Sec. 5-240. Reprimand, suspension, demotion, dismissal. Layoffs. Notice period pay.
Sec. 5-240. Reprimand, suspension, demotion, dismissal. Layoffs. Notice period pay. (a) An appointing authority, subject to any regulations issued by the Secretary
of the Office of Policy and Management, may reprimand or warn an employee in the
classified service under the appointing authority's jurisdiction or suspend such an employee without pay or with reduced pay for an aggregate period not exceeding sixty
calendar days in any calendar year. For any employee not included in any collective
bargaining unit of state employees, any written reprimand or warning shall be included
in the employee's personnel file and, if not merged in the next service rating, shall be
expunged after twelve months from the date of reprimand or warning. Any such written
reprimand or warning may be reviewed in accordance with the procedures established
in subsections (h) and (i) of section 5-202.
(b) An appointing authority, subject to any regulations issued by the Secretary of
the Office of Policy and Management, may demote an employee in the classified service
under the appointing authority's jurisdiction from a position in any given class or grade
to a position in a lower class or grade. The appointing authority shall give the Secretary
of the Office of Policy and Management or the secretary's designated representative
written notice of the authority's intention to effect any such demotion not less than two
weeks before the date it is intended to become effective. The Secretary of the Office of
Policy and Management may transfer such an employee whose record is otherwise
satisfactory to a position under the jurisdiction of another appointing authority, with the
approval of such other appointing authority.
(c) An appointing authority may dismiss any employee in the classified service
when the authority considers the good of the service will be served thereby. A permanent
employee shall be given written notice of such dismissal at least two weeks in advance
of the employee's dismissal, except as hereinafter provided, and a copy of the same shall
be filed with the Secretary of the Office of Policy and Management or the secretary's
designated representative. Such notice shall set forth the reasons for dismissal in sufficient detail to indicate whether the employee was discharged for misconduct, incompetence or other reasons relating to the effective performance of the employee's duties
and shall be prepared in such form and given in such manner as the Secretary of the
Office of Policy and Management prescribes. The Secretary of the Office of Policy and
Management may provide by regulation for the waiving of advance notice in cases of
serious misconduct by an employee affecting the public, the welfare, health or safety
of patients, inmates or state employees or the protection of state property. Such regulation shall provide for written notice to a permanent employee who has attained permanent status and shall not preclude whatever rights any employee may have to appeal.
The name of any such employee dismissed for incompetence or other reasons relating
to the effective performance of the employee's duties shall be immediately removed
from the eligible list in the office of the Commissioner of Administrative Services. No
appointing authority shall pay any dismissed employee notice period pay or any other
separation pay at a rate that exceeds the dismissed employee's rate of compensation, at
the time of dismissal, for two weeks, or the amount of notice period provided for in an
applicable collective bargaining agreement.
(d) An appointing authority, subject to any regulations issued by the Secretary of
the Office of Policy and Management, may lay off any employee in the classified service
as provided in section 5-241.
(1967, P.A. 657, S. 49; P.A. 77-614, S. 66, 67, 610; P.A. 87-456, S. 3, 6; P.A. 00-77, S. 6, 7; P.A. 01-26, S. 5; P.A. 04-118, S. 2; P.A. 05-30, S. 1.)
History: P.A. 77-614 replaced personnel commissioner and personnel policy board with commissioner of administrative
services; P.A. 87-456 amended Subsec. (a) to require that, for non-bargaining-unit employees, written reprimands or
warnings shall be included in their personnel files and shall be expunged after 12 months if not merged in the next service
rating; P.A. 00-77 substituted the Secretary of the Office of Policy and Management for the Commissioner of Administrative
Services, made technical changes and added new Subsec. (d) re layoffs, effective May 16, 2000; P.A. 01-26 changed
"commissioner" to "Secretary of the Office of Policy and Management" and made technical changes in Subsec. (c); P.A.
04-118 amended Subsec. (a) to make a technical change; P.A. 05-30 amended Subsec. (c) to prohibit payment of notice
period pay at rate in excess of employee's rate of compensation at time of dismissal or as provided in collective bargaining
agreement.
Annotations to former statute:
Removal from state payroll is not same as dismissal for good of service when no misconduct is alleged but employee
is unfit to return. 160 C. 176.
Orally informing one that his services are not required is not legal dismissal. 15 CS 336; but see 135 C. 438, below.
Subsec. (c):
If appeal board decides action of appointing authority is improper, mandamus will lie. 134 C. 23. Where employee is
dismissed for reasons of economy, case does not come within this section. 135 C. 438. "Failure to carry out directives
concerning collection procedures and failure to maintain effective relationships with patients and their legally liable relatives" held adequate to meet the requirements of "the good of the service". 150 C. 162. New trial ordered where judgment
was for plaintiff employee claiming inadequate notice of dismissal where he had been awarded full pay for a retroactive
period, where findings showed interim employment paid for and where issue of delay of his appeal from dismissal had
not been tried. 155 C. 630. Cited. 157 C. 129.
Annotations to present section:
State employee may be dismissed for misconduct, incompetence or other reason relating to effective performance of
duties. 170 C. 668. State must use this procedure to dismiss classified employee after working test period under section
5-230 has expired. 174 C. 271. Cited. 177 C. 344. Cited. 228 C. 106.
Subsec. (c):
Cited. 176 C. 1. Cited. 194 C. 601.