§ 4-4-107. DISCIPLINARY ACTIONS.

(a)

Application. This section applies to employees with merit system status.

(b)

Dismissal for cause.

(1)

An appointing authority may take action to dismiss an employee for cause as provided in the Personnel Rules.

(2)

The appointing authority shall provide to the employee:

(i)

Reasons or charges, stated in writing, including specific information as to why the action is contemplated;

(ii)

Reasonable advance notice of the proposed action;

(iii)

Reasonable opportunity to reply to the charges in person and in writing; and

(iv)

Fair and objective consideration of the employee's reply to the statement of charges.

(3)

After fair and objective consideration of the employee's reply to the statement of charges, if the appointing authority takes the dismissal action, the appointing authority shall:

(i)

Remove the employee immediately from the employee's job; and

(ii)

Forward the entire file to the Director of Human Resources.

(c)

Demotion.

(1)

If an appointing authority is considering a demotion action because an employee is unable to exercise the responsibilities required by the employee's job, subject to paragraph (2) of this subsection, the procedures in subsection (b) of this section shall govern the demotion action.

(2)

If the appointing authority decides to demote an employee under this subsection, the appointing authority shall assign the employee to the lower job.

(3)

If an appointing authority is considering a demotion action as a result of reallocation of the employee's duties under administration of the classification plan, the rules governing appeals taken under the classification plan shall apply.

(d)

Suspensions without pay - For cause.

(1)

An appointing authority may impose an immediate disciplinary suspension without pay on an employee for cause.

(2)

Suspensions under this subsection may not exceed a total of 30 calendar days in 1 calendar year.

(3)

The appointing authority promptly shall forward to the Director of Human Resources a copy of the suspension notice given to the employee.

(e)

Same - Pending criminal charges.

(1)

An appointing authority:

(i)

Shall suspend an employee without pay for an indefinite period if the employee is charged with and awaiting trial for a criminal offense such as to bring the county classified service into disrepute; and

(ii)

May take other disciplinary actions which the appointing authority considers necessary under the circumstances.

(2)

After the criminal charge has been finally determined, the appointing authority may:

(i)

Reinstate the employee with all pay and privileges restored;

(ii)

Impose a disciplinary penalty on the employee; or

(iii)

File charges against the employee.

(1988 Code, § 25-15) (Bill No. 123-98, § 3, 11-20-1998; Bill No. 66-99, § 2, 7-1-2004)

Annotation:
  A permanent employee of the county is entitled to a notice of dismissal not later than the effective date thereof. However, in the present case the employee, by his own actions, excused the giving of a notice of hearing on his dismissal (construing section 358, title 24, Balto. Co. Code, 1955.) Emala v. Baltimore County, 223 Md. 371, 164, A.2d 712 (1960).