Chapter 28 - Termination, Layoff and Adverse Actions
It is the policy of ASPA to ensure that employees whose performance of their duties or conduct are not satisfactory are removed from their position promptly, that those who are guilty of misconduct not sufficiently serious to justify removal be properly disciplined, that voluntary and involuntary separations be handled in an orderly manner, and that employees be protected against arbitrary or capricious action. Removal may be effected for any of the reasons but not limited to those referred to in these regulations and in 7.0801 through 7.0807 ASCA.
(a) Employees in the career service, not serving probationary or trial periods and who are not serving under temporary appointments or contracts, shall not be removed, suspended, or involuntarily demoted except for such cause as will promote the efficiency and the good of ASPA.
(b) Discrimination shall not be exercised in suspensions, removals. or demotions because of an employee's religious belief or affiliations, marital status except as may be required by this title, race, ethnic background, or political affiliation except as may be required by law, and physical handicap unless an individual is unable to perform the duties of the, position.
(c) Like penalties shall be imposed for like offenses whenever removals, suspensions, or demotions are made or when other disciplinary actions are taken.
(d) One of the following procedures shall be followed in cases of removal, suspension, and involuntary demotion:
(1) The employee shall be notified. in writing, of the charges against him or her. and of the corrective action recommended to the Executive Director to be taken against him or her.
(2) The notice shall set forth, specifically and in detail, the charges preferred against the employee.
(3) The employee shall be allowed 3 days for filing a written answer to such charges and for furnishing affidavits in support of his or her answer, or the employee may request and shall be given the opportunity to reply orally.
(4) If the employee answers the charges, his or her answer must be considered by the agency. Following consideration of the answer, the employee must be furnished with the agency's decision, in writing, as to the action to be taken.
(5) The agency shall forward to the director of the Office of Manpower Resources copies of the charges, answer, and reasons for adverse action, all of which shall be made a part of the employee 's official personnel file.
(e) The employee shall be retained in an active duty status during the period of notice of proposed action except as follows:
(1) The employee may be placed on annual leave when the Executive Director does not consider it advisable from an official standpoint to retain him or her in an active duty status during the advance notice period.
(2) When the employee is not placed Qn annual leave and the circumstances are such that his or her retention in an active duty status may result in damage to ASPA property, or may be detrimental to the interests of ASPA or injurious to the employee, fellow workers, or the general public, he or she may be temporarily assigned duties in which these conditions will not exist, or be placed on excused absence, and be required to submit a reply to the charges within 24 hours. The employee may be placed on immediate suspension pending removal thereafter if appropriate in the opinion of the Executive Director.
(f) The Executive Director shall advise the employee in writing of the removal action to take effect 30 calendar days from the date of the notice, the reasons therefor, and that he or she may request a hearing before the board within 10 calendar days of the date of receiving the notice. ASPA shall follow the general format of the ASG sample letter for employee notification of suspension or termination with revisions to reflect ASPA 's personnel organization.
(g) If the employee does not appeal or if he or she appeals and the appeal is denied, his or her removal shall be processed finally in accordance with instructions applying within ASPA. ASPA shall follow the guidelines set forth in the ASG personnel rules entitled "Conduct of Government Employees -Disciplinary Action.”
Any employee serving a probationary or trial period shall be given a full and fair trial in the performance of the duties of the position to which appointed. Employees serving their original probationary period may be separated at any time during such period upon proper recommendation and 5 working days prior notice, without right of appeal.
(a) Supervisors shall carefully observe the performance and conduct of employees who are serving the probationary period to determine whether the retention of such employee is in the best interests of ASPA.
(b) Three months prior to the expiration of an employee's probationary period, the Executive Director shall determine whether the employee is to be retained. If the employee is not to be retained, the Executive Director and the employee's immediate supervisor shall advise the employee in writing. The Executive Director shall proceed with the separation action as follows:
(1) Issue a written notice to the employee advising him or her that he or she will be separated as of a particular date, the reason(s) therefor, and that he or she has no right of appeal, except in cases of alleged discrimination because of sex, creed, color, or marital status.
(2) The chapter of these regulations on recruitment and placement addresses separation of a career service employee serving a new trial period.
(a) The Executive Director may move any employee involuntarily from one position to another, which mayor may not involve a change in class, without the right of appeal, provided no reduction in grade or rate of compensation is involved.
(b) An involuntary reassignment is considered an "administrative reassignment" with the best interests of the agency as the primary objective.
