TABLE OF CONTENTS

PURPOSE

This Department Order encourages compliance with established standards of conduct and is intended to protect the integrity and reputation of the Department.

RESPONSIBILITY

The Director has the final and overall responsibility for administering discipline. The Director may delegate this authority, but shall directly administer all discipline to employees at pay grades 26 and above, any discipline above a 40 hour suspension to employees at pay grade 25 and to employees at any other pay grade level as deemed necessary - with the exception of Inmate Health Services employees, described below. The Director may personally review any recommendation of dismissal of any permanent status employee, if the employee so requests.

Deputy Directors and Assistant Directors shall administer all discipline above a 40 hour suspension to their employees at pay grades 23 and 24, discipline up to and including a 40 hour suspension to their employees at pay grade 25, and are responsible for ensuring appropriate discipline is administered to all employees who are below pay grade level 23 - with the exception of Inmate Health Services employees, described below.

Inmate Health Services Program Managers are authorized to administer discipline to all covered employees who are at a pay grade of 24 or higher, including counseling, written reprimands, suspension without pay for greater than 40 hours. Demotions or dismissals must be approved by the Deputy Director of Inmate Health Services.

Facility Health Administrators are authorized to administer discipline to all covered employees who are at a pay grade of 23 or below, including counseling, written reprimands, suspension without pay for greater than 40 hours, demotion or dismissal of permanent employees. Inmate Health Services Program Managers are responsible for ensuring that appropriate discipline is administered.

Wardens and Bureau Administrators are authorized to administer all discipline to their employees who are at pay grade level 22 or below, including discipline that is appealable to the State Personnel Board, such as, suspension without pay for more than 40 work hours, demotion or dismissal of permanent status employees. They are also authorized to administer discipline up to and including a 40 hour suspension to their employees who are at pay grades 23 or 24.

Deputy Wardens, Administrators, and the Administrative Officer for Management are authorized to administer certain discipline to their employees who are at pay grade level 22 or below, including discipline that may be grieved, i.e., counseling, written reprimand and suspension without pay for 40 work hours or less. Also, they are authorized to dismiss employees on original probation.

All supervisors are authorized to counsel their subordinates. The counseling may be verbal and may be followed by a written confirmation of the counseling or a written counseling memorandum.

PROCEDURES

508.01 INVESTIGATION - Assigned staff shall investigate alleged acts of employee misconduct in accordance with Department Order #601, Internal Affairs Investigations.

1.1 Findings - The approving authority shall, within ten workdays after receiving the investigation reports, review them and determine whether they provide sufficient information to determine findings. The approving authority:

1.1.1 May request that the Professional Standards Bureau (PSB), conduct further investigation.

1.1.2 May consult with the PSB Administrator (if the investigation was conducted by staff assigned to the Inspections and Investigations Division) or the assigned investigator (if the investigation was conducted by staff assigned to any other division) to determine whether there is a recommended finding for each allegation of misconduct that was investigated.

1.1.3 May conduct further investigation or assign staff to conduct further investigation.

1.1.4 May interview anyone who may provide needed information relevant to the investigation.

1.1.5 Shall determine findings, i.e., whether any of the allegations that were investigated are sustained, and therefore require corrective discipline, or whether they are not sustained, exonerated or unfounded. Refer to the Department Order #601, Internal Affairs Investigations, and Department Order #501, Employee Professionalism Ethics and Conduct.

508.02 DISCIPLINE (SEE ATTACHMENTS A, B, C, D, E.)

1.1 Covered Employees - The approving authority shall, within ten workdays (unless extended by the Deputy Director) after determining the findings and after consideration of applicable aggravating or mitigating circumstances, meet face-to-face with the employee and implement appropriate non-disciplinary corrective action, e.g., Performance Appraisal for Correctional Employees (PACE) entry, letter of instruction, transfer or medical/mental health evaluations, or administer appropriate corrective discipline in accordance with this Department Order. Disciplinary action may be taken without conducting an investigation.

1.2 Uncovered Employees - When disciplined, the reason for the discipline shall be provided, but there is no relief opportunity through the grievance process or by appeal to the Personnel Board. The Director may, however, review the matter if the employee requests an executive review.

1.3 Disciplinary Actions - Processing of disciplinary actions shall not stop due to a manager's absence. All members of management who expect to be away from their positions due to annual leave, sick leave, extended training, etc., shall appoint an employee to act in their behalf. This employee shall handle all discipline and grievance actions during the absence.

1.4 Counseling

1.4.1 Verbal Counseling - The supervisor or approving authority shall record all instances of verbal counseling, to include the date, the nature of the counseling and the expected results. Any confirming written communication shall be between the employee involved and the supervisor or approving authority only, with no other authorized distribution.

1.4.2 Written Counseling - The supervisor or approving authority shall:

1.4.2.1 Provide a copy of the written counseling memorandum to the employee.

1.4.2.2 Ensure that the employee signs one copy of the written counseling memorandum, which shall be retained by the supervisor or approving authority as proof of receipt.

1.4.2.3 File a third copy in the employee's institution/work unit personnel file.

1.5 Written Reprimand - The approving authority:

1.5.1 Shall advise the employee that the reprimand shall be filed in the employee's Central Office personnel file and that the employee has the opportunity to respond by submitting a grievance.

1.5.2 May specify the period of time that the reprimand shall remain in the Central Office personnel file. If a time period is specified, the reprimand may be removed upon approval of the approving authority in accordance with Department Order #507, Employee Records. If no time period is specified, the reprimand shall remain in the file permanently, unless removal is later requested by the individual though the chain-of-command to the Deputy Director who has final authority.

508.03 SUSPENSION WITH OR WITHOUT PAY (SEE ATTACHMENT D)

1.1 The approving authority shall furnish the employee with a written statement of the reasons and statutory grounds for the suspension, the type of suspension and the opportunity to seek relief, in accordance with the following guidelines.

1.1.1 Covered Excluded FLSA-Exempt Positions and Covered FLSA-Exempt Positions In accordance with the Fair Labor Standards Act, may be suspended:

1.1.1.1 With pay for generally, 8, 16, 24, 32 and up to but not including 40 hours, requiring the suspended employee to continue working during the suspension.

1.1.1.2 Or, as an option, under these provisions the employee may be prohibited from working during a suspension if their presence in the workplace would be viewed as detrimental.

1.1.1.3 Without pay for 40 hours in a workweek.

1.1.1.4 Without pay for 80 hours or more, i.e., 40 hours in two consecutive workweeks.

1.1.2 Uncovered Excluded FLSA-Exempt Positions, in accordance with the Fair Labor Standards Act, may be suspended:

1.1.2.1 With pay for generally, 8, 16, 24, 32 and up to but not including 40 hours, requiring the suspended employee to continue working during the suspension.

1.1.2.2 Or, as an option, under these provisions the employee may be prohibited from working during a suspension if their presence in the workplace would be viewed as detrimental.

1.1.2.3 Without pay for 40 hours in a workweek.

1.1.2.4 Without pay for 80 hours or more in two consecutive workweeks.

1.1.3 Covered FLSA-Nonexempt Positions may be suspended without pay for up to 80 hours and shall not be allowed to work at any time during the suspension, to include regular days off.

1.1.4 Uncovered FLSA-Nonexempt Positions may be suspended without pay, generally for 8, 16, 24, 32 or 40, or 41-80 hours.

1.2 The approving authority shall:

1.2.1 Submit copies of the written statement to the Employee Relations Officer and submit for filing in the Central Office personnel file, the Department Staffing Unit and the Personnel Board if the suspension without pay is for 41 or more work hours.

1.2.2 Determine if the name of an employee who is suspended without pay for 41 or more work hours appears on a promotional register.

1.2.2.1 If the suspension is for 41 - 79 work hours:

1.2.2.1.1 Document the nature and the effective date of the disciplinary action.

1.2.2.1.2 Submit the documentation to the Director, along with a memorandum requesting that the employee's name be removed from all registers for the period of time specified in section 508.03, 1.4.

1.2.2.2 If the suspension is for 80 or more work hours, the employee's name shall automatically be removed from all promotional registers.

1.3 The Director shall either:

1.3.1 Approve the request and forward the memorandum and supporting documentation to the Central Office Personnel Service Bureau.

