AFSCME: 37. Dismissal, Suspension, Reduction in Step or Demotion for Cause

The appointing authority may dismiss, issue non-punitive disciplinary letters to, suspend, reduce in step, or demote any employee in the classified service provided the rules and regulations of the Civil Service Commission are followed. A reduction in step is defined as movement to the next lower salary step in the range for the classification for a period not to exceed six months.

Right to Steward Representation

Whenever an employee is required to meet with a supervisor and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, he/she shall be entitled to have a Steward present if he/she so requests. It is not the intention of this provision to allow the presence of a Steward during the initial discussion(s) of an employee’s performance evaluation.

Any employee may either appeal such dismissal, non-punitive discipline, suspension, reduction in step or demotion to the Civil Service Commission or file a grievance in accordance with subsection 38.2 of this Memorandum of Understanding. Appeal to the Civil Service Commission must be filed within fourteen (14) calendar days of receipt of such charges. Grievances filed in accordance with subsection 38.2 of this Memorandum of Understanding must be filed within fourteen (14) calendar days after receipt of written charges. No grievance involving demotion, suspension or dismissal of an employee will be entertained unless it is filed in writing with the Human Resources Director within fourteen (14) calendar days of the time at which the affected employee was notified of such action. An employee may not both appeal to the Civil Service Commission and file a grievance under subsection 38.2 of this Memorandum of Understanding.

A permanent classified employee may be dismissed, non-punitively disciplined, suspended, reduced in step or demoted for cause only. Any written notice of dismissal, suspension, reduction is step or demotion sent to an employee shall include a statement advising him/her of the right to be represented by the union concerning the disciplinary action.