Current through Register Vol. 39, No. 6, September 16, 2024
(a) GRANDFATHER
PROVISIONS - The following Grandfather provisions establish the force and
effect of disciplinary actions in existence on December 1, 1995.
(1) Oral warnings - any oral warning existing
on December 1, 1995 is deemed void and has no further force or effect upon the
disciplinary status of any employee.
(2) All other disciplinary actions existing
on December 1, 1995 shall remain in full force and effect as if the warnings or
other disciplinary actions had been imposed under this Section. No written
warning or other disciplinary action imposed prior to December 1, 1995 shall be
deemed inactive by operation of the provisions of this Section until more than
18 months after December 1, 1995 or until the disciplinary action is deemed
inactive in accordance with
25 NCAC
01I .2309(b), whichever
occurs first.
(3) Extension of
Disciplinary Actions - any written warning or disciplinary action imposed prior
to December 1, 1995 may be extended in accordance with the provision of this
Section as if the warning or disciplinary action had been imposed after
December 1, 1995. No unresolved written warning or disciplinary action issued
prior to December 1, 1995 shall become inactive if within 18 months of December
1, 1995, another disciplinary action or warning is imposed on the employee.
Notice of the extension of the active status of a disciplinary action may be
given at any time within 18 months of the effective date of the disciplinary
action.
(4) Resolution of
disciplinary actions under prior agency - any warning or disciplinary action
existing on December 1, 1995 shall be deemed inactive if it would have been
resolved under the agency procedure existing prior to December 1,
1995.
(b) INACTIVE
DISCIPLINARY ACTION - Any disciplinary action issued after December 1, 1995, is
deemed inactive for the purpose of this Section in the event that:
(1) the manager or supervisor notes in the
employee's personnel file that the reason for the disciplinary action has been
resolved or corrected; or
(2) 18
months have passed since the warning or disciplinary action, the employee does
not have another active warning or disciplinary action which occurred within
the last 18 months and the agency has not, prior to the expiration of the 18
month period, issued to the employee written notice, including reasons, of the
extension of the period.
(c) PLACEMENT ON INVESTIGATION -
Investigation status is used to temporarily remove an employee from work
status. Placement on investigation with pay does not constitute a disciplinary
action as defined in this Section or in
G.S.
126-35. Management must notify an employee in
writing of the reasons for investigatory placement not later than the second
scheduled work day after the beginning of the placement. An investigatory
placement with pay may last no longer than 30 calendar days without written
notice of extension by the agency director. When an extension beyond the 30-day
period is required, the agency must advise the employee in writing of the
extension, the length of the extension, and the specific reasons for the
extension. If no action has been taken by an agency by the end of the 30 day
period and no further extension has been imposed, the agency must either take
appropriate disciplinary action on the basis of the findings upon investigation
or return the employee to active work status. Under no circumstances is it
permissible to use placement on investigation status for the purpose of
delaying an administrative decision on an employee's work status pending the
resolution of a civil or criminal court matter involving the employee. It is
permissible to place an employee in investigation status with pay only under
the following circumstances:
(1) To
investigate allegations of performance or conduct deficiencies that would
constitute just cause for disciplinary action;
(2) To provide time within which to schedule
and conduct a pre-disciplinary conference; or
(3) To avoid disruption of the work place or
to protect the safety of persons or property.
(d) CREDENTIALS - By statute, and rule, some
duties assigned to positions may be performed only by persons who are duly
licensed, registered or certified as required by the relevant provision. All
such requirements and restrictions are specified in the statement of essential
qualifications or recruitment standards for classifications established by the
State Human Resources Commission or in the position description for the
position.
(1) Employees in such
classifications are responsible for obtaining and maintaining current, valid
credentials as required by law. Failure to obtain or maintain the legally
required credentials constitutes a basis for immediate dismissal without prior
warning, consistent with dismissal for unacceptable personal conduct or grossly
inefficient job performance. An employee who is dismissed for failure to obtain
or maintain credentials shall be dismissed under the procedural requirements
applicable to dismissals for unacceptable personal conduct or grossly
inefficient job performance.
(2)
Falsification of employment credentials or other documentation in connection
with securing employment constitutes just cause for disciplinary action. When
credential or work history falsification is discovered after employment with an
agency, disciplinary action shall be administered as follows:
(A) If an employee was determined to be
qualified and was selected for a position based upon falsified work experience,
education, registration, licensure, or certification information that was a
requirement for the position, the employee must be dismissed in accordance with
25 NCAC
01I .2304.
(B) In all other cases of post-hiring
discovery of false or misleading information, disciplinary action shall be
taken, but the severity of the disciplinary action shall be at the discretion
of the agency head.
(C) When
credential or work history falsification is discovered before employment with
an agency, the applicant shall be disqualified from consideration for the
position in question.
(e) OTHER SPECIAL PROVISIONS -
(1) Every disciplinary action shall include
notification to the employee in writing of any applicable appeal
rights.
(2) Warnings, extension of
disciplinary actions and periods of placement on investigation, and placement
on investigation with pay are not grieveable unless an agency specifically
provides for such a grievance in its agency grievance procedure. Allegations of
a violation of
G.S.
153A-98,
130A-42,
122C-158 shall be processed in
compliance with procedures established in accordance with these statutory
requirements.
(3) An agency shall
furnish to an employee, as an attachment to the written documentation of a
grievable disciplinary action, a copy of the agency grievance
procedure.
Authority
G.S.
126-4;
126-35;
Eff. December
1, 1995;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. August 20,
2016.