1.3.2 Disapprove the request and return the memorandum and supporting documentation to the approving authority.

1.4 The Personnel Services Bureau shall, upon receipt of the memorandum and supporting documentation approved by the Director, ensure that:

1.4.1 The names of employees who were suspended for 80 or more work hours and those approved by the Director are removed from promotional registers for a six month period from the effective date of the suspension.

1.4.2 These employees are again eligible to be promoted after the six month period following the effective date of the suspension.

1.4.3 Copies of the request and supporting documentation are filed in the employee's Central Office personnel file.

1.4.4 If a suspension is reduced to 40 work hours or less or is not upheld on appeal:

1.4.4.1 The employee's name is returned to the former position on any register, effective on the date of the decision.

1.4.4.2 The employee is again eligible to be promoted.

508.04 DEMOTION

1.1 The approving authority shall:

1.1.1 If the basis for the demotion is a performance problem rather than an act of misconduct, ensure that the employee's PACE report and related documents provide adequate justification for demotion.

1.1.2 Issue a demotion letter to the employee who is to be demoted, furnishing reasons and statutory grounds for the demotion and the opportunity to appeal to the Personnel Board, at least one working day prior to the effective date of the demotion.

1.1.2.1 Upon presentation of the letter, the employee shall be required to sign an acknowledging receipt for the letter and indicate the date received. Should the employee not be willing to sign, an indication shall be made and a witness shall sign verifying the employee would not acknowledge receipt.

1.1.3 Ensure that copies of the demotion letter are submitted to the Employee Relations Officer and the Personnel Board, the Department Staffing Unit, and the Personnel Services Bureau for filing in the employee's Central Office personnel file.

1.2 The Staffing Unit Manager or designee shall ensure:

1.2.1 The names of employees who are demoted are removed from a promotional register for a period of 12 months after the effective date of the demotion.

1.2.2 Employees who were demoted serve in the lower pay grade and are ineligible to apply for promotional opportunities for a period of 12 months following the effective date of the demotion.

1.2.3 Employees who were demoted are eligible to apply for promotion to the next higher classification in the same series from which they were demoted, or to any other classification for which they meet the minimum qualifications, after the 12 month period following the effective date of the demotion.

1.2.3.1 Employees who were demoted more than one level in a series shall not be eligible to apply for promotion to or above the level from which they were demoted for a period of three years.

1.2.4 If a demotion is not upheld on appeal, the previously demoted employee's name shall be returned to the former position on any register, effective on the same date that the personnel action is overturned, and the previously demoted employee shall again be eligible to be promoted.

508.05 RESIGNATION

1.1 Resignation in Lieu of Dismissal Requests - Employees who want to resign voluntarily in lieu of being dismissed shall:

1.1.1 Complete and sign a Resignation in Lieu of Dismissal letter. (See Attachment E-12.)

1.1.2 Deliver the letter to the appropriate approving authority.

1.2 Processing "Resignations in Lieu of Dismissal" - Upon receipt of a Resignation in Lieu of Dismissal letter, approving authorities shall:

1.2.1 Record on the resignation letter the date and time of receipt and initial the letter.

1.2.2 Consider all aggravating and mitigating circumstances that led to the imminent dismissal of the employee.

1.2.3 Notify the Department's Attorney General Liaison prior to approving a resignation in lieu of dismissal if the employee has already filed an appeal or court action in connection with the disciplinary action that resulted in a pending dismissal.

1.2.4 Approve the resignation in lieu of dismissing the employee whenever possible for pending dismissals.

1.2.4.1 Approving authorities may choose to dismiss an employee, in accordance with A.A.C. R2-5-803, Dismissal, in lieu of accepting a voluntary resignation.

1.2.5 Forward copies of the accepted resignation to the employee's institution/work unit personnel file and the Personnel Services Bureau for filing in the employee's Central Office personnel file.

1.3 Verbal Resignations

1.3.1 Approving authorities shall confirm, in writing, a verbal resignation when the employee is resigning in good standing or resigning in other than good standing, but the current facts do not merit dismissal. The confirmation memo shall contain the following information:

1.3.1.1 Employee's name and social security number.

1.3.1.2 Date and time the resignation was received.

1.3.1.3 Actual resignation date.

1.3.1.4 Circumstances surrounding the verbal resignation.

1.3.2 Approving authorities shall forward copies of the confirmation memo to:

1.3.2.1 The employee's institution/work unit personnel file.

1.3.2.2 The Personnel Services Bureau for filing in the employee's Central Office personnel file.

1.4 Notification to the DOA Personnel Office - The Personnel Services Bureau shall forward copies of all Resignation in Lieu of Dismissal letters and verbal resignation confirmation memos to DOA Personnel, in order to ensure that affected employees are not added to future reinstatement registers.

1.5 Withdrawal of Resignations - Employees may withdraw resignations only in writing and with personal delivery to the appropriate approving authority by no later than the end of the next workday after delivery of a resignation letter, unless the approving authority and the employee agree to a later withdrawal of the resignation.

1.6 Ineligibility for Employment - An employee who resigns in lieu of being dismissed shall not be eligible for reinstatement or rehire by the Department for a two year period.

508.06 DISMISSAL OF COVERED, PERMANENT STATUS EMPLOYEES - The approving authority shall: (SEE ATTACHMENT E.)

1.1 Provide the employee with Notice of Charges Letter, informing the employee that a dismissal is being considered and the reasons and statutory grounds for the consideration of dismissal. The approving authority shall meet with the employee when delivering the notice and discuss the facts that warrant dismissal.

1.2 Inform the employee of the opportunity to prepare a written response to the notice for submission to the approving authority within three workdays after receipt of the notice, unless extended in writing by the approving authority.

1.3 Consider the employee's response to the Notice of Charges letter before deciding whether the employee is to be dismissed.

1.4 Upon determination to dismiss the employee, issue a dismissal letter to the employee in person or by certified mail, or accept a letter of resignation in lieu of dismissal from the employee, if appropriate.

1.5 At the time of issuance of the dismissal letter, advise the employee of the opportunity to request a review of the action by the Director. If the employee wishes to meet with the Director, the employee shall request an appointment within three workdays after receipt of the dismissal letter.

1.6 When applied to covered, permanent status employees only, the dismissal letter shall include:

1.6.1 A written statement of the statutory grounds for dismissal in sufficient detail to explain the facts.

1.6.2 Notification of the right to appeal in writing to the State Personnel Board within 10 workdays from the effective date of the dismissal.

1.7 Unless modified by the Director, ensure that the dismissal action takes effect at the end of 10 workdays from the date of the dismissal letter. The approving authority may elect to place the employee on administrative leave with pay during this period, if the employee's presence at the work site would prevent the employee from satisfactorily performing his required duties or would disrupt the work environment or would interfere with an investigation.

508.07 OPPORTUNITY TO RESPOND - Covered employees who receive corrective discipline shall have the following opportunities to respond:

1.1 Verbal Counseling, Written Counseling and Written Reprimand - Employees may file a written grievance in accordance with Department Order #517, Employee Grievances.

1.2 Suspension - Covered permanent status employees may:

1.2.1 If the suspension with or without pay is for 8 through 40 work hours, file a written grievance within the required time period.

1.2.2 If the suspension is for 41 or more work hours, appeal to the State Personnel Board within 10 workdays from the effective date of the action.

1.3 Demotion - Covered permanent status employees may respond to their demotion by appealing to the State Personnel Board, within 10 workdays of the effective date of the demotion.

1.4 Dismissal (Covered Permanent Status) - Covered permanent status employees may respond at various stages of the dismissal process by:

1.4.1 Written response.

1.4.2 Requesting a meeting with the Director to review related documentation.

1.4.3 Appealing to the State Personnel Board within 10 workdays of the effective date of the dismissal.

1.5 Dismissal (Uncovered/Original Probation) - Uncovered employees and covered employees on original probation have no opportunity to appeal their dismissal.

508.08 DISMISSAL OF UNCOVERED EMPLOYEES/EMPLOYEES ON ORIGINAL PROBATION

1.1 Uncovered employees may not use the grievance process or appeal to the Personnel Board, but may request a review by the Director.

