pay before the due process hearing. The hearing must take place within twenty-five (25) working days from the first day of the administrative leave/suspension with pay and the written notice must be provided to the employee at least five (5) working days prior to the hearing. Factors an employer shall consider in determining if administrative leave/suspension with pay pending the hearing is appropriate include, but are not limited to:

* The seriousness of the allegation(s) against the employee, taking into account the mission of the agency and the employee's particular job duties;

* The reasonable possibility of serious disciplinary action being issued as a result of the pending hearing;

* Whether the employee's continued presence at work pending the hearing would be contrary to the best interests of the agency.

In circumstances where the employee has been charged with a felony, the employee may be suspended without pay before the hearing. This period of suspension without pay prior to the hearing shall not be considered as a disciplinary Suspension Without Pay pursuant to Section 7.5.