Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 420 - DEPARTMENT OF PERSONNEL › Subpart C - MERIT AND FITNESS › Section 420.430 - Discipline, Discharge, and Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Progressive Corrective Discipline:
				Employees shall be subject to corrective discipline progressively utilizing
				counseling, warnings and/or suspensions, as the facts and circumstances
				dictate, prior to discharge, unless the facts and circumstances warrant
				immediate discharge or suspension. If an employee's work or work-related
				conduct remains unacceptable after the application of progressive corrective
				discipline, the employee may be discharged in accordance with the appropriate
				following subsections.
b)
				Discipline - Warning Notices: A department director or designee may issue a
				warning notice as a disciplinary measure. A copy of any warning notice shall be
				placed in the employee's official personnel file and may be used in considering
				further discipline, demotion, withholding of salary increases and other
				personnel transactions. Any notice given shall bear the signature of the
				issuing official.
c) Disciplinary
				Suspensions: Written statements of reason for disciplinary suspensions without
				pay totaling not more than 30 calendar days in any 12 month period shall be
				filed by a department director or other administrative authority with the
				Director of Personnel or designee in the form and manner prescribed. If the
				employee is certified, and subject to suspensions totaling more than 30
				calendar days in any 12 month period, the department director or administrative
				authority shall file written charges for such suspension with the Director of
				Personnel or designee in the form and manner prescribed in the Merit Commission
				Rules (80 Ill. Adm. Code 50). Before a disciplinary suspension shall be
				effective, a signed request containing a clear and concise statement of facts
				showing good cause to suspend the employee shall be approved by the Director of
				Personnel. The employee shall be informed in writing of the charges prior to
				the effective date of the proposed suspension and be provided with a reasonable
				summary of the evidence. The employee shall have 4 working days after being
				informed of the proposed suspension within which to address to the department
				director or designee written rebuttal of the reasons given for the suspension.
				A decision not to suspend the employee or to reduce the suspension shall be
				rendered in writing to the employee and filed with the Director of Personnel.
				Notice of such suspension imposed must also be filed immediately with the
				Director of Personnel. If delay in the imposition of discipline will result in
				clear harm or damage to a department, the employee may be suspended prior to
				the review by the Director of Personnel.
d) Suspension Pending Decision on Discharge:
				A department may suspend an employee, without pay, for up to 30 days pending
				the decision of the operating department as to whether charges for discharge
				shall be filed against the employee. The department shall, at the time of the
				suspension, provide the employee with written reasons for the suspension in
				person or by certified mail, return receipt requested, at the employee's last
				address appearing in the personnel file. Notice of suspension must also be
				filed immediately with the Director of Personnel. The department shall
				thereafter promptly investigate the facts and circumstances and render its
				decision. Should the department determine that the facts and circumstances do
				not warrant disciplinary suspension or charges for discharge, the employee
				shall be made whole. Should the department determine that a disciplinary
				suspension is appropriate, subsection (c) shall apply in its entirety. Should
				the department determine that discharge of the employee is appropriate,
				subsection (f) shall apply in its entirety.
e) Definition of Day for Suspension Purposes:
				A day, for purposes of suspension, shall be defined as 7.5 hours, predicated on
				a 37.5 hour work week, unless the employee is in a position requiring a 40 hour
				week, in which case the day shall be 8.0 hours. Intermittent and permanent
				part-time employees' day for purposes of suspension shall be prorated based on
				their work schedule.
f) Discharge
				of Certified Employee:
1) Discharge of a
				certified employee may be initiated by a department director or other
				administrative authority by filing written charges for discharge with the
				Director of Personnel in the form and manner prescribed by the Director of
				Personnel, as specified in the Merit Commission Rules. Written charges shall
				contain a clear and concise statement of facts showing good cause for discharge
				and other supporting documentation, if applicable. No discharge of a certified
				employee shall be effective without the approval of the written charges for
				discharge by the Director of Personnel or designee.
2) Before a discharge shall be effective, the
				certified employee shall receive a written copy of the charges and a copy of a
				reasonable summary of the evidence designed to give the employee sufficient
				information to respond to the charges against him or her, and have at least 4
				working days within which to respond to the charges with reasons and evidence
				why discharge should not occur. The certified employee's response, which should
				include matters in defense and/or mitigation, shall be presented to the
				Director of Personnel in writing before 4:30 p.m. on the fourth working day
				after the certified employee has received notice of the proposed discharge,
				counting the day of service as the first day. The certified employee shall be
				suspended pending discharge for these four working days, and shall remain
				suspended until a final decision on discharge shall be made. These 4 working
				days shall not increase the maximum suspension periods allowed pursuant to
				subsection (c). If the Director of Personnel has attempted service on the
				individual through mail or other carrier service and personal delivery and yet
				is unable to make service on the individual, the Director of Personnel may file
				a motion with the Secretary of State Merit Commission seeking a determination
				that service has been accomplished through due diligence. The motion may be
				filed any time after 30 days have lapsed from the date service is first
				attempted on the individual. Service of the motion on the individual shall be
				by regular mail at the individual's last known address. The motion shall set
				forth the actions of the Secretary of State's Office with respect to service on
				the individual. A hearing shall be scheduled within 10 days after the filing of
				the motion. An order shall be entered at the conclusion of the hearing. If due
				diligence is shown, an order shall be entered stating that service has been
				attempted and accomplished for purposes of this subsection. The time period for
				the individual to appeal the dismissal with the Merit Commission begins on the
				date of the order.
3) After receipt
				of the certified employee's response to the proposed discharge, the Director of
				Personnel or designee shall carefully consider all matters submitted by the
				employee. The Director of Personnel or designee may consult with the employing
				department director before a final decision on discharge is made. The Director
				of Personnel or designee shall make a decision within a reasonable time. If
				more than 10 working days is required, the employee shall be notified in
				writing by hand delivery, by certified mail, return receipt requested, by
				courier, or by process server. The final notice of discharge shall contain a
				statement that the response of the certified employee was considered before a
				final decision was made, or that no response was submitted. The procedures of
				subsections (f)(1) and (g) shall then apply.