1.2 Approving authorities shall provide the employee with a dismissal letter and an effective date of the action. No reason for dismissal shall be identified in the letter.

508.09 INVESTIGATION REPORTS; ACCESS TO DISCIPLINARY SANCTIONS/CLASS OF OFFENSE GUIDELINES

1.1 Approving authorities shall, as required by Department Order #601, Internal Affairs Investigation:

1.1.1 Return all investigation reports and files to the PSB after taking disciplinary action.

1.1.2 Not release the contents of investigation reports to anyone, except as required by statute or court order, unless approved by the Assistant Director for Inspections and Investigations.

1.1.3 Allow attorneys representing the Department to have access to reports and files, and to duplicate them, upon request.

1.2 Supervisors shall ensure that employees read and understand Attachments A, B, C and D, including the "Chart of Disciplinary Sanctions," which describes the available ranges of disciplinary sanctions, and the "Class of Offense Guidelines," which prescribes misconduct and appropriate discipline.

ATTACHMENTS

Attachment A - Discipline Chart Introduction

Attachment B - Chart of Disciplinary Sanctions

Attachment C - Class of Offense Guidelines

Attachment C1 - Exceptions to Moral Turpitude

Attachment D - Chart of Disciplinary Suspensions With/Without Pay

Attachment F - Supersedes

IMPLEMENTATION

Within 180 days of the effective date of this Department Order, the Assistant Director for Human Resources/Development shall assess and evaluate the effectiveness of the Supervisor's Handbook to determine the need for continuation, modification or discontinuation of the manual.

DEFINITIONS

AGGRAVATING/MITIGATING CIRCUMSTANCES - Issues that the approving authority considers, before recommending corrective discipline, which may justify lesser or greater discipline for a particular offense. Examples of such circumstances are: admission of complicity, remorse, commitment to appropriate subsequent behavior, repeated violations, refusal to commit to change and damage to the Department's image.

APPROVING AUTHORITIES - Individuals to whom the Director has delegated authority to recommend corrective action and implement approved discipline. Approving authorities include: Deputy Directors, Assistant Directors, Wardens, Bureau Administrators, Deputy Wardens and Administrators, and are designated in accordance with the pay grade level of the employee to be disciplined and the severity of the discipline.

DEMOTION - A change of assignment of a permanent status employee for cause, from a position in one class to a position in another class having a lower pay grade, resulting from disciplinary action. (The purpose of demotion is to place the employee in a position that is more consistent with the employee's abilities and where there are reasonable prospects that the employee can perform at an acceptable level.)

FAILURE TO DISCHARGE DUTIES - Failure to carry out custodial responsibilities that results in the escape of an inmate, serious injury or death of another person or prisoner.

FINDINGS - Determinations made by approving authorities after their review of all investigation reports concerning each complaint alleging employee misconduct.

• Sustained - The employee committed all or part of the alleged act.

• Not Sustained - The investigation, including any inquiries conducted by the approving authority, produced insufficient information to prove or disprove the allegation.

• Exonerated - The employee committed all or part of the alleged act, but the act was justified, lawful and proper.

• Unfounded - The employee did not commit the alleged act.

INVESTIGATIONS - Detailed inquiries and factual reports, conducted and prepared by Professional Standards Bureau (PSB) Investigators, approving authorities or investigators assigned by approving authorities, of incidents or complaints involving allegations of misconduct.

LETTER OF DISMISSAL - Written notice from the approving authority advising an employee of his/her dismissal from employment with the Department.

MAJOR/MINOR MISCONDUCT - Whether or not a complaint shall be handled as major or minor misconduct is determined, in consultation with the approving authority, by the PSB Administrator. This determination is made before the responsibility for the investigation is assigned, but is subject to change during the course of the investigation. Normally, minor misconduct involves Class 1, 2 or 3 offenses, and major misconduct involves Class 4, 5 or 6 offenses, as described in Attachment C.

MORAL TURPITUDE - Any intentional act or conduct of an employee of the Arizona Department of Corrections that is marked by baseness, vileness, or depravity; or involves fraud, deceit or dishonesty; or otherwise offends the conscience of the community. (See C-1 for exceptions.)

NOTICE OF CHARGES LETTER - Written notice from the approving authority expressing the intention to dismiss an employee. The letter shall advise the employee of the statement of charges and the opportunity for the employee to submit a written response to the charges.

ORIGINAL PROBATION - The specified period of employment, following initial appointment, reinstatement, or reemployment, which is a work test-period for observation and evaluation of the employee's work.

POSITIONS - Official class titles and descriptions, with identifying numbers (the Class Code and the Human Resource Management System [HRMS] Position Number).

• Covered Positions - The status of positions in State Service, which are subject to the Personnel Rules, in accordance with A.R.S. 41-762. The Class Code for a covered position is a five digit number that does not begin with zero, e.g., Correctional Officer I, #39002. Covered positions include:

• Covered Excluded FLSA-Exempt Positions - Managerial Positions designated by the Department of Administration (DOA), e.g., Bureau Administrators, and Professional Positions, e.g., Physicians and Attorneys paid in accordance with a special salary plan. The HRMS Position Number for these positions ends in the letter O, usually preceded by the letter A, e.g., ADC6326AAO.

• Covered FLSA-Exempt Positions - Positions designated by DOA in which compensation for overtime is not required by FLSA guidelines. The HRMS Position Number for these positions ends in the letter E, usually preceded by the letter A, e.g., ADC3565AAE.

• Covered FLSA-Nonexempt Positions - Positions designated by DOA in which compensation for overtime is required by FLSA guidelines. The HRMS Position Number for these positions ends in the letter N, usually preceded by the letter A, e.g., ADC2522AAN.

• Uncovered Positions - Positions that are not subject to the Personnel Rules, in accordance with A.R.S. 41-762. The Class Code for an uncovered position is a five digit number beginning with zero, e.g., Assistant Director, HRD, #05925. Uncovered positions include:

• Uncovered Excluded FLSA-Exempt Positions - Appointed positions, e.g., Deputy Director, Assistant Director, Warden, Deputy Warden, Administrators and some Bureau Administrator positions. The HRMS Position Number for these positions ends in the letter O, usually preceded by the letter H, e.g., ADC6326AHO.

• Uncovered FLSA-Nonexempt Positions - Appointed positions (e.g., some Executive Staff support positions). The HRMS Position Number for these positions ends in the letter N, usually preceded by the letter H, e.g., ADC2522AHN.

REGISTER - A Department Central Promotional Register or internal hiring list.

RESIGNATION IN LIEU OF DISMISSAL - A voluntary resignation, authorized by an approving authority, prior to an employee's imminent dismissal.

SUPERVISOR'S MANUAL - A compilation of interpretations, written instructions and other information that assists the Department's supervisors in implementing the Personnel Rules, e.g., those that relate to corrective discipline. The Supervisor's Handbook for Corrective Discipline is contained in the Supervisor's Manual.

SUSPENSION - Temporary removal from duty for cause, not to exceed a combination of 30 workdays during any 12 month period. (The 12 month period begins with the first day of the first suspension.)

VERBAL COUNSELING - Verbal disciplinary action that may be administered when a problem is first identified. It shall include an explanation of the misconduct and a description of the expected/acceptable behavior.

WORKWEEK - Begins on Saturday at 12:01 a.m. and ends on Friday at 12:00 p.m..

WRITTEN COUNSELING - Written disciplinary action that may be administered if verbal counseling was ineffective, or for minor misconduct that warrants documentation and corrective action, but is not serious enough to warrant a letter of reprimand. Written counseling clearly defines:

• The cause for such action.

• In what manner the employee's conduct was improper.

• That further disciplinary action may be taken if the employee's conduct or performance is not corrected.

WRITTEN REPRIMAND - Written disciplinary action administered by the approving authority that clearly defines:

• The cause for such action.

• In what manner the employee's conduct was improper.

• That further disciplinary action may be taken if the employee's conduct or performance is not corrected.

AUTHORITY

A.R.S. 41-769, Refusal of Examination or Certification.

A.R.S. 41-770, Causes for Dismissal or Discipline.

A.R.S. 13-1419, Unlawful Sexual Conduct; Correctional Employees; Prisoners.

A.R.S. 13-2513, Failure to Discharge Duties.

