Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-17 - Discharge

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A permanent classified employee may be discharged for any of the reasons set forth in OAC 455:10-11-14.
(b)
Pretermination hearing.
Before any permanent classified employee may be terminated, the employee shall be afforded a pretermination hearing to be held before the appointing authority or his or her designee. A pretermination hearing shall not be required if the employee is being terminated as part of a reduction-in-force as provided for in Title 74 O.S., Section 840-2.27 C.
(1)
Purpose.
The purpose of a pretermination hearing is to provide the appointing authority or his or her designee with information from which a determination may be made as to whether or not reasonable grounds exist to believe that the charges against the employee are true and whether or not the grounds support the proposed termination.
(2)
Notice.
Notice of the pretermination hearing shall be provided to the employee by personal service or certified or registered mail at least seven calendar days before the scheduled pretermination hearing. Pending completion of this notice and the pre-termination hearing, an employee may be suspended with pay in accordance with rules adopted by the Administrator of the Human Capital Management Division. The notice shall include, as a minimum:
(A) the statute, rule, policy, practice or procedure of work performance or behavior which was violated and cause for the proposed action;
(B) all grounds for the proposed action;
(C) a summary of evidence or physical evidence to support each of the stated grounds for the proposed action;
(D) a statement of the employee's right to be represented, by an attorney or other person of his or her choice, at the pre-termination hearing; and
(E) date, time and location of the pre-termination hearing.
(3)
Disciplinary certificate.
The appointing authority shall file in the employee's official personnel file at least seventy-two (72) hours before each pretermination hearing, a certificate to be included in the record stating what disciplinary actions have been taken to comply with progressive discipline prior to the pretermination hearing and proposed termination and further certifying that all mandatory progressive discipline actions as required by statute or rule have been taken before pretermination hearing; provided, said certificate shall not be required where grounds for proposed termination are for commission of a criminal offense and/or acts involving moral turpitude
[74:840-6.4(B)(3)].
(4)
Hearing.
The pretermination hearing need not be a full evidentiary hearing and formal rules of evidence shall not apply. The pretermination hearing shall be recorded in its entirety. The employee shall be provided a copy of the recording, at no cost, if the employee appeals to the Commission and requests a copy. A copy shall be provided as soon as possible but no later than 14 calendar days after the request is made.
(5)
Legal review.
Following the pretermination hearing, if recommendation for termination is made, recordings of the pretermination hearing and all evidence in support thereof, shall be reviewed for legal sufficiency by the appointing agency director or his or her designee before termination is final
[74:840-6.4(B)(7)].