Demotion, Dismissal, or Suspension Without Pay

Prior to disciplinary action of demotion, dismissal or suspension without pay of a regular employee, an appointing authority shall:

  • Give the employee written notice of the intended action and an explanation of the reasons for the action.
  • Give the employee an opportunity to respond to the notice. The employee may be directed to respond in writing.
  • Review all the material that relates to the situation, including the material provided by the employee.
  • Decide the issue based upon whether there are reasonable grounds to believe the charges are true and support the action.
  • Provide written notice of the decision to the employee, and describe in the notice any rights, including the right to appeal to Human Resource Management Services, if applicable.

Recommendations

  • Appointing authorities are advised to consult with their assigned assistant attorney general before beginning the actions.

References

Cleveland Board of Education vs. Loudermill
NDAC 4-07-19
NDAC 4-07-20.1