RULES OF THE DIRECTOR OF HUMAN RESOURCES
CHAPTER 12, DISCIPLINE, PRE-DETERMINATION HEARING,
DISCHARGE, AND DEMOTION
Historical Note: Chapter 12 of Part 2 is based substantially on chapter 15 of part 1 of the rules of the civil service commission. [Eff Jul 01 2002]
§12-1 Basis for discipline.
(a) An appointing authority may discipline an employee for cause, for any of, but not limited to, the following reasons:
(1) Conviction of a criminal offense which is directly related to the employee’s position.
(2) Violation of any of the laws or rules and regulations governing employment of public employees.
(3) Violation of a lawful official regulation or order, or failure to obey a lawful direction by the employee’s superior.
(4) The employee is not fit for duty due to the effects of drugs, narcotics or intoxicating beverages.
(5) The employee is determined to be an illegal user of drugs or narcotics or is determined to be promoting illegal drugs or narcotics.
(6) Inappropriate, unprofessional or abusive conduct toward a superior, co-worker or the public.
(7) Insubordination or carelessness in the performance of duties or carelessness or negligence in the care or use of City property.
(8) Harassing or threatening behavior toward a superior, co-worker or the public.
(9) Absenteeism, tardiness or unauthorized absence from the workplace.
(10) Falsification of records or testimony by the employee.
[Eff Jul 01 2002] (Auth: HRS §§76-17, 76-45, 76-46; RCH §4-105) (Imp: HRS §§76-12, 76-13, 76-45, 76-46; RCH §4-105)
§12-2 Discipline.
(a) Any disciplinary action taken under this chapter shall be imposed within a reasonable period of time after the incident giving rise to the disciplinary action.
(b) Whenever an employee is orally reprimanded, it shall be done in private.
(c) When an employee is to receive a letter of reprimand, the reprimand shall set forth the specific reasons for its issuance.
(d) When an employee is disciplined with a suspension, the employee shall be given written notice of the suspension on or before the effective date of the action. The notice shall contain the following:
(1) Effective day or days of the suspension; and
(2) The specific reasons for the suspension.
(e) In the event the need to impose discipline other than a reprimand is immediate, the employee shall be given the reasons in writing within forty-eight hours after the disciplinary action is taken.
(f) When an appointing authority is unable to serve a letter of reprimand or the required written notice for suspension at the employee’s place of work, the letter or the notice shall be sent by certified mail to the employee’s last known address within a reasonable period of time.
(g) When a non-regular employee is disciplined, the employee shall be informed of the reasons for the action in writing on or before the effective date. In the event the need to discipline is immediate, the employee shall be given the reasons in writing within forty-eight hours after the action. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-45, 76-46; RCH §4-105)(Imp: HRS §§76-12, 76-13, 76-45, 76-46; RCH §4-105)
§12-3 Pre-determination hearing.
(a) A regular employee who may be subject to discharge from the service or who is to be placed on leave of absence without pay pending investigation under section 8-10 shall be given an opportunity to respond in writing or in person to the appointing authority or designee as to why the employee should not be discharged or be placed on leave without pay pending investigation.
(b) Notice of the proposed action must be given the employee in writing including the reasons for the proposed action, facts supporting the reasons, and the instructions for responding. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-45, 76-46; RCH §4-105)(Imp: HRS §§76-12, 76-13, 76-45, 76-46; RCH §4-105)
§12-4 Discharge.
(a) When an employee is to be discharged, the employee shall be given a written notice at least ten calendar days in advance of the effective date of the discharge. The notice shall contain the following:
(1) The specific reasons for the discharge;
(2) Findings of the pre-determination hearing where applicable; and
(3) The date of the discharge.
(b) If the appointing authority believes that the retention of the employee at the work site would be detrimental to the City, other employees, or the general public during the ten day notice period, the employee may be placed on leave without pay for this ten day notice period prior to the discharge.
(c) When a non-regular employee is discharged, the employee shall be informed of the reasons for the action in writing on or before the effective date. In the event the need to discharge is immediate, the employee shall be given the reasons in writing within forty-eight hours after the action. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-45; RCH §4-105)(Imp: HRS §§76-12, 76-13, 76-46; RCH §4-105)
§12-5 Demotion.
(a) An appointing authority may demote an employee, or may request the reallocation of an employee’s position downward for any of, but not limited to, the following reasons:
(1) The employee’s inability to perform the duties of the employee’s position due to an injury or illness.
(2) The employee’s inability to perform the duties and responsibilities of the employee’s position (other than for an injury or illness) or due to the employee’s failure to meet qualification requirements for the position.
(3) To avoid a layoff.
(4) To fit the employee into a new structure provided for in a reorganization.
(5) The employee submits a request for a voluntary demotion.
(6) Due to misconduct by the employee.
(b) Except for any downward movement requested by an employee, no demotion or downward reallocation shall become effective until the employee receives written notice of the action at least ten calendar days in advance. The written notice shall contain the specific reasons for the action and the effective date.
(c) The appointment status of an employee whose position is reallocated downward or who is demoted to a position in another class in a lower pay range shall be determined by the director. The director may require a written examination or other evidence for the purpose of determining the employee’s qualifications for the position or class of work to which the employee is demoted or to which the employee’s position is reallocated downward. The employee shall be required to meet the minimum qualifications of the lower class.
[Eff Jul 01 2002] (Auth: HRS §§76-17,76-46; RCH §4-105) (Imp: HRS §§76-12, 76-13, 76-46; RCH §4-105)
§12-6 Authority of the civil service commission to hear appeals from disciplinary actions.
(a) Any action taken by an appointing authority within this chapter may be appealed in accordance with the procedures in chapter 10 of these rules.
(b) Any action taken by an appointing authority within this chapter which results in the separation from the service or position of a probationary
employee shall be reviewed only on the basis of whether the action taken was arbitrary, capricious or discriminatory in nature.
[Eff Jul 01 2002] (Auth: HRS §§76-17, 76-45, 76-46;)(Imp: HRS §§76-12, 76-13, 76-45, 76-46, 76-47; RCH §4-105)
§12-7 Notices to the director.
A copy of any notice to an employee required under this chapter shall also be sent to the director. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13; RCH §4-105)