Section 93-13-004 - Forms of DisciplineFour (4) forms of disciplinary action are available for supervisory use by the Department. The seriousness and/or nature of the situation will determine the form of discipline to be used. These are:
004.01Suspension Without Pay. A suspension without pay is an ordered suspension from duty for a prescribed period of time for which no pay, vacation, sick, or holiday leave is granted, nor is vacation, sick, or holiday leave accrued. A suspension without pay may be ordered only upon written approval of the Deputy Commissioner.004.01A The length of the suspension will be determined by the Deputy Commissioner in view of the seriousness of the violation and/or continued violation after the employee has been duly warned.004.01B An ordered suspension without pay will be in writing, signed by the Deputy Commissioner, and will become part of the employee's official personnel file. If the employee is absent when a suspension without pay is ordered, the Deputy Commissioner will direct written notice to that employee by one of the following methods: Certified Mail with instructions to "Deliver to Addressee Only, Return Receipt Requested;" personal delivery or deposit to the employee's last known address; or by email to the employee's personal email address with agreement of the employee.004.02Disciplinary Demotion. The movement of an employee from the present position to one of lesser responsibility and/or authority and to a lower salary, may be ordered only upon the written approval of the Deputy Commissioner, a copy of which is provided to the employee.004.02A A request for disciplinary demotion will be in writing with full documentation, signed by the supervisor and the appropriate Office Administrator. The disciplinary demotion will be signed by the Deputy Commissioner and will become a part of the employee's official personnel file. An employee who is the subject of a disciplinary demotion will also be placed on secondary probation as described in 5, Section 003, of this Title.004.03Administrative Probation. An administrative probation is a period of time, not more than six (6) calendar months, imposed by the appropriate Office Administrator, for disciplinary reasons during which the employee must rectify the performance or behavior which led to the imposition of the disciplinary action. The notice of administrative probation will be in writing, dated, and will inform the employee of the reason for the probation, the action required for improvement, and state that failure to improve may result in further action. The employee will acknowledge receipt of the probation notice by signing the document. The employee's signature on the notice of administrative probation does not imply agreement with the notice of administrative probation. 004.03A Employees placed in an administrative probationary status will not be promoted or granted pay increases during the administrative probationary period.004.03B Employees granted vacation, sick, holiday, bereavement, civil, administrative, or military leave while on administrative probation may have their probation extended by the number of days absent on leave.004.03C The administrative probation may be extended by the Deputy Commissioner for a period not to exceed a cumulative total of one (1) calendar year unless extended in accordance with the provisions of Section 004.03B of this Chapter. Reasons for such extension will be made known to the employee in writing.004.03D The termination of a regular employee on administrative probation does not preclude the filing of a grievance by the employee.004.03E An employee may be placed on administrative probation, upon return to work, following a suspension.004.03F An employee may be removed from administrative probation at any time.004.04Dismissal. An employee maybe dismissed from employment with the Department for failure to respond to previous corrective or disciplinary actions or when circumstances render any preceding steps unnecessary or inappropriate. 004.04A The Office Administrator and the employee's immediate supervisor, if other than the Office Administrator, will recommend dismissal to the Commissioner in writing, and the decision to dismiss or take another action will be made by the Commissioner.004.04B The Commissioner will inform the employee in writing of a time at which the employee may present any additional facts, material, or evidence regarding his/her dismissal to the Commissioner. Failure by the employee to appear before the Commissioner acts as a waiver by the employee to the aforementioned meeting prior to action by the Board.004.04C The employee may be represented by a third party in the meeting with the Commissioner, but the time, date, and/or place of said meeting will not be postponed or rescheduled because the representative of the employee is unable to attend unless both the Commissioner and the employee mutually agree to another time, date, and/or place.004.04D Within five (5) workdays following the scheduled date of the meeting with the Commissioner, the Commissioner will provide the employee a copy of his/her decision and the action which the Commissioner has decided to impose. This written decision may be hand-delivered, sent by Certified Mail, sent by regular U.S. Mail to the employee, or provided via email to the employee's personal email address with prior agreement of the employee. The five (5) workday period may be extended upon agreement between the Commissioner and the employee. For the purposes of this subsection, the date the written decision is "provided" to the employee is (a) two (2) business days after it was deposited in the regular U.S. Mail; or (b) the date of personal or certified delivery or the date it was e-mailed. 004.04D1 The employee may obtain a hearing before the Board or, at the Board's option, its designated hearing officer, by delivering a written request to the Commissioner within ten (10) workdays of receipt of the Commissioner's letter of notice; and004.04D2 The date, time, and place of the hearing will be communicated in writing to the employee.004.04D3 When a hearing is held, the employee may be present and be heard, be represented by counsel, examine documentary evidence presented, cross-examine witnesses, offer documentary evidence, and present witnesses. Hearings are conducted in accordance with Title 92, Nebraska Administrative Code, 61.004.04D3a The Hearing Officer's findings of fact and recommendation to the Board and the Board's order in a contested case are public records.004.04E If the Commissioner's decision is to dismiss the employee, the Commissioner may elect to take whatever action he/she chooses which affects the employee until the dismissal becomes final, including placing the employee on suspension without pay. Such action will be in writing and be included with the written decision provide under Section 004.04D of this Chapter.004.04F If no timely written request of a hearing is received by the Commissioner, the dismissal decision becomes final and will appear in the Commissioner's Report for the next regularly scheduled Board meeting.004.04G When the Department determines that immediate disciplinary action is required for an employee not officed in Lincoln, the Commissioner or a Deputy Commissioner may designate an individual to sign and deliver the notice of disciplinary action to the employee for the Commissioner or a Deputy Commissioner. The disciplinary action will be effective immediately upon the receipt of such notice by the employee. The Commissioner or a Deputy Commissioner will subsequently sign and forward a copy of such notice to the disciplined employee.93 Neb. Admin. Code, ch. 13, § 004
Amended effective 11/4/2015.Amended effective 7/5/2017.Amended effective 12/1/2018Amended effective 12/2/2018Amended effective 6/2/2024