Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
OKDHS:2-1-10. Suspension without pay and involuntary demotion
|

Revised 6-15-11

 

(a) Purpose.  A suspension without pay or involuntary demotion is taken when other forms of discipline are unsuccessful or for serious performance or behavior problems.  The notice of proposed suspension without pay or involuntary demotion is issued only by a chief officer, division director, or designee.  For purposes of this Section, one day equals eight working hours.  A suspension without pay can not exceed 60 calendar days or 480 hours in any 12-month period.

(b) Notice.  Notice of the proposed and final action is given by personal service or certified mail, restricted delivery.  Notice of proposed suspension without pay or involuntary demotion includes:

  • (1) the employee's name, title, job, family descriptor, pay band, user identification (ID) number, PeopleSoft number, and division;
  • (2) the date of the notice;
  • (3) the number of proposed hours or days of suspension without pay or the description of the proposed position of demotion;
  • (4) a citation of the statute, policy, practice, or procedure violated;
  • (5) grounds for suspension without pay or demotion, including a statement of the act or incident that is the cause for the suspension without pay or demotion;
  • (6) the evidence supporting the proposed action.  Witness statements and investigative reports are listed in the proposed suspension without pay or involuntary demotion and provided the employee under separate cover;
  • (7) a summary of prior discipline, or a statement that the employee has no prior discipline; and
  • (8) a notice of the employee's right to submit a written response within five working days.

(c) Final action.  Within ten working days after the employee's response deadline, the employee is provided written notice of the final action.  The chief officer, division director, or designee considers the notice, the employee's response, the employee's performance evaluation, and other relevant issues in arriving at the final action.  The notice of final action resulting in a suspension without pay or involuntary demotion includes:

  • (1) the employee's name, title, job family descriptor, pay band, user ID number, PeopleSoft number, and division;
  • (2) a statement that the action is being taken pursuant to  Section 840-6.5(B) of Title 74 of the Oklahoma Statutes and Merit Rule OAC 455:10-11-15;
  • (3) the date and specific final action taken;
  • (4) the length and dates of suspension without pay or the position of demotion;
  • (5) a citation of the statute, policy, practice or procedure violated;
  • (6) grounds for suspension without pay or involuntary demotion, including a statement of the act or incident that is the cause for the suspension without pay or involuntary demotion;
  • (7) a summary of prior discipline, or a statement that the employee has no prior discipline;
  • (8) the consideration given to the employee's response;
  • (9) a corrective action plan;
  • (10) notice of the employee's right to grieve the suspension without pay or involuntary demotion in accordance with the Oklahoma Department of Human Services (OKDHS) grievance regulations; and
  • (11) notice of the employee's right to file an appeal to the Oklahoma Merit Protection Commission (MPC); address of the MPC; the MPC filing time limit of 20 calendar days from date employee receives notice of the final action; and a copy of the MPC petition for appeal form.

(d) Distribution.  The local administrator provides a copy of the:

  • (1) notice of proposed suspension without pay or notice of involuntary demotion and a copy of the employee's response to the:
    • (A) employee;
    • (B) corrective discipline manager; and
    • (C) Legal Division; and
  • (2) final action of suspension without pay or final action of involuntary demotion to the:
    • (A) employee;
    • (B) Legal Division;
    • (C) corrective discipline manager;
    • (D) Human Resources Management Division (HRMD) personnel file; and
    • (E) Finance Division, Payroll Unit.
Last Updated:  6/14/2011