29 U.S.C. Section 201, Fair Labor Standards Act (FLSA).

A.A.C. R2-5-204.J.4., Removal of Names from Registers.

A.A.C. R2-5-701, Grievance System.

A.A.C. R2-5-801, Suspension.

A.A.C. R2-5-802, Demotion.

A.A.C. R2-5-803, Dismissal.

A.A.C. R2-5-901, Resignation.

ATTACHMENT A

DEPARTMENT ORDER 508

DISCIPLINE CHART INTRODUCTION

Multiple Infractions

In cases involving more than one sustained violation, disciplinary action should begin with the most serious violation. Other violations may then be considered as aggravating circumstances when determining the appropriate penalty from within the minimum and maximum recommended range, or each violation may be individually considered and the penalties cumulated.

Progressive Discipline

Grave acts of misconduct may warrant dismissal of an employee without previous counseling, warning, reprimand or other discipline. However, less serious acts of misconduct may warrant the use of progressive discipline, i.e., lesser to greater discipline, to give the employee a chance to reform his or her conduct. The increasing level of concern expressed through progressive discipline may begin with verbal or written counseling, proceed to written reprimand, suspension for up to eighty hours, demotion or dismissal.

A demotion, suspension of more than 40 work hours, or dismissal entitles a permanent employee under A.R.S. 41-785 to appeal to the Arizona State Personnel Board. Suspensions of 8-40 work hours entitle employees to use the grievance procedure. (See Attachment D.) Accordingly, lesser discipline should generally be imposed first, unless the misconduct is of a grievous nature. (See the Class of Offense Guidelines in Attachment C.)

Because one of the primary goals of this manual is to make discipline uniform and equitable throughout the agency, consideration of the guidelines for corrective action and consideration of both mitigating and aggravating circumstances are essential when determining the level of discipline to be imposed.

The Discipline Chart (Attachment B)

The following chart represents penalties to be imposed for the various classes of offenses listed in Attachment C. This chart indicates the suggested level of discipline, from less serious to more serious, for the Class of Offense and for first, second and third offenses.

Revised 01/17/97

ATTACHMENT B

DEPARTMENT ORDER 508

CHART OF DISCIPLINARY SANCTIONS

Multiple violations in any class should result in the imposition of penalties in the next higher class.

Mitigating and aggravating circumstances should be used to determine if the minimum or maximum sanction should be imposed. Mitigating circumstances may justify the minimum sanction. Aggravating circumstances may justify the maximum sanction.

Aggravating circumstances may warrant the imposition of penalties in the next higher class. Mitigating circumstances may warrant the imposition of penalties in the lower class.

Suspensions are generally imposed in multiples of 8 work hours and within minimum/maximum recommended limits.

Demotions may be imposed instead of or in conjunction with suspensions when it is appropriate, i.e. to place the employee in a position more in line with the employee's abilities and in which there is a reasonable prospect the employee can perform at an acceptable level.

Revised 01/17/97

ATTACHMENT C

DEPARTMENT ORDER 508

CLASS OF OFFENSE GUIDELINES

1. Incompetence

a. Careless or sloppy work; frequent mistakes or errors. CLASS 1

b. Failure to complete work assignments. CLASS 1

c. Failure to maintain prescribed records or to prepare prescribed reports. CLASS 1

d. Failure to take corrective action when warranted. CLASS 3

e. Improper recommendation or disposition of an offender discipline case. CLASS 3

f. Making inappropriate recommendations. CLASS 2

g. Improper use, handling, or display of firearms. CLASS 4

2. Inefficiency

a. Wasting time or loitering. CLASS 1

b. Failure to keep work area clean and uncluttered, causing a work hazard. CLASS 1

c. Misplacement of important documents or property. CLASS 3

d. Failure to properly maintain State property or equipment. CLASS 2

e. Allowing unauthorized personnel to enter work areas. CLASS 2

f. Failure to ensure employees perform required duties. CLASS 2

g. Failure to investigate and report actual or alleged incidents of misconduct or violation of written instructions or rules. CLASS 5

h. Failure to ensure proper care of Department property and equipment. CLASS 3

i. Failure to advise employee of the grievance and appeal process and/or apprise the chain-of-command of possible forthcoming complaints or grievances. CLASS 2

j. Misuse and/or abuse of supervisory authority or privilege. CLASS 4

k. Failure to exercise proper supervision over subordinates or offenders. CLASS 3

l. Failure to maintain proper work standards. CLASS 3

m. Allowing an offender to escape through carelessness. CLASS 5

n. Creating or contributing to unsanitary conditions. CLASS 3

o. Disregard of safety rules. CLASS 3

p. Restricting output or work slowdown. CLASS 3

q. Concealing or covering-up of defective workmanship. CLASS 3

r. Failure to make proper notification of sick leave. CLASS 1

s. Failure to maintain telephone or other method of delivering messages at residence. CLASS 1

t. Failure to notify Department of change of address or telephone number. CLASS 1

u. Failing to remain impartial in performing duties during a labor dispute. CLASS 2

v. Requesting or obtaining unauthorized legal opinions from the Office of the Attorney General.CLASS 1

w. Failure to maintain required uniform. CLASS 1

x. Failure to wear appropriate clothing consistent with assigned duties. CLASS 1

3. Neglect of Duty

a. Failure to maintain personal appearance appropriate to the job. CLASS 1

b. Loss of seized, found, or recovered property by negligence. CLASS 4

c. Failure to turn seized, found, or recovered property directly to property custodian, court, or owner.CLASS 4

d. Failure to intervene or respond when necessary. CLASS 3

e. Inattentiveness to duty. CLASS 1

f. Leaving an assigned post while on duty without authorization of a supervisor. CLASS 3

g. Failure to report improper activity or violation of this Department Order to a supervisor. CLASS 3

h. Failure to thoroughly search for and properly collect any available evidence in any arrest or investigation. CLASS 3

i. Failure to properly investigate or complete necessary reports. CLASS 3

j. Failure to appear for court or a hearing when duly notified or subpoenaed. CLASS 2

k. Preferential treatment of subordinates or offenders. CLASS 3

l. Undue familiarity or association with offenders or their families. CLASS 3

m. Intimate contact or other inappropriate behavior with an offender. CLASS 5

n. Sexual contact, oral sexual contact or sexual intercourse with a prisoner or any offender under the supervision of the Department. CLASS 7 (See ARS 13-1419 for details).

o. Sleeping on duty. CLASS 3

p. Violation of statutes, rules, or written instructions. CLASS 3

q. Using or permitting the use of unnecessary force. CLASS 5

r. Failure to perform security functions (security breach). CLASS 5

s. Failure to respond to radio call. CLASS 2

t. Failure to Discharge Duties - intentionally failing to discharge custodial responsibility provided that failure results in (a) escape of a prisoner or (b) the serious physical injury or death of another person. CLASS 7 (See ARS 13-2513 for details).

u. Horseplay. CLASS 3

v. Conducting outside/personal business on State time. CLASS 5

w. Abuse of sick leave. CLASS 1

x. Unauthorized disclosure of confidential material. CLASS 6

y. Revelation of restricted or sensitive information except as authorized. CLASS 1

z. Divulging criminal records or protected information of one person to another, except when necessary to conduct the Department's business. CLASS 4

aa. Borrowing from or lending to an offender something of value. CLASS 6

4. Absent Without Leave (AWOL)

a. Unexcused tardiness not resulting in an adverse impact on the agency. CLASS 1

b. One-day AWOL. CLASS 3

c. Two or more days AWOL. CLASS 5

5. Insubordination

a. Failure to carry out a direct, lawful order (or otherwise willful disregard authority). CLASS 3

b. Violation of Standards of Conduct for State employees. CLASS 5

c. Failure to reply truthfully to any question or request for information in any investigation, hearing, or Departmental concern or procedure. CLASS 7

d. Failure to submit to a polygraph examination when ordered to do so by the Director or his designee. CLASS 7

e. Sexual misconduct on State time and/or involving State property or equipment. CLASS 7

f. Refusal to undergo a search of person or property. CLASS 6

g. Failure to comply with any court order or judgement, orders, written instructions, and rules. CLASS 3