(c) Failure of an employee to comply with an involuntary (administrative) reassignment shall result in immediate separation.
(d) Any employee so reassigned may grieve through the agency's grievance procedures.
When an employee fails to report for duty or to return from leave for ten or more consecutive workdays, he or she may be considered to have abandoned his or her position. Care must be taken, however, before a final decision is made, to ascertain that the employee has truly abandoned the position. The supervisor should make an effort to contact the employee to determine his or her intentions. If the employee intends in fact to resign, this should be the action taken rather than to term the action abandonment of position, as future employment opportunity with ASPA or ASG may be affected. If the supervisor is unable to ascertain the employee's intention concerning return to duty, processing of abandonment of position is proper and should be handled as follows:
(a) Action by Operating Officials. The employee's department head shall recommend to the Executive Director, using a position action request form, that the employee be separated for abandonment of position. Under the "Remarks" section, list when (date) and what effort the supervisor (name) made to contact the employee, and the results of that effort.
(b) The Executive Director shall proceed with the separation action in accordance with these regulations.
An employee may resign at any time subject to the following conditions:
(a) Notice. The employee must notify his or her department head, in writing, of his or her resignation at least 2 weeks prior to the date of separation unless the department head waives such requirement.
(b) Withdrawal. Once submitted, the resignation is binding upon the employee and it may be withdrawn only with the department head's consent.
(c) In lieu of separation for cause. An employee may resign with prejudice in lieu of removal or while issuance of charges leading to removal are pending. In such instances, the department head must indicate the abnormal nature of the resignation on the request for personnel action.
(d) Rehire. An employee who resigns without prejudice is eligible for reinstatement at any time, assuming an opening exists and he or she has completed the probationary period. If the employee has not completed the probationary period or if, within the five years preceding the date of his or her current application, he or she resigned from ASPA in lieu of removal, he or she will compete through regular competitive channels and if selected shall serve a new probationary period.
(a) A person serving under a temporary appointment may be terminated at any time prior to the expiration of the temporary appointment, but must be terminated on the NTE (not-to-exceed) date unless approval has been granted by the Executive Director for extension of the appointment.
(b) A noncareer employee who has failed to qualify for a probational or career service appointment to continue his or her employment may be terminated by the agency upon notification to his or her department that he or she has failed to qualify.
(c) An employee who, during a leave of absence, accepts other employment which is con trary to the purpose for which leave is granted may be terminated.
(d) An employee who fails to provide his or her department head with proper notice of his or her resignation may be terminated with prejudice.
(a) When there is an impending layoff because of lack of funds, curtailment of work, or reorganization, the department head shall notify the Executive Director and the affected employee(s) in writing as soon as possible but at least 60 days in advance of the layoff unless cutoff of funds requires a shorter notice period, in which case such requirement must be stated in writing.
(b) The provision of this section concerning placement rights are applicable to career service employees whose positions are to be abolished and to a career service employee who will be displaced by another career service employee. The provisions of this section also apply to a career service employee who is displaced by a career service employee returning from military du ty, furlough, or leave.
(c) The Executive Director shall exhaust all possibilities in placing the employee within the agency before a reduction-in-force is effectuated.
(1) When there is no appropriate vacant position in which the career service employee may be placed, the agency shall follow the order below in determining which employee shall be displaced:
(A) A noncareer service employee in the same class and pay range. When there is more than one such employee, layoff will be, first, of:
(1) An employee serving under emergency or temporary appointment; (II) An employee serving a probational appointment; (III) A career service employee who occupies a position in the same class and grade and has the least seniority based on the service computation date;
(B) A noncareer service employee who occupies a position in another class at the same pay range, in accordance with divisions (A) (I), (II), and (III) of this subsection, provided the displacing employee meets the minimum qualifications for such position;
(C) A noncareer status employee who occupies a position in the same series, but a lower class and pay range in accordance with divisions (A) (I), (II), and (III) of this subsection;
(D) A noncareer status employee who occupies a position in a different series and lower class for which the displacing employee meets minimum qualifications in accordance with divisions (A) (I), (II), and (III) of this subsection.
(d) If the Executive Director is unable to place the employee, he or she shall immediately notify the director of the Office of Manpower Resources, who will place the employee on ASG's reemployment register, and effect territory-wide RIF procedures. The Executive Director will issue the two-week notice of termination and place the employee on ASPA's reemployment register.