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      RS 33:2560     


§2560.  Corrective and disciplinary action for maintaining standards of service

A.  The tenure of persons who have been regularly and permanently inducted into positions of the classified service shall be during good behavior.  However, the appointing authority may remove any employee from the service or take such disciplinary action as the circumstances warrant in the manner provided below, for any one of the following reasons:

1.  Unwillingness or failure to perform the duties of his position in a satisfactory manner.

2.  The deliberate omission of any act that it was his duty to perform.

3.  The commission or omission of any act to the prejudice of the departmental service or contrary to the public interest or policy.

4.  Insubordination.

5.  Conduct of a discourteous or wantonly offensive nature toward the public or toward any municipal officer or employee, and any dishonest, disgraceful or immoral conduct.

6.  Drinking vinous or spirituous liquors while on duty or reporting for duty while under the influence of intoxicating beverages.

7.  The use of intoxicating liquors or habit forming drugs, liquids or preparations to an extent which precludes the employee from performing the duties of his position in a safe or satisfactory manner.

8.  The conviction of a felony.

9.  Falsely making a statement of any material fact in his application for admission to any test for securing eligibility or appointment to any position in the classified service, or practicing or attempting to practice fraud or deception in any test.

10.  Using or promising to use his influence or official authority to secure any appointment to a position within the classified service as a reward or return for partisan or political services.

11.  Soliciting or receiving any money or valuable thing from any person for any political party or political purpose.

12.  Inducing or attempting to induce, by threats of coercion, any person holding a position in the classified service to resign his position, take a leave of absence from his duties or waive any of his rights under the provisions of this part or of the rules of the board.

13.  The development of any defect or physical condition which precludes the employee from properly performing the duties of his position, or the development of any physical condition that may endanger the health or lives of fellow employees.

14.  The willful violation of any provision of this Part or of any rule, regulation or order adopted under its authority.

15.  Any other act or failure to act which the board deems sufficient to show the offender to be an unsuitable or unfit person to be employed in the fire and police service.

B.  Unless the cause or condition justifies an employee being permanently removed from the service, disciplinary action may extend to suspension without pay for a period not exceeding the aggregate of ninety days in any period of twelve consecutive months, reduction in pay to the rate prevailing for the next lower class, reduction or demotion to a position for any lower class and to the rate of pay prevailing therefor, or such other less drastic action that may be appropriate under the circumstances.  Nothing contained herein shall prevent any employee who is physically unable to perform the duties of his position from exercising his rights of voluntary retirement under any applicable law.

C.  Although it is incumbent upon the appointing authority to initiate corrective or disciplinary action, the board may, and shall upon the written request of any qualified elector of the state which sets out the reasons therefor, make an investigation of the conduct and performance of any employee in the classified service and, thereupon, may render such judgment and order action to be taken by the appointing authority.  Such action shall be taken forthwith by the appointing authority.

D.  In every case of corrective or disciplinary action taken against a regular employee of the classified service, the appointing authority shall furnish the employee and the board a statement in writing of the action and the complete reasons therefor.

Acts 1964, No. 282, §1.

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