h. Failure to display proper I.D. CLASS 3

i. Abusive or profane language. CLASS 3

j. Unlawful gambling on State property or while on duty. CLASS 3

k. Making or accepting improper solicitation. CLASS 3

l. Threats of violence against others. CLASS 5

m. Failure to cooperate with other employees or supervisors. CLASS 3

n. Unlawful or unauthorized possession of weapons on State property. CLASS 6

o. Unauthorized service of legal process. CLASS 3

p. Possessing contraband on State property. CLASS 6

q. Buying or selling contraband on State property. CLASS 6

r. Engaging in unauthorized public appearance. CLASS 2

s. Conduct unbecoming an employee of the Department not described elsewhere in this Department Order. CLASS 1

t. Use of tobacco while engaged in official functions where such use would be obtrusive or offensive. CLASS 1

u. Conducting business transactions with an offender. CLASS 4

v. Sexual harassment of another person, or discrimination. CLASS 5

6. Discourteous Treatment of the Public (& Offenders)

a. Discourteous or insulting language. CLASS 1

b. Abusive or profane language. CLASS 3

c. Threat of physical violence. CLASS 5

d. Use of excessive force. CLASS 6

e. Engaging in political or religious discussions. CLASS 1

f. Discriminating against or harassing another person because of that person's race, color, sex, religion, national origin, age, political affiliation or disability. CLASS 5

g. Use of rude or insulting language, or conduct offensive to the public. CLASS 2

h. Physical abuse of an offender. CLASS 6

7. Misuse or Unauthorized Use of State Property

a. Damage to State property - neglect or carelessness. CLASS 1

b. Unauthorized destruction of State records. CLASS 5

c. Speeding, committing other traffic violations while driving a state owned vehicle, or reckless handling of other State equipment. CLASS 3

d. Using Department vehicle for other than official business or for personal use and benefit. CLASS 2

e. Involvement in a preventable accident with Department vehicles. CLASS 2

f. Deliberate waste of materials or supplies. CLASS 3

g. Unlawful removal of State records. CLASS 5

h. Improper use of Department communications. CLASS 1

i. Intentional damage to State equipment. CLASS 5

j. Using State property for personal business. CLASS 5

k. Needless abuse or loss of State equipment. CLASS 3

8. Drunkenness on Duty

a. Smell of alcohol on breath while on duty. CLASS 4

b. Knowingly consuming alcoholic beverages while on duty. CLASS 6

c. Drunk on duty. CLASS 6

d. Damaging State equipment while under the influence of alcoholic beverages. CLASS 6

e. In uniform but off duty, drinking liquor or intoxicated in public. CLASS 6

f. Appearing unfit for duty while under the influence of liquor. CLASS 6

9. Willful Disobedience

a. Refusal to obey a direct order. CLASS 5

b. Refusal to obey a statute, regulation or Departmental written instruction. CLASS 6

c. Instituting or settling a civil action arising from duty without notifying the Director. CLASS 1

d. Withholding information from supervisor or other appropriate person. CLASS 3

e. Failure to supply name, and employee number if available, when requested to do so. CLASS 1

10. Addiction to Use of a Narcotic or Habit-Forming Drug

a. Willful addiction to any drug or narcotic not prescribed by a licensed physician. CLASS 7

b. Unlawful possession of, or addiction to, narcotics or drugs. CLASS 7

c. Being under the influence of alcohol or nonprescription drugs while on duty. CLASS 6

d. Being under the influence of nonprescription drugs while off duty. CLASS 6

e. Abuse of a prescription drug prescribed by a physician. CLASS 6

f. Driving while under the influence of alcohol or drugs, while on or off-duty - first incident. CLASS 6

g. Driving while under the influence of alcohol or drugs, while on or off-duty - second incident within five years. CLASS 7.

11. Criminal Conviction/Staff Arrest

a. Conviction of a felony. CLASS 7

b. Violation of A.R.S. 31-204, INTEREST OF EMPLOYEE IN CONTRACTS (A); GIFTS TO OR FROM PRISONER (B). CLASS 7

c. Commission of a felony, or legal action proceeding from commission of, participation in, or involvement in a felony. CLASS 7

d. Commission of a misdemeanor involving moral turpitude, or legal action proceeding from the commission of, participation in, or involvement in a misdemeanor involving moral turpitude. CLASS 7 (See Attachment C-1 for Exceptions).

e. Commission of a misdemeanor not involving moral turpitude, or legal action proceeding from the commission of, participation in, or involvement in a misdemeanor not involving moral turpitude. CLASS 5 (See Attachment C-1 for Exceptions).

f. Failure to report arrest. CLASS 4

g. Failure to report the knowledge of the commission of a felony or misdemeanor involving moral turpitude by others. CLASS 6 (See Attachment C-1).

h. Failure to report contact with law enforcement (other than in matters involving routine traffic stops, random automobile stops and road blocks, and other than in cases involving the rendering of assistance to law enforcement) or having been notified that he/she is the subject of a criminal investigation, or that a criminal investigation has proceeded against him/her. CLASS 3

i. Failure to self-disclose domestic violence conviction. CLASS 6 [18 U.S.C.A. §§ 917, 922 (Federal Gun Control Act of 1968) as amended, effective October 1, 1996].

j Domestic violence arrest or conviction. CLASS 6

Legal action includes arrest, booking, preliminary hearing, indictment (charging), arraignment, and trial. When the findings of a Departmental investigation indicate that an individual more likely than not committed the act, disciplinary action may be taken, independent of action taken by law enforcement, the county attorney, or the State.

12. Improper Political Activity

a. Using any political endorsement in connection with any appointment to a position in the state service. CLASS 2

b. Using or promising to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration. CLASS 2

c. Being a member of any national, state or local committee of a political party. CLASS 2

d. Serving as an officer or chair of a committee of a partisan political club. CLASS 2

e. Becoming a candidate for nomination or election to any paid public office. CLASS 3

f. Holding any paid, elective public office. CLASS 3

g. Taking part in the management or affairs of any political party or in the management of any partisan or non-partisan campaign or recall effort. CLASS 3 (See ARS 41-772 for clarification on "Management").

h. Holding such positions as deputy election registrars or positions on election boards, and in all other instances where such appointments are made as representatives of any political party. CLASS 3

i. Engaging in any authorized political activity, except for expressing an opinion, while on duty, while in uniform or at public expense. CLASS 4

j. Soliciting any employee or a member of the Personnel Board to engage or not engage in any authorized political activities with direct or indirect use of any threat, intimidation or coercion, including threats of discrimination, reprisal, force or any other adverse consequence including loss of any benefit, reward, promotion, advancement or compensation. CLASS 7

k. Subjecting any employee or a member of the Personnel Board engaging in authorized political activities to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation.CLASS 7

l. Subjecting any employee or member of the Personnel Board who chooses not to engage in any authorized political activity to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation. CLASS 7

m. Advocating or having membership in an organization that advocates overthrow of the government of the United States, or the State, by force, violence or other unlawful means. CLASS 7

n. Renouncing of citizenship or allegiance to the United States or the State of Arizona; or the taking of an oath of allegiance or otherwise pledging allegiance to any foreign country or organization that advocates the violent overthrow of the government of the United States or the State of Arizona. CLASS 7

13. Dishonesty

a. Stealing, misappropriation of funds or fraudulent activity. CLASS 7

b. Knowingly making false statement on travel claims. CLASS 7

c. Intentional untruthfulness. CLASS 7

d. Receiving travel expenses through false pretenses. CLASS 7

e. Falsifying State records. CLASS 7

f. Accepting or soliciting a bribe or gratuity. CLASS 7

g. Making a personal profit from State transactions. CLASS 7

h. Making false or unfounded statements (Unintentional). CLASS 3

i. Knowingly making a false statement or entry in any Departmental report, record, application, interview, hearing, or judicial proceedings. CLASS 5

14. Fraud in Securing Employment

a. Willful or negligent falsification of application for employment or other personnel forms. The falsification must deal with a material fact that would have adversely affected the employee's selection. CLASS 7

b. Permitting another person to take a portion of the State Service examination for the employee or for someone else or participating in such an examination for another person. CLASS 7

