Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 7 - EMPLOYEE CORRECTIVE AND DISCIPLINARY ACTION › Section 27-120-7.4 - DISCIPLINARY/CORRECTIVE ACTION DECISION

Current through June 25, 2024
In the hearing, the appointing authority or designated
				  representative should only consider the reasons stated in the written notice,
				  any related supporting documentation, and the employee's response. A
				  determination and recommendation from the designated representative to the
				  appointing authority should include both a summary of the employee's response
				  and the basis for the decision and recommendation. The appointing authority
				  should carefully consider the designated representative's determination and
				  recommendation but may choose to accept or disregard the recommended personnel
				  action.
If it is determined that inefficiency or other good cause
				  exists, factors to consider in determining the appropriate personnel action
				  include, but are not limited to:
* The seriousness of the misconduct/unsatisfactory job
				  performance.
* The mission of the agency and the employee's particular
				  duties.
* The employee's assigned level of responsibility.
* The employee's previous record of both formal and informal
				  disciplinary/corrective action
* Consistency with past disciplinary/corrective action for
				  other similarly situated employees
Disciplinary action should be timely, and employers are to
				  ensure fair treatment for employees while also providing efficient operation of
				  the agency. When warranted, employers should practice progressive
				  disciplinary/corrective action to address employee misconduct or unsatisfactory
				  job performance. Depending on the particular circumstances, escalated
				  disciplinary/corrective action may not be possible.
If a disciplinary notice is issued as a result of the due
				  process hearing, the notice shall:
* Re-state the reasons contained in the written notice that
				  was the subject of the due process hearing and were determined to be
				  inefficiency or other good cause for disciplinary action. The reason(s) listed
				  in the notice will be the only reason(s) addressed throughout the appeals
				  process;
* State the effective date(s) of the disciplinary action. If
				  the employee is involuntarily demoted, the notice should state the new job
				  class and salary;
* State the decision may be appealed to the Mississippi
				  Employee Appeals Board (MEAB) with a written Notice of Appeal filed within
				  fifteen (15) calendar days after receipt of the disciplinary notice or within
				  fifteen (15) calendar days of the first attempted delivery date by certified
				  mail, return receipt request, whichever occurs first. The disciplinary notice
				  may be hand delivered or sent by certified mail;
* Refer the employee to chapter nine (9) of the MSPB Handbook
				  for additional information concerning appeals to the MEAB;
* Be issued by the appointing authority
Mississippi Code Annotated §
									25-9-127 provides that any State
				  Service employee who appeals to the MEAB his or her dismissal or action
				  adversely affecting compensation or employment status shall be required to
				  furnish evidence that the reasons stated by the employer
are not true or
				  are not sufficient grounds for the action taken.