Section Per 1002.07 - Disciplinary Demotion(a) An appointing authority may demote an employee without prior warning: (1) In lieu of termination;(2) For failing to meet the work standard when promoted;(3) For conduct resulting in disruption of services provided by the agency;(4) When the employee has failed to carry out his or her assigned supervisory responsibilities; or(5) For conduct or failure to meet work standards for which discipline may be issued pursuant to Per 1002.04, Per 1002.05 or Per 1002.06 when, under the particular circumstances, the appointing authority considers the offense to warrant the imposition of more severe discipline.(b) No appointing authority shall demote a classified employee under this rule until the appointing authority:(1) Offers to meet with the employee to present whatever evidence the appointing authority believes supports the decision to demote the employee; and(2) Provides the employee an opportunity to refute the evidence presented by the appointing authority, however: a. An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from demoting an employee pursuant to this part; andb. An employee's refusal to meet with the appointing authority shall not bar the appointing authority from demoting an employee pursuant to this part.(c) An appointing authority shall provide written notice of the demotion to both the employee and the director detailing: (1) The cause for the demotion;(2) That the demotion may either be: a. Appealed under the provisions of RSA 21-I:58; orb. Resolved through the procedures for settlement of disputes pursuant to Part Per 205; and(3) Notice that the demotion shall be deemed a written warning under the provisions of Per 1002.(d) Notice to the appointing authority that the employee is seeking resolution of the demotion through the procedures for settlement of disputes pursuant to Part Per 205 or is appealing the demotion to the personnel appeals board pursuant to RSA 21-I: 58 shall not bar the appointing authority from taking additional disciplinary action as authorized by this part.N.H. Admin. Code § Per 1002.07
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.