ATTACHMENT C-1

DEPARTMENT ORDER 508

Revised 01/17/97

MISDEMEANORS - EXCEPTIONS TO MORAL TURPITUDE

1. A.R.S 13-1502 CRIMINAL TRESPASS IN THE THIRD DEGREE

2. A.R.S. 13-1503 CRIMINAL TRESPASS IN THE SECOND DEGREE

3. A.R.S. 13-1504(B) CRIMINAL TRESPASS FIRST DEGREE (MISDEMEANOR)

4. A.R.S. 13-1602(B) (4) CRIMINAL DAMAGES

5. A.R.S. 13-1603 CRIMINAL LITTERING

6. A.R.S. 13-1604(B) (4) AGGRAVATED CRIMINAL DAMAGE

7. A.R.S. 13-1702 RECKLESS BURNING

8. A.R.S. 13-2404 REFUSING TO ASSIST IN FIRE CONTROL

9. A.R.S. 13-2506 FAILURE TO APPEAR

10. A.R.S. 13-2509 RESISTING AN ORDER DIRECTING OR REGULATING OR CONTROLLING MOTOR VEHICLE

11. A.R.S. 13-2902 UNLAWFUL ASSEMBLY

12. A.R.S. 13-2904 DISORDERLY CONDUCT

13. A.R.S. 13-2905 LOITERING

14. A.R.S. 13-2906 OBSTRUCTING A HIGHWAY

15. A.R.S. 13-3103 MISCONDUCT INVOLVING AN EXPLOSIVE

16. A.R.S. 13-3109 SALE OR GIFT OF FIREARM TO A MINOR

17. A.R.S. 13-3110 MISCONDUCT INVOLVING SIMULATED EXPLOSIVE DEVICES

18. A.R.S. 31-3306 POSSESSION OF A GAMBLING DEVICE

19. A.R.S. 13-3307 POSSESSION OF GAMBLING RECORDS

20. A.R.S. 13-3622 FURNISHING TOBACCO TO A MINOR

21. A.R.S. 13-2908 CRIMINAL NUISANCE

22. A.R.S. 13-2909 RESIDENTIAL PICKETING

23. A.R.S. 13-2910 CRUELTY TO ANIMALS OR POULTRY (Per Campbell v. Superior Court, 225 Ariz. Adv. Rep 9)

ATTACHMENT C-1

DEPARTMENT ORDER 508

Page 2 of 2

24. A.R.S. 13-2911 INTERFERENCE WITH THE PEACEFUL CONDUCT OF EDUCATIONAL INSTITUTIONS

25. ALL CIVIL AND CRIMINAL TRAFFIC VIOLATIONS FALLING UNDER TITLE 28

26. WHERE CIVIL AND CRIMINAL MISDEMEANORS APPEAR IN OTHER ARS TITLES NOT COVERED, PLEASE CONSULT WITH LEGAL SERVICES.

* THIS LISTING IS SUBJECT TO PERIODIC UPDATE/REVISION BY LEGAL SERVICES.

** NOTE TO SUPERVISORS: SUPERVISORS ARE TO CONTACT THE EMPLOYEE RELATIONS OFFICER WHENEVER AN EMPLOYEE'S CONDUCT FALLS INTO CLASS OF OFFENSE -- 11(d), 11(e), 11(g) OR 11(j), PRIOR TO TAKING DISCIPLINARY ACTION AGAINST THE EMPLOYEE. THIS IS TO ENSURE THAT THE CONDUCT FALLS UNDER THE PROVISIONS OF THE OFFENSE, AS WELL AS TO ENSURE THAT SUPERVISORS ARE AWARE OF REVISIONS TO THIS LIST.

Revisions Date

ATTACHMENT D

DEPARTMENT ORDER 508

CHART OF DISCIPLINARY SUSPENSIONS WITH/WITHOUT PAY

* The approving authority shall determine whether the employee continues working during suspension with pay.

ATTACHMENT E-1

DEPARTMENT ORDER 508

ADMINISTRATIVE LEAVE WITH PAY

(DATE)

Employee's Name and Address

Dear:

This letter is official notice that you have been placed on Administrative Leave With Pay pending the results of an investigation (or other reason if approved by the Director) in accordance with the Department of Administration Personnel Rule (Arizona Administrative Code [A.A.C.]) R2-5-409. Your leave will begin on (DATE) and continue until you are notified otherwise by your administrator. Your duty hours will be 8:00 a.m. until 5:00 p.m., Monday through Friday. You are authorized one hour for lunch.

While you are on Administrative Leave, you remain an employee of the State of Arizona and must continue to observe all rules and regulations regarding conduct of Department employees. You will continue to accrue all rights and benefits as an employee. Further, you must be available to provide information or services as required.

During your Administrative Leave, it is not necessary for you to physically report to work. However, you must telephone your administrator or his/her designated representative at the beginning of each work day (8:00 a.m.) to receive further instructions, if any. You must remain at your residence during the duty hours cited above, with the exception of the one hour allowed for lunch. During the lunch period, you are not restricted to your residence and therefore are not entitled to compensation for this period. If it becomes necessary for you to depart your residence for other than lunch, you must receive approval from your administrator or his/her designated representative.

If you have any questions regarding the content of this letter, please see me.

Sincerely,

Approving Authority

cc: Central Office Personnel File

Institutional/Bureau Personnel File

ADC Payroll Manager

_______________________________________ _________

Employee Acknowledgment of Receipt Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-2

DEPARTMENT ORDER 508

CHARGES OF MISCONDUCT NOTICE*

(Permanent Status)

(Date)

Employee's Name and Address SSN:

Dear:

This letter is official notice of charge(s) of misconduct in accordance with the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-803. The purpose of this letter is:

1. To provide you with notice of the allegation(s) set forth below. A dismissal is being considered based on these allegations. These allegations constitute cause for disciplinary action as outlined in Section 41-770, Arizona Revised Statutes and A.A.C. R2-5-501, Standards of Conduct.

2. To provide you with an opportunity to respond to the allegations and present facts which are pertinent to the allegations.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

In determining what discipline, if any, to impose, we will consider your past performance and any past disciplinary actions against you.

The specific charges and explanation of evidence are:

You are directed to submit a written response to each specific allegation and include appropriate documentation by (DATE and TIME). The response is to be delivered to the office of (NAME and TITLE) at (ADDRESS).

Sincerely,

Approving Authority

cc: Attorney General's Office, Civil Division

(Attn: Employment Law Unit)

ADC Employee Relations Officer

_______________________________________ _________

Employee Acknowledgment of Receipt Date

*IF CRIMINAL CHARGES ARE BEING PURSUED, CONTACT THE EMPLOYEE RELATIONS OFFICER FOR ALTERNATIVE LETTER FORMAT.

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-3

DEPARTMENT ORDER 508

CHARGES OF MISCONDUCT NOTICE*

(Abandonment of Position - Permanent Status)

(Date)

Employee's Name and Address SSN:

Dear:

This letter is official notice of charge(s) of misconduct in accordance with the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-803. The purpose of this letter is:

1. To provide you with notice of the allegation(s) set forth below. A dismissal is being considered based on these allegations. These allegations constitute cause for disciplinary action as outlined in Section 41-770, Arizona Revised Statutes and A.A.C. R2-5-501, Standards of Conduct.

2. To provide you with an opportunity to respond to the allegations and present facts which are pertinent to the allegations.

The specific charges and explanation of evidence are:

Since (DATE) you have failed to report for duty and were not given authorization to be absent. We deem this action as an abandonment of your position.

In determining what discipline, if any, to impose, we will consider your past performance and any past disciplinary actions against you.

You are directed to submit a written response to each specific allegation and include appropriate documentation by (DATE and TIME). The response is to be delivered to the office of (NAME and TITLE) at (ADDRESS).

Sincerely,

Approving Authority

cc: Attorney General's Office, Civil Division

(Attn: Employee Law Unit)

ADC Employee Relations Officer

_______________________________________ _________

Employee Acknowledgment of Receipt Date

*IF CRIMINAL CHARGES ARE BEING PURSUED, CONTACT THE EMPLOYEE RELATIONS OFFICER FOR ALTERNATIVE LETTER FORMAT.

