Current through March 20, 2024
Four (4) forms of disciplinary action are available for
supervisory use by the Department. The seriousness and/or nature of the
situation will determine the form of discipline to be used. These are:
004.01
Suspension Without
Pay. A suspension without pay is an ordered suspension from duty
for a prescribed period of time for which no pay, vacation, sick, or holiday
leave is granted, nor is vacation, sick, or holiday leave accrued. A suspension
without pay may be ordered only upon written approval of the Deputy
Commissioner.
004.01A The length of the
suspension will be determined by the Deputy Commissioner in view of the
seriousness of the violation and/or continued violation after the employee has
been duly warned.
004.01B An
ordered suspension without pay will be in writing and signed by the Deputy
Commissioner, and will become part of the employee's official personnel file.
If the employee is absent when a suspension without pay is ordered, the Deputy
Commissioner will direct written notice to that employee by one of the
following methods: Certified Mail with instructions to "Deliver to Addressee
Only, Return Receipt Requested;" personal delivery or deposit to the employee's
last known address; or by email to the employee's personal email address with
agreement of the employee.
004.02
Disciplinary
Demotion. The movement of an employee from the present position to
one of lesser responsibility and/or authority and to a lower salary, may be
ordered only upon the written approval of the Deputy Commissioner, a copy of
which is provided to the employee.
004.02A A
request for disciplinary demotion shall be in writing with full documentation,
signed by the supervisor and the appropriate Office Administrator. The
disciplinary demotion will be signed by the Deputy Commissioner and will become
a part of the employee's official personnel file. An employee who is the
subject of a disciplinary demotion will also be placed on secondary probation
as described in Chapter 5, Section 003 of this Title.
004.03
Administrative
Probation. An administrative probation is a period of time, not
more than six (6) calendar months, imposed by the appropriate Team Leader, for
disciplinary reasons during which the employee must rectify the performance or
behavior which led to the imposition of the disciplinary action. The notice of
administrative probation will be in writing, dated, and will inform the
employee of the reason for the probation, the action required for improvement,
and state that failure to improve may result in further action. The employee
will acknowledge receipt of the probation notice by signing the document. The
employee's signature on the notice of administrative probation does not imply
agreement with the notice of administrative probation.
004.03A Employees placed in an administrative
probationary status will not be promoted or granted pay increases during the
administrative probationary period.
004.03B Employees granted vacation, sick,
holiday, bereavement, civil, administrative, or military leave while on
administrative probation may have their probation extended by the number of
days absent on leave.
004.03C The
administrative probation may be extended by the Deputy Commissioner for a
period not to exceed a cumulative total of one (1) calendar year unless
extended in accordance with the provisions of Section
004.03B of this
Chapter. Reasons for such extension will be made known to the employee in
writing.
004.03D The termination of
a regular employee on administrative probation does not preclude the filing of
a grievance by the employee.
004.03E An employee may be placed on
administrative probation, upon return to work, following a
suspension.
004.03F An employee may
be removed from administrative probation at any time.
004.04
Dismissal. An
employee may be dismissed from employment with the Department for failure to
respond to previous corrective or disciplinary actions or when circumstances
render any preceding steps unnecessary or inappropriate.
004.04A The Office Administrator and the
employee's immediate supervisor, if other than the Office Administrator, shall
recommend dismissal to the Commissioner in writing, and the decision to dismiss
or take another action will be made by the Commissioner.
004.04B The Commissioner will inform the
employee in writing of a time at which the employee may present any additional
facts, material, or evidence regarding his/her dismissal to the Commissioner.
Failure by the employee to appear before the Commissioner acts as a waiver by
the employee to the aforementioned meeting prior to action by the
Board.
004.04C The employee may be
represented by a third party in the meeting with the Commissioner, but the
time, date and/or place of said meeting will not be postponed or rescheduled
because the representative of the employee is unable to attend unless both the
Commissioner and the employee mutually agree to another time, date and/or
place.
004.04D Within five (5)
workdays following the scheduled date of the meeting with the Commissioner, the
Commissioner will provide the employee a copy of his/her decision and the
action which the Commissioner has decided to impose. This written decision may
be hand-delivered, sent by Certified Mail, sent by regular U.S. Mail to the
employee, or provided by email with prior agreement of the employee. The five
(5) workday period may be extended upon agreement between the Commissioner and
the employee. For the purposes of this subsection, the date the written
decision is "provided" to the employee is (a) two (2) business days after it
was deposited in the regular U.S. Mail; or (b) the date of personal or
certified delivery, or the date it was emailed.
004.04D1 The employee may obtain a hearing
before the Board or, at the Board's option, its designated hearing officer, by
delivering a written request to the Commissioner within ten (10) workdays of
receipt of the Commissioner's letter of notice; and
004.04D2 The date, time, and place of the
hearing will be communicated in writing to the employee.
004.04D3 When a hearing is held, the employee
may be present and be heard, be represented by counsel, examine documentary
evidence presented, cross-examine witnesses, offer documentary evidence, and
present witnesses. Hearings are conducted in accordance with Title 92,
Nebraska Administrative Code, Chapter 61.
004.04D3a The Hearing Officer's findings of
fact and recommendation to the Board and the Board's order in a contested case
are public records.
004.04E If the Commissioner's decision is to
dismiss the employee, the Commissioner may elect to take whatever action he/she
chooses which effects the employee until the dismissal becomes final, including
placing the employee on suspension without pay. Such action will be in writing
and be included with the written decision provide under Section
004.04D of this
Chapter.
004.04F If no timely
written request of a hearing is received by the Commissioner, the dismissal
decision becomes final and will appear in the Commissioner's Report , for the
next regularly scheduled Board meeting.
004.04G When the Department determines that
immediate disciplinary action is required for an employee not officed in
Lincoln, the Commissioner or a Deputy Commissioner may designate an individual
to sign and deliver the notice of disciplinary action to the employee for the
Commissioner or a Deputy Commissioner. The disciplinary action will be
effective immediately upon the receipt of such notice by the employee. The
Commissioner or a Deputy Commissioner will subsequently sign and forward a copy
of such notice to the disciplined employee.
