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478-1-.15 ADVERSE ACTIONS AND INTRA-AGENCY APPEALS. Amended.
SECTION 15.100. GENERAL PROVISIONS.
PAR. 15.101. Adverse action is defined as a disciplinary action taken by an appointing authority which results in the suspension without pay, demotion, reduction in salary, or dismissal of a permanent employee. It does not include actions resulting from reduction in force, insufficient funds, decrease in funds, or change in departmental needs. (09-23-87/11-12-87)
PAR. 15.102. Except as provided in Section 15.700, an employee against whom an adverse action is proposed shall be provided: (12-17-75/01-19-76)
A. At least fifteen (15) calendar days advance written notice of the proposed action stating the specific charges or reasons for which the action is to be taken; (12-17-75/01-19-76)
B. A reasonable time in which to refute such charges; and (12-17-75/01-19-76)
C. Written determination of the final action. (12-17-75/01-19-76)
SECTION 15.200. TYPES OF ADVERSE ACTIONS.
PAR. 15.201. Suspension Without Pay. The appointing authority may suspend an employee without pay for disciplinary purposes or for pending criminal court action when such pending criminal court action may deter the employee's effectiveness in employment. (09-23-87/11-12-87)
PAR. 15.201.1. A suspension without pay for disciplinary purposes should be proportional to the offense and shall not exceed thirty (30) calendar days for any one offense, or for multiple offenses arising out of the same incident. The appointing authority may suspend an employee for disciplinary purposes because of: negligence or inefficiency in performing assigned duties; inability or unfitness to perform assigned duties; insubordination; misconduct; conduct reflecting discredit on the department; commission of a felony or other crime involving moral turpitude; chronic tardiness or absenteeism; failure to report for or remain at work without justifiable cause; failure to process performance appraisals in a timely manner; or political activity in violation of Rule 3. (05-27-93/06-09-93)
PAR. 15.201.2. A suspension for pending criminal court action shall not exceed the period of time necessary for the disposition of the action. (09-22-94/10-06-94)
PAR. 15.201.3. At the end of a period of suspension without pay for pending criminal action the employee shall be returned to duty or terminated in accordance with other sections of these rules. If the disposition of the criminal action does not include any penalty to the employee, the employee shall be reinstated in accordance with the provisions of Par. 20.404. (05-27-93/06-09-93)
PAR. 15.202. Disciplinary Salary Reduction. The appointing authority may reduce an employee's salary for disciplinary purposes because of: negligence or inefficiency in performing assigned duties; inability or unfitness to perform assigned duties; insubordination; misconduct; conduct reflecting discredit on the department; chronic tardiness or absenteeism; commission of a felony or other crime involving moral turpitude; failure to report for or remain at work without justifiable cause; failure to process performance appraisals in a timely manner; or political activity in violation of Rule 3. (05-27-93/06-09-93)
PAR. 15.203. Demotion. The appointing authority may demote an employee because of: negligence or inefficiency in performing assigned duties; inability or unfitness to perform assigned duties; insubordination; misconduct; conduct reflecting discredit on the department; commission of a felony or other crime involving moral turpitude; chronic tardiness or absenteeism; failure to report for or remain at work without justifiable cause; failure to process performance appraisals in a timely manner; or political activity in violation of Rule 3. (05-27-93/06-09-93)
PAR. 15.204. Dismissal. The appointing authority may dismiss an employee because of: negligence or inefficiency in performing assigned duties; inability or unfitness to perform assigned duties; insubordination; misconduct; conduct reflecting discredit on the department; commission of a felony or other crime involving moral turpitude; chronic tardiness or absenteeism; failure to report for or remain at work without justifiable cause; failure to process performance appraisals in a timely manner; or political activity in violation of Rule 3. (05-27-93/06-09-93)
SECTION 15.300. NOTICE OF PROPOSED ADVERSE ACTION.
PAR. 15.301. The appointing authority must give a classified employee who has obtained permanent status a written notice of any proposed adverse action at least fifteen (15) calendar days prior to the effective date of the adverse action except for an emergency situation as set forth in Section 15.700. (09-23-87/11-12-87)
PAR. 15.302. The notice of proposed adverse action must include the following:
A. The effective date of the adverse action which must be at least fifteen (15) calendar days after the date notice of the proposed action is presented to or received by the employee, or properly delivered to the employee's last known address; (09-23-87/11-12-87)
B. The specific charges or reasons for the adverse action; (02-18-82/03-30-82)
C. A statement advising that the employee has a right to respond to the charges or reasons in writing, or appear before a named official of the department at an agreed time during regular business hours within the response period specified in Par. 15.402.B; (06-26-97/06-30-97)
D. A statement advising the employee that a failure to respond to the charges during the response period will result in the action being effective on the date specified without further notice; and, (06-26-97/06-30-97)
E. A warning that failure to respond by the date set forth in the notice will result in a waiver of all further appeal rights including any appeal to the State Personnel Board under Rule 14. (12-17-75/01-19-76)
SECTION 15.400. EMPLOYEE RESPONSE PROCEDURE.