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-4

DEPARTMENT ORDER 508

COUNSELING SESSION CONFIRMATION MEMORANDUM

DATE:

TO: Employee

FROM: Approving Authority

SUBJECT: Meeting on (Date)

At (TIME) on (DATE) the following personnel attended a meeting in my office for the purpose of explaining to you the need for corrective action in your daily work performance:

Mr. District Engineer - Administrator of the area

Mr. Supervisor - Employee's Supervisor

Mr. Impartial - An impartial observer

Mr. Employee - Affected employee

During the meeting, it was stated very clearly to you that your performance is of a substandard nature due to the following reasons:

1. Discourteous interruptions of meetings and conferences.

2. Wasted time by needless visits and discussions of private business.

3. Failure to accomplish work on time.

4. The evident display of an apparent lack of interest in your job.

5. Preparation of correspondence in a sloppy and unbusiness like manner.

6. Lack of attention to detail and lack of accuracy in the performance of regular daily tasks.

After discussion of these items, I informed you that your work would be closely monitored and, if the deficiencies noted are not corrected in a manner considered to be satisfactory by your most current performance evaluation, some form of disciplinary action will result (which could include dismissal).

Please note that this is the first formal meeting with you about this subject. However, an informal discussion outlining similar deficiencies took place in February of this year. I want to be certain that there is no doubt in your mind as to the purpose of the meetings, the deficiencies noted and the improvement expected of you.

_______________________________________ _________

Approving Authority Date

_______________________________________ _________

Employee Acknowledgment of Receipt Date

cc: Supervisor

Institutional/Bureau Personnel File

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-5

DEPARTMENT ORDER 508

DEMOTION LETTER

(Permanent Status Employee)

(DATE)

Employee's Name and Address SSN:

Job Classification

Dear:

This letter is official notice of your demotion from (TITLE and GRADE) to (TITLE and GRADE) effective (DATE).

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-802 for "cause" as outlined in Section 41-770, Arizona Revised Statutes, and A.A.C. R2-5-501, Standards of Conduct.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

The specific reasons for your demotion are:

1. On (DATE), you were given an assignment to conduct a physical inventory of medical supplies. The assignment was in line with the normal duties and responsibilities of your position. The results of your work in conducting the inventory contained many errors, which required the Department to conduct a second inventory.

2. You received an oral warning on (DATE) for the sloppy and incomplete manner in which you were performing your duties.

3. You received a written reprimand on (DATE) for an emotional outburst in which you claimed your work assignments were too difficult.

[INSERT THE FOLLOWING PARAGRAPH IF ANY PREVIOUS DISCIPLINE EXISTS, INCLUDING DISCIPLINE THAT MAY NOT BE DIRECTLY RELATED TO THE LATEST MISCONDUCT.] You have previously received disciplinary action for infractions, and were warned each time that continued violations would result in more severe disciplinary action. The previous disciplinary action consisted of:

1. On (DATE), you received (TYPE OF DISCIPLINE, I.E., WRITTEN REPRIMAND) for (MISCONDUCT, I.E., FAILING TO COMPLY WITH THE DEPARTMENT'S EMPLOYEE GROOMING AND DRESS STANDARDS.).

2. On (DATE), you received a (TYPE OF DISCIPLINE) for (MISCONDUCT).

The purpose of this demotion is to place you in a position which is more in line with your abilities and in which there are reasonable prospects that you can perform at an acceptable level.

ATTACHMENT E-5 (Continued)

DEPARTMENT ORDER 508

You have the right to appeal this action under A.R.S. 41-785 if you wish. Your appeal should be made in writing to the Arizona State Personnel Board, 1400 W. Washington, Suite 280, Phoenix, Arizona 85007. You must file your appeal within ten working days from the effective date of this action, and must state the facts, with specificity upon which your appeal is based, along with the action you request of the Personnel Board.

Sincerely,

Approving Authority

cc: Central Office Personnel File

ADC Payroll Manager

ADC Employee Relations Officer

Attorney General's Office, Civil Division

(Attn: Employment Law Unit)

Personnel Board

Institution/Bureau Personnel File

_______________________________________ _________

Employee Acknowledgment of Receipt Date

Note: A demotion letter must be issued to the employee prior to the effective date of the demotion.

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-6

DEPARTMENT ORDER 508

DISMISSAL LETTER

(Permanent Status Employee)

(DATE)

Employee's Name and Address SSN:

Job Classification

Dear:

This letter is official notice of your dismissal from the Department of Corrections, effective (DATE), at ( ) o'clock ( ).m.

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-803B, for "cause" as outlined in Section 41-770, Arizona Revised Statutes, and A.A.C. R2-5-501, Standards of Conduct.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

The specific reasons for your dismissal are:

1. On (DATE), on or about (TIME), you stated to your supervisor "(Mr./Ms. ), go to hell, I will not attend" or words to that effect when your supervisor asked you to attend a meeting. Even though you later attended the meeting, your actions were inappropriate and disruptive to good order.

2. On (DATE), on or about (TIME), you left your post at (GIVE SPECIFIC WORK AREA) before (STATE WHAT JOB ASSIGNMENT REMAINED TO BE DONE). You left your post without authority and without being properly relieved.

[INSERT THE FOLLOWING PARAGRAPH IF ANY PREVIOUS DISCIPLINE EXISTS, INCLUDING DISCIPLINE THAT MAY NOT BE DIRECTLY RELATED TO THE LATEST MISCONDUCT.] You have previously received disciplinary action for infractions, and were warned each time that continued violations would result in more severe disciplinary action. The previous disciplinary action consisted of:

1. On (DATE), you received (TYPE OF DISCIPLINE, I.E., WRITTEN REPRIMAND) for (MISCONDUCT, I.E., FAILING TO COMPLY WITH THE DEPARTMENT'S EMPLOYEE GROOMING AND DRESS STANDARDS).

2. On (DATE), you received a (TYPE OF DISCIPLINE) for (MISCONDUCT).

As indicated in paragraph one, your dismissal is effective (DATE), ten work days from the date of this letter. Please return all State property immediately.

Prior to the effective date of your dismissal, you have the right to request a meeting with the Director to review this action. To request a meeting with the Director, you must contact the Employee Relations Office at 542-3266 within three work days from receipt of this letter. This review process is separate from the State Personnel Board appeal process outlined below.

ATTACHMENT E-6 (Continued)

DEPARTMENT ORDER 508

You have the right to appeal this action under A.R.S. 41-785, if you wish. Your appeal should be made in writing to the Arizona State Personnel Board, 1400 West Washington, Suite 280, Phoenix, Arizona 85007. You must file your appeal within ten work days from the effective date of this action, and you must state facts, with specificity upon which your appeal is based, along with the action you request of the Personnel Board.

Sincerely,

Approving Authority

cc: Central Office Personnel File

ADC Payroll Manager

Civil Division, Attorney General's Office

(Attn: Employment Law Unit)

Personnel Board

Institution/Bureau Personnel File

ADC Employee Relations Officer

_______________________________________________

Employee Acknowledgment of Receipt Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-7

DEPARTMENT ORDER 508

DISMISSAL LETTER

(Permanent Status Employee on Promotional Probation)

(DATE)

Employee's Name and Address SSN:

Job Classification

Dear:

You are reverted to your permanent status position and you are terminated from your permanent status position.

This letter is official notice of your dismissal from the Department of Corrections effective (DATE), at ( ) o'clock ( ).m.

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-803B, for "cause" as outlined in Section 41-770, Arizona Revised Statutes, and A.A.C. R2-5-501, Standards of Conduct.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

The specific reasons for your dismissal are:

1. On (DATE), on or about (TIME), you stated to your supervisor "(Mr./Ms. ), go to hell, I will not attend" or words to that effect when your supervisor asked you to attend a meeting. Even though you later attended the meeting, your actions were inappropriate and disruptive to good order.

2. On (DATE), on or about (TIME), you left your post at (GIVE SPECIFIC WORK AREA) before (STATE WHAT JOB ASSIGNMENT REMAINED TO BE DONE). You left your post without authority and without being properly relieved.

