Current through Register Vol. 35, No. 18, September 24, 2024
A. The dismissal, demotion or suspension of a
covered employee shall be accomplished according to the following procedure.
(1) The employee will be served by the
district attorney, or their designee, with a written notice of the proposed
disciplinary action which shall:
(a) cite the
specific action or acts allegedly constituting just cause;
(b) provide an explanation of the evidence
that the district attorney or their designee has;
(c) specify what the proposed disciplinary
action is; and
(d) state that the
employee, or a representative of the employee's choosing, has five (5) working
days from service of the notice to respond to the district attorney or their
designee in writing to the notice or to request an opportunity to be
heard.
(2) If service of
the notice is by certified mail, with return receipt requested, three (3)
working days shall be added to the time for an answer.
(3) If the employee requests a
pre-disciplinary review, the district attorney or designee shall conduct such
review within five (5) working days of the district attorney's or designee's
receipt of the request, unless the employee and the employer agree, in writing,
to an extension of time. The review is not a formal evidentiary
proceeding.
B. The
district attorney or their designee shall consider the employee's response, if
any, and determine what action is appropriate within five (5) working days of
the response. If the employee does not respond to the notice of proposed
disciplinary action, the district attorney or designee may proceed to determine
the appropriate action and serve a notice of final decision no later than ten
(10) working days after the employee receives the written notice of proposed
action. The district attorney or their designee may proceed with a notice of
final decision before the end of the five (5) day period for response if the
employee's response is received or the review is concluded prior to the
expiration of this period.
C. The
written notice of final decision must:
(1)
specify the date of service of the notice of proposed disciplinary
action;
(2) identify the specific
acts constituting just cause, which may not include acts not specified in the
notice of proposed disciplinary action;
(3) specify the disciplinary action, if any,
to be taken;
(4) specify the
effective date of the dismissal, demotion or suspension which must be at least
twenty-four (24) hours from the date of service; and
(5) inform the covered employee that the
disciplinary action may be appealed to either the district attorneys personnel
review board or to the state personnel office within thirty (30) days of the
effective date of the disciplinary action.
D. The disciplinary action will not be
stayed, pending the completion of the appeal process.