PAR. 15.401. The employee response procedure is created to protect the employee from erroneous or arbitrary adverse action. It is also created to afford the agency an opportunity to re- evaluate its position on proposed adverse actions or forfeiture of position and to affirm or correct if necessary. (06-26-97/06-30-97)
PAR. 15.402. The procedure does not require a full evidentiary hearing prior to the action. It requires only that the employee be given an opportunity to respond to the charges before a responsible official of the department. The procedure must meet the following minimum requirements: (06-26-97/06-30-97)
A. The person to whom the response is to be made must be someone who has authority to countermand or delay the proposed action; (06-26-97/06-30-97)
B. The employee must respond within ten (10) calendar days from the date the notice of proposed action is received. If there is no response by the employee by the date required in the notice of proposed action, the employee waives all further appeal rights. There can be no further appeal, including any appeal to the State Personnel Board; (06-26-97/06-30-97)
C. The response may be made in writing, or in person, or both; (06-26-97/06-30-97)
D. The employee may submit affidavits to support the response; and, (06-26-97/06-30-97)
E. The official who hears the response may conduct further investigation as to the charges. (02-19-75/02-21-75)
PAR. 15.403. Extension or Change in the Charges or the Adverse Action.
PAR. 15.403.1. If the official to whom the response is made determines that more than three (3) calendar days are needed to consider the employee's response to the proposed action, said official may extend the period of consideration for a reasonable number of days by notifying the employee as to the length of the extension. The extension notice shall also state that the effective date of the proposed action shall be delayed the same number of days as the length of the period of extension for consideration. (06-26-97/06-30-97)
PAR. 15.403.2. If the official to whom the response is made determines that charges in addition to, or substantially different from, those enumerated in the Notice of Proposed Adverse Action should be made, or that the adverse action should be more severe than the action specified in the Notice of Proposed Adverse Action or Forfeiture of Position, said official shall revoke the Notice by written notification to the employee. A new action, or other appropriate action, may then be instituted against the employee in accordance with these rules. (06-26-97/06-30-97)
SECTION 15.500. DETERMINATION OF FINAL ACTION.
PAR. 15.501. The official to whom the response is made shall issue a notice of determination of final action not later than three (3) calendar days after the date of response except as provided in Par. 15.403.1. The notice shall include:
A. The final action, i.e., dismissal, forfeiture of position, suspension, demotion, disciplinary reduction in salary or no action (employee's position upheld). The final adverse action may be different from, but not more severe than, the proposed action; (06-26-97/06-30-97)
B. The specific charges for which the final action is taken; (06-26-97/06-30-97)
C. The effective date of the final action (This date may not be any earlier than the effective date in the notice of proposed action.); and, (06-26-97/06-30-97)
D. A statement advising that the employee may appeal this determination to the State Personnel Board pursuant to Rule 14 by filing an appeal in writing with the Office of State Administrative Hearings within ten (10) calendar days from the date the employee receives written notice of the final action or decision; or the effective date of the action or decision, whichever is later. (06-30-98/07-07-98)
E. A statement reminding the employee that the ten (10) calendar day appeal period includes Saturdays, Sundays, and Holidays. (10-07-04/11-01-04)
SECTION 15.600. NOTICE PERIOD.
During a notice period of adverse action or forfeiture of position, an employee is expected to perform assigned duties without disrupting fellow employees or the agency's activities. Any action by the employee to the contrary will be considered an emergency situation as defined in Par. 15.701. (06-26-97/06-30-97)
SECTION 15.700. EMERGENCY SITUATIONS.
PAR. 15.701. The appointing authority may take immediate adverse action against any employee in any of the following circumstances if:
A. It is likely that the employee has committed a felony or other crime involving moral turpitude; or, (06-26-97/06-30-97)
B. The retention of the employee in active duty status may result in damage to property or may be disruptive, detrimental or injurious to the employee, fellow workers, persons under the employee's charge or the general public. (09-23-87/11-12-87)
PAR. 15.702. The notice of adverse action under this section is the final determination of adverse action and must include the same items required in Par. 15.501. It must also include a statement explaining the emergency situation that caused this section to be invoked. (12-17-75/01-19-76)
PAR. 15.703. If on appeal to the State Personnel Board it is determined that the adverse action was correct but there was no emergency situation, the Board may take appropriate steps necessary to remedy the situation. In the case of a dismissal, this may include back pay for the normal notice period. (12-17-75/01-19-76)
PAR. 15.704. This rule may be invoked only with the approval of the appointing authority. (09-23-87/11-12-87)
PAR. 15.705. The provisions of this section must not be used to circumvent the notice requirement of this rule. If an agency is found to have abused this section, the Board may suspend future application of this section by the offending agency . (12-17-75/01-19-76)
Authority O.C.G.A. 45-20-3; O.C.G.A. 45-20-3.1; O.C.G.A. 45-20-4.