[INSERT THE FOLLOWING PARAGRAPH IF ANY PREVIOUS DISCIPLINE EXISTS, INCLUDING DISCIPLINE THAT MAY NOT BE DIRECTLY RELATED TO THE LATEST MISCONDUCT.] You have previously received disciplinary action for infractions, and were warned each time that continued violations would result in more severe disciplinary action. The previous disciplinary action consisted of:

1. On (DATE), you received (TYPE OF DISCIPLINE, I.E., WRITTEN REPRIMAND) for (MISCONDUCT, I.E., FAILING TO COMPLY WITH THE DEPARTMENT'S EMPLOYEE GROOMING AND DRESS STANDARDS).

2. On (DATE), you received a (TYPE OF DISCIPLINE) for (MISCONDUCT).

ATTACHMENT E-7 (continued)

DEPARTMENT ORDER 508

As indicated in paragraph one, your dismissal is effective (DATE), ten work days from the date of this letter. Please return all State property immediately.

Prior to the effective date of your dismissal, you have the right to request a meeting with the Director to review this action. To request a meeting with the Director, you must contact the Employee Relations Office at 542-3266 within three work days from receipt of this letter. This review process is separate from the State Personnel Board appeal process outlined below.

You have the right to appeal this action under A.R.S. 41-785, if you wish. Your appeal should be made in writing to the Arizona State Personnel Board, 1400 West Washington, Suite 280, Phoenix, Arizona 85007. You must file your appeal within ten work days from the effective date of this action, and you must state facts, with specificity upon which your appeal is based, along with the action you request of the Personnel Board.

Sincerely,

Approving Authority

cc: Central Office Personnel File

ADC Payroll Manager

Civil Division, Attorney General's Office

(Attn: Employment Law Unit)

Personnel Board

Institution/Bureau Personnel File

ADC Employee Relations Officer

________________________________________________

Employee Acknowledgment of Receipt Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-8

DEPARTMENT ORDER 508

DISMISSAL LETTER

(TEMPORARY AND SEASONAL EMPLOYEES)

(DATE)

Employee's Name and Address SSN:

Dear:

This letter is official notice of your dismissal from the Department of Corrections effective (DATE) at ( ) o'clock ( ).m.

Please return all State property immediately.

Sincerely,

Approving Authority

cc: Central Office Personnel File

ADC Payroll Manager

ADC Employee Relations Officer

(any other internal files)

Institutional/Bureau Personnel File

_______________________________________________

Employee Acknowledgment of Receipt Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-9

DEPARTMENT ORDER 508

DISMISSAL LETTER

(Original Probationary Employee)

(DATE)

Employee's Name and Address SSN:

Job Classification

Dear:

This letter is official notice of your dismissal from the Department of Corrections.

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-213 C.3.b and R2-5-803 C.1. You are dismissed effective (DATE) at ( ) o'clock ( ).m.

Please return all State property immediately.

Sincerely,

Approving Authority

cc: Central Office Personnel File

ADC Payroll Manager

Institution/Bureau Personnel File

ADC Employee Relations Officer

_______________________________________________

Employee Acknowledgement of Receipt Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-10

DEPARTMENT ORDER 508

LETTER OF INSTRUCTION

DATE:

TO: Employee

FROM: Approving Authority

RE: Letter of Instruction

As a result of two recent incidents for which you received an official letter of reprimand, this Letter of Instruction is issued to better direct your work habits.

1. While on duty, you shall at all times utilize appropriate security measures when supervising offenders.

2. You are not to discuss your personal or business relationships with or in the presence of offenders.

3. You are not solicit or conduct personal business activities while on duty.

4. As a Correctional Officer you are directed to pay strict attention to and utilize the chain of command to pursue work related problems and seek any clarification of assigned duties.

You are expected to follow the specific directives set forth herein. Your failure to follow such directives shall result in the imposition of disciplinary measures that may include dismissal.

Should you have any questions relative the specific instructions set forth in this letter, you are directed to schedule an appointment with me.

cc: Institutional/Bureau Personnel File

__________________________________________ ______

Employee Acknowledgement of Receipt          Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-11

DEPARTMENT ORDER 508

REPRIMAND LETTER

(Covered Employees)

(DATE)

Employee's Name and Address

Dear:

This letter is an official reprimand for your actions on (DATE) . You are a Correctional Officer, Grade 14, at ASPC-Tucson's Rincon Unit. Your primary duties are to oversee, advise and supervise the minors housed there. Your responsibilities include the protection of these inmates from physical and mental harm.

The specific reason for this reprimand is:

On (DATE) on or about (TIME), you failed to properly intervene in a fight between two of the inmates. You also failed to properly document the activity for Department records.

Your actions constitute a violation of State/Department rules and Orders. Continued violation on your part will result in more severe disciplinary action, which could include dismissal from State Service.

A copy of this reprimand will be placed in your Personnel File. *

[INSERT THE FOLLOWING PARAGRAPH IF ANY PREVIOUS DISCIPLINE EXISTS, INCLUDING DISCIPLINE THAT MAY NOT BE DIRECTLY RELATED TO THE LATEST MISCONDUCT.] You have previously received disciplinary action for infractions, and were warned each time that continued violations would result in more severe disciplinary action. The previous disciplinary action consisted of:

1. On (DATE), you received (TYPE OF DISCIPLINE, I.E., WRITTEN REPRIMAND) for (MISCONDUCT, I.E., FAILING TO COMPLY WITH THE DEPARTMENT'S EMPLOYEE GROOMING AND DRESS STANDARDS).

2. On (DATE), you received a (TYPE OF DISCIPLINE) for (MISCONDUCT).

You may utilize the employee grievance procedure if you feel the reprimand is unjust. Grievances must be filed within ten working days after the effective date of the action being grieved. See the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-701 and R2-5-702, and Department Order #517, Employee Grievances.

Sincerely,

Approving Authority

cc: Central Office Personnel File

Institutional/Bureau Personnel File

_______________________________________      _________

Employee Acknowledgement of Receipt         Date

* Supervisors may specify in the Letter of Reprimand when it shall be removed from the Personnel File. Otherwise, it becomes a permanent record in the file unless removal is later requested by an approving authority.

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 03/21/97

ATTACHMENT E-12

DEPARTMENT ORDER 508

RESIGNATION IN LIEU OF DISMISSAL

DATE:

TO: (Supervisor)

FROM: (Resigning Employee)

SUBJECT: Resignation in Lieu of Dismissal

I hereby resign from my position of (POSITION TITLE) within the Arizona Department of Corrections. The effective date of this resignation is (DATE) at (TIME), at which time I will return all State property in my possession. I also waive all rights to reinstatement to State Service as set forth in the Department of Administration Personnel Rule (Arizona Administrative Code [A.A.C.]) R2-5-204.H.

In the event you need to contact me after this date, my address is .

I understand I will not be considered for a position within the Department of Corrections for a period of two years from the date of this resignation.

_______________________________________ _________

Employee Signature                                   Date

cc: ADC Personnel Services Bureau

     Institutional/Bureau Personnel File

(Entry by Supervisor: OK 1/15/96 at 4:30 p.m./Initials)

REV 01/17/97

ATTACHMENT E-13

DEPARTMENT ORDER 508

REVERSION FOR FAILURE TO COMPLETE PROMOTIONAL PROBATION

(DATE)

Employee's Name and Address                                     SSN:

Dear:

This letter is official notice of your reversion from (TITLE, GRADE) to (TITLE, GRADE), effective (DATE). Your new salary will be .

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-213.D.2. and R2-5-303.L.

In our judgement, you have failed to successfully complete your promotional probationary period and will be reverted to your former classification.

As an employee on promotional probation, you do not have the right to appeal this action.

Sincerely,

Approving Authority

cc: Central Office Personnel File

     ADC Employee Relations Officer

     Institutional/Bureau Personnel File

_______________________________________      _________

Employee Acknowledgment of Receipt           Date

NOTE: This action must be approved by the ADC Personnel Services Bureau, and accompanied by a complete Employee Appraisal (PACE).

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-14

DEPARTMENT ORDER 508

SUSPENSION WITHOUT PAY

(Generally for 8, 16, 24, 32 or 40 hours)

(Covered FLSA-Nonexempt Employees)

(DATE)

Employee's Name and Address                                     SSN:

Job Classification

Dear:

This letter is official notice of your suspension without pay from the Department of Corrections.

This period of suspension will begin at (TIME) on (DATE), and continue to (TIME) on (DATE). You are