8-30-331 - Minimum due process.
8-30-331. Minimum due process.
(a) Employees who have successfully completed their probationary period have a property right to their positions. Therefore, no suspension, demotion, dismissal or any other action which deprives a regular employee of such employee's property right will become effective until minimum due process is provided as outlined below.
(b) Minimum due process consists of the following:
(1) The employee shall be notified of the charges. Such notification should be in writing and shall detail times, places, and other pertinent facts concerning the charges.
(2) The notification will provide for the employee to have a predecision discussion with an appropriate manager and will state the mechanism through which such a discussion may be arranged. The employee should be given a reasonable period of time to prepare to answer charges and present information which might influence the manager's decision.
(3) The manager conducting such discussions must be an appointing authority or manager who has direct access to an appointing authority for this purpose.
(4) The meeting outlined above shall be for the purpose of allowing the employee to present information to the manager regarding the disciplinary action under consideration.
(5) The discussion shall be informal. The employees shall have the right to present written statements of witnesses or any other information with regard to the charges. Attendance and participation by persons other than the manager and the employee shall be at the discretion of the manager.
(6) If the employee declines the opportunity to have the discussion or present information, the provisions of this section are deemed to have been met.
(c) The commission shall determine as a preliminary matter to the merits of a grievance, a grievant's allegation of denial of minimum due process.
[Acts 1986, ch. 869, § 14.]