4.2802 Removal, suspension, demotion of career employees.

Cite as [A.S.A.C. § 4.2802 ]

(a) Employees in the career service, not serving probationary or trial periods and who are not serving under temporary appointments or contracts, shall not be removed, suspended, or involuntarily demoted except for such cause as will promote the efficiency and the good of ASPA.

(b) Discrimination shall not be exercised in suspensions, removals. or demotions because of an employee's religious belief or affiliations, marital status except as may be required by this title, race, ethnic background, or political affiliation except as may be required by law, and physical handicap unless an individual is unable to perform the duties of the, position.

(c) Like penalties shall be imposed for like offenses whenever removals, suspensions, or demotions are made or when other disciplinary actions are taken.

(d) One of the following procedures shall be followed in cases of removal, suspension, and involuntary demotion:

(1) The employee shall be notified. in writing, of the charges against him or her. and of the corrective action recommended to the Executive Director to be taken against him or her.

(2) The notice shall set forth, specifically and in detail, the charges preferred against the employee.

(3) The employee shall be allowed 3 days for filing a written answer to such charges and for furnishing affidavits in support of his or her answer, or the employee may request and shall be given the opportunity to reply orally.

(4) If the employee answers the charges, his or her answer must be considered by the agency. Following consideration of the answer, the employee must be furnished with the agency's decision, in writing, as to the action to be taken.

(5) The agency shall forward to the director of the Office of Manpower Resources copies of the charges, answer, and reasons for adverse action, all of which shall be made a part of the employee 's official personnel file.

(e) The employee shall be retained in an active duty status during the period of notice of proposed action except as follows:

(1) The employee may be placed on annual leave when the Executive Director does not consider it advisable from an official standpoint to retain him or her in an active duty status during the advance notice period.

(2) When the employee is not placed Qn annual leave and the circumstances are such that his or her retention in an active duty status may result in damage to ASPA property, or may be detrimental to the interests of ASPA or injurious to the employee, fellow workers, or the general public, he or she may be temporarily assigned duties in which these conditions will not exist, or be placed on excused absence, and be required to submit a reply to the charges within 24 hours. The employee may be placed on immediate suspension pending removal thereafter if appropriate in the opinion of the Executive Director.

(f) The Executive Director shall advise the employee in writing of the removal action to take effect 30 calendar days from the date of the notice, the reasons therefor, and that he or she may request a hearing before the board within 10 calendar days of the date of receiving the notice. ASPA shall follow the general format of the ASG sample letter for employee notification of suspension or termination with revisions to reflect ASPA 's personnel organization.

(g) If the employee does not appeal or if he or she appeals and the appeal is denied, his or her removal shall be processed finally in accordance with instructions applying within ASPA. ASPA shall follow the guidelines set forth in the ASG personnel rules entitled "Conduct of Government Employees -Disciplinary Action.”

History: Rule 11-84, eff 19 Dec 84, (part).