Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 7 - EMPLOYEE CORRECTIVE AND DISCIPLINARY ACTION
Section 27-120-7.4 - DISCIPLINARY/CORRECTIVE ACTION DECISION

In the hearing, the appointing authority or designated representative should only consider the reasons stated in the written notice, any related supporting documentation, and the employee's response. A determination and recommendation from the designated representative to the appointing authority should include both a summary of the employee's response and the basis for the decision and recommendation. The appointing authority should carefully consider the designated representative's determination and recommendation but may choose to accept or disregard the recommended personnel action.

If it is determined that inefficiency or other good cause exists, factors to consider in determining the appropriate personnel action include, but are not limited to:

* The seriousness of the misconduct/unsatisfactory job performance.

* The mission of the agency and the employee's particular duties.

* The employee's assigned level of responsibility.

* The employee's previous record of both formal and informal disciplinary/corrective action

* Consistency with past disciplinary/corrective action for other similarly situated employees

Disciplinary action should be timely, and employers are to ensure fair treatment for employees while also providing efficient operation of the agency. When warranted, employers should practice progressive disciplinary/corrective action to address employee misconduct or unsatisfactory job performance. Depending on the particular circumstances, escalated disciplinary/corrective action may not be possible.

If a disciplinary notice is issued as a result of the due process hearing, the notice shall:

* Re-state the reasons contained in the written notice that was the subject of the due process hearing and were determined to be inefficiency or other good cause for disciplinary action. The reason(s) listed in the notice will be the only reason(s) addressed throughout the appeals process;

* State the effective date(s) of the disciplinary action. If the employee is involuntarily demoted, the notice should state the new job class and salary;

* State the decision may be appealed to the Mississippi Employee Appeals Board (MEAB) with a written Notice of Appeal filed within fifteen (15) calendar days after receipt of the disciplinary notice or within fifteen (15) calendar days of the first attempted delivery date by certified mail, return receipt request, whichever occurs first. The disciplinary notice may be hand delivered or sent by certified mail;

* Refer the employee to chapter nine (9) of the MSPB Handbook for additional information concerning appeals to the MEAB;

* Be issued by the appointing authority

Mississippi Code Annotated § 25-9-127 provides that any State Service employee who appeals to the MEAB his or her dismissal or action adversely affecting compensation or employment status shall be required to furnish evidence that the reasons stated by the employer are not true or are not sufficient grounds for the action taken.