|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor
|
|
Ch. 317
|
|
|
|
|
|
|
|
|
|
|
|
|
(III) CONSIDER ANY MITIGATING CIRCUMSTANCES;
(IV) DETERMINE THE APPROPRIATE DISCIPLINARY ACTION, IF ANY,
TO BE IMPOSED; AND
(V) GIVE THE EMPLOYEE A WRITTEN NOTICE OF THE
DISCIPLINARY ACTION TO BE TAKEN AND THE EMPLOYEE'S APPEAL RIGHTS.
(4) (I) THE REGULATIONS SHALL PROVIDE THAT THE APPOINTING
AUTHORITY OR DESIGNATED REPRESENTATIVE MAY SUSPEND AN EMPLOYEE, WITH
OR WITHOUT PAY, PENDING THE FILING OF CHARGES FOR REMOVAL TERMINATION.
(II) IF AN EMPLOYEE IS SUSPENDED WITHOUT PAY, THE
APPOINTING AUTHORITY OR DESIGNATED REPRESENTATIVE SHALL PROVIDE TO
THE SECRETARY THE CHARGES FOR REMOVAL TERMINATION WITHIN 14 30
CALENDAR DAYS AFTER THE FIRST DAY OF THE SUSPENSION PERIOD.
(III) IF THE APPOINTING AUTHORITY OR DESIGNATED
REPRESENTATIVE FILES THE CHARGES FOR REMOVAL TERMINATION AFTER THE
14-DAY 30-DAY PERIOD DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE
EMPLOYEE SHALL BE PLACED ON LEAVE WITH PAY UNTIL THE SECRETARY
RECEIVES THE CHARGES.
(5) THE REGULATIONS SHALL PROVIDE THAT AN APPOINTING
AUTHORITY OR A DESIGNATED REPRESENTATIVE AND AN EMPLOYEE MAY AGREE TO
THE HOLDING IN ABEYANCE OF A DISCIPLINARY ACTION FOR A PERIOD NOT TO
EXCEED 18 MONTHS IN ORDER TO PERMIT AN EMPLOYEE TO IMPROVE CONDUCT OR
PERFORMANCE.
[(3)] (6) Subject to the provisions of paragraph [(4)](7) of this
subsection, the employee grievance procedures shall include, at a minimum, the
following sequence of levels of appeal:
(i) Initially an aggrieved employee shall present any grievance to
the appointing authority or a designated representative, who shall render a written
decision;
(ii) Any appeal shall be presented to the Secretary or a designated
representative, who shall render a written decision;
(iii) If the dispute is still unresolved, the appeal shall be referred to
the Office of Administrative Hearings or a mutually agreed upon third party arbiter
who may not hear grievances relating to classification, salary, or fiscal matters; and
(iv) For disciplinary actions only, either party may appeal any
decision of the Office of Administrative Hearings or a third party arbiter to the
Secretary of Budget and Management or that Secretary's designee.
[(4)] (7) These regulations shall include procedures that ensure that all
employees of the Department covered by this section and all employees hired after
June 1, 1992 shall be entitled to the same levels of appeal provided for in the State
employees' grievance procedures contained in Title 12 of the State Personnel and
- 1597 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
