Chapter 05. Disciplinary Actions

Unsatisfactory performance of duties and responsibilities, as governed by State Personnel and Pensions Article, §§11-101, 11-102, 11-103(a), (c), and (d), 11-104, 11-105, 11-107—11-113, and 11-304, Annotated Code of Maryland; or

Misconduct, as governed by State Personnel and Pensions Article, §§11-101—11-110, 11-112, 11-113, and 11- 303—11-306, Annotated Code of Maryland.

Discipline of an employee in the executive or management service, and under special appointment; and

Discipline of an employee on probation in the skilled and professional services, following initial appointment.

That the employee is incompetent or inefficient in the performance of the employee's duty;

That the employee is an individual with a disability who with a reasonable accommodation cannot perform the essential functions of the position; or

That the employee currently is not qualified for the position.

Investigate the employee's performance, including the employee's most recent performance appraisals;

Notify the employee of the deficiency and provide an explanation of the employer's position;

Meet with the employee to hear the employee's explanation, unless the employee is unavailable or unwilling to meet; and

After determining the appropriate discipline, give the employee written notice of the disciplinary action to be taken, and the employee's appeal rights, and inform the employee of the effective date of the disciplinary action.

When an employee has been given an overall rating of “unsatisfactory" on an annual performance appraisal, the employee's supervisor shall inform the employee that the employee has 180 days from issuance of the rating to improve to the level of “satisfactory”. Approximately midway through the 180-day period, the employee and the employee's supervisor shall meet to evaluate the employee's progress toward a satisfactory rating. Failure to meet standards at the end of the 180-day period shall result in the employee's termination.

When an employee is terminated under the provisions of §G(1) of this regulation, the Secretary shall be notified and the appointing authority shall submit to the Secretary a copy of each of the documents required by State Personnel and Pensions Article, §7-503, Annotated Code of Maryland.

Under the provisions of State Personnel and Pensions Article, §8-107, Annotated Code of Maryland, an employee may not be denied a pay increase unless substantial reasons of performance were cited on the employee's mid-year or final performance appraisal forms.

Being negligent in the performance of duties;

Engaging in intentional misconduct, without justification, which injures another person, causes damage to property, or threatens the safety of the work place;

Being guilty of conduct that has brought or, if publicized, would bring the State into disrepute;

Being unjustifiably offensive in the employee's conduct toward fellow employees, wards of the State, or the public;

Violating a provision of State Personnel and Pensions Article, Title 2, Subtitle 3; Title 15; or §9-607; Annotated Code of Maryland;

Stealing State property with a value of $300 or less;

After notification, continuing to engage in another business, trade, or occupation, which conflicts with the employee's position, or which prevents the employee from satisfactorily performing the duties of the employee's position;

Engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality;

Causing damage to public property or wasting public supplies through negligence, recklessness, or willful conduct;

Willfully making a false official statement or report;

Knowingly assisting another in conduct that is a violation of State Personnel and Pensions Article, Annotated Code of Maryland, the regulations in this chapter, or any other lawful agency policy;

Violating a lawful order or failing to obey a lawful order given by a superior, or engaging in conduct, violating a lawful order, or failing to obey a lawful order which amounts to insubordination;

Engaging in discrimination prohibited by law;

Using leave contrary to law or policy; or

Committing another act, not previously specified, when there is a connection between the employee's activities and an identifiable detriment to the State.

Notify the employee of the misconduct and provide an explanation of the employer's evidence;

Investigate the alleged misconduct;

Meet with the employee, unless the employee is unavailable or unwilling to meet;

Consider any mitigating circumstances;

Determine the appropriate disciplinary action, if any, to be imposed; and

Give the employee written notice of the disciplinary action to be taken and the employee's appeal rights, and inform the employee of the effective date of the disciplinary action.