Current through Register No. 12, March 21, 2024
(a) Dismissal shall be considered the most
severe form of discipline.
(b) An
appointing authority may dismiss an employee without prior warning for offenses
such as, but not necessarily limited to, the following:
(1) Driving a state vehicle without a license
or proper authorization;
(2) Loss
or expiration of a license or certification or other form of permission
required by the class specification or supplemental job description for the
performance of the duties of a position;
(3) Failure to report to the agency the loss,
suspension or expiration of a license, certification or other form of
permission required by the class specification;
(4) Performing duties that require a license,
certificate or other form of permission when such license, certificate or other
form of permission has expired or has been revoked or suspended;
(5) Theft of valuable goods or services from
the state or from any other employee or individual served by the
agency;
(6) Willful abuse,misuse or
destruction of state property or the property of any employee or individual
served by the agency which, in the opinion of the appointing authority,
represents a substantial cost for repair or replacement;
(7) Violation of a posted or published agency
policy or procedure, the text of which warns that violation of same may result
in dismissal;
(8) Threatening
another employee or individual served by the agency;
(9) Endangering the life, health or safety of
another employee or individual served by the agency;
(10) Obstructing an internal
investigation;
(11) Refusing to
accept a job assignment, provided that the employee has first been informed
that refusing the job assignment may result in termination;
(12) Falsification of any agency records
received, maintained or utilized by the agency;
(13) Persistent refusal to follow the
legitimate directives of a supervisor;
(14) Willful misuse of a supervisory
position;
(15) Absence for a period
of 3 or more consecutive work days without proper notification or acceptable
reason;
(16) Willful release of
confidential information, provided that the agency has a policy detailing which
records are deemed confidential;
(17) Failure to report to work without
acceptable reason on the next business day following the expiration of an
approved leave of absence;
(18)
Inability to perform duty assignments due to being under the influence of
alcohol or drugs;
(19) Consumption
of alcohol while on duty;
(20) The
use, possession, distribution, dispensation, or manufacture of a controlled
substance at any duty station or workplace, unless such use, possession,
distribution, dispensation or manufacture is lawful under state or federal law
regulating controlled substances;
(21) Failure to report in writing to the
appointing authority any criminal conviction based on the unlawful use,
possession, distribution, dispensation or manufacture of a controlled substance
at a state workplace within 5 days from entry of the trial court's decision,
regardless of whether an appeal is taken;
(22) Conviction of any criminal offense based
upon the unlawful use, possession, distribution, dispensation or manufacture of
a controlled substance at a state workplace, provided that:
a. An appointing authority shall take
appropriate disciplinary action, including possible conditional discipline, for
violations of this subparagraph within 30 calendar days after learning of a
conviction; and
b. An appointing
authority shall have the discretion to condition the severity or nature of any
disciplinary sanctions for violations of Per 1002.08(b) (18), (19) or (20), or
for any other misconduct in which abuse of a controlled substance is a
substantial factor, upon the employee's satisfactorily completing a specific
controlled substance rehabilitation program recommended or certified for such
purposes by the office of alcohol and drug abuse prevention, the division of
public health services, or an appropriate federal or local agency;
(23) Violation of a law related to
an employee's job duties or conviction of any criminal offense relating to the
employee's job duties;
(24)
Sexually harassing conduct, including unwelcome sexual advances, requests for
sexual favors, or other verbal, non-verbal or physical conduct of a sexual
nature;
(25) Unlawful
discrimination or retaliation for engaging in a legally protected
activity;
(26) Repeated
unauthorized use or gross misuse of information or communications systems;
or
(27) Failure or refusal to
produce upon request documents or records, whether hard copy or electronic,
that are the property of the agency or state.
(c) An appointing authority may dismiss an
employee who has received multiple warnings for the offenses described in this
part as stated below:
(1) An appointing
authority may dismiss an employee for conduct described in Per 1002.04 when the
employee has previously received 2 written warnings for the same or
substantially similar type of conduct or offense within a period of 5 years, by
issuing a final written warning and notice of dismissal as set forth in this
rule; and
(2) An appointing
authority may dismiss an employee for conduct described in Per 1002.04 when the
employee has previously received 4 written warnings for similar or disparate
types of conduct or offenses within a period of 5 years by issuing a final
written warning and notice of dismissal.
(d) No appointing authority shall dismiss a
classified employee under this section until the appointing authority:
(1) Offers to meet with the employee to
discuss whatever evidence which the appointing authority believes supports the
decision to dismiss the employee;
(2) Offers to provide the employee with an
opportunity to refute the evidence presented by the appointing authority
provided
, however:
a. An
employee's failure to respond to a request for a meeting with the appointing
authority shall not bar the appointing authority from dismissing an employee
pursuant to this part; and
b. An
employee's refusal to meet with the appointing authority shall not bar the
appointing authority from dismissing an employee pursuant to this part;
and
(3) Documents in
writing the nature and extent of the offense.
(e) If an appointing authority, having
complied with the provisions of Per 1002.08(d) finds that there are sufficient
grounds to dismiss an employee, the appointing authority shall:
(1) Provide a written notice of dismissal,
specifying the nature and extent of the offense;
(2) Notify the employee in writing that the
dismissal may be appealed under the provisions of RSA 21-I: 58, within 15
calendar days of the notice of dismissal; and
(3) Forward a copy of the notice of dismissal
to the director.
(f) An
appeal filed under the provisions of
RSA 21-I:58 shall not stay the dismissal
decision.
(g) Nothing in this rule
shall prohibit an appointing authority from allowing an employee to request
that he or she be allowed to resign in lieu of discharge provided that:
(1) The employee makes such request in
writing;
(2) The employee certifies
in writing that the resignation was given after review and consideration of the
evidence used to support the decision to dismiss the employee; and
(3) The employee certifies in writing the
employee's understanding that a resignation in lieu of dismissal for cause may
not be resolved through the settlement of disputes, pursuant to Part Per 205,
or, except as otherwise provided in Per 205.08(i), by appeal to the board
pursuant to the provisions of RSA 21-I: 58.
(h) Nothing in this rule shall require that
an appointing authority allow an employee to resign in lieu of being dismissed
for cause as provided in this part.