<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 11.02.08.01" title_num="11" subtitle_num="02" chapter_num="08" heading="General.">
  <paragraph num="A.">
    <text>In the case of Career Service employees, disciplinary action may include, as appropriate:</text>
    <paragraph num="(1)">
      <text>Official written reprimand;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Suspension without pay;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Loss of leave;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Involuntary demotion;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Suspension, with or without pay, pending charges for termination;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Termination under charges from a Career Service position; or</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Rejection on promotional probation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Before imposing any disciplinary action, the appointing authority or designated representative shall:</text>
    <paragraph num="(1)">
      <text>Investigate the alleged misconduct;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Meet with the employee;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Consider any mitigating circumstances;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Determine the appropriate disciplinary action, if any, to be imposed; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Give the employee a written notice of the disciplinary action to be taken and the employee's appeal rights.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Before a Career Service employee may be disciplined for performance-related reasons, the appointing authority or designee shall:</text>
    <paragraph num="(1)">
      <text>Investigate the employee’s performance, including the employee’s most recent performance appraisal; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provide notice to the employee, in writing, of the deficiency and provide an explanation of the employer’s position, which shall include:</text>
      <paragraph num="(a)">
        <text>Specific instances of unacceptable performance by the employee on which the proposed action is based;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The performance criteria and factors of the employee’s position involved in each specification of unacceptable performance; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A description of the effort made by the employer to assist the employee in improving performance.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An appointing authority or designated representative may impose any disciplinary action for a Career Service employee no later than 30 days after the appointing authority or designated representative acquires knowledge of the misconduct for which the disciplinary action is imposed. The 30-day period includes the time necessary for the appointing authority or designated representative to conduct its investigation and meet the other requirements in §B of this regulation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The appointing authority or a designated representative and an employee may agree to hold a disciplinary action in abeyance for a period not to exceed 18 months in order to permit an employee to improve conduct or performance.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Disciplinary action is not allowed because of the religious or political opinions or affiliations of any employee, or because of the failure to contribute to any fund.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Police Officers.</text>
    <paragraph num="(1)">
      <text>Police officers of the Department have specific rights in administrative actions which may result in discipline under the Law Enforcement Officers' Bill of Rights, and therefore are subject to the provisions of Public Safety Article, Title 3, Subtitle 1, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Nondisciplinary administrative terminations of police officers are not covered by the Law Enforcement Officers' Bill of Rights and shall be conducted in accordance with Regulation .07-1 of this chapter.</text>
    </paragraph>
  </paragraph>
</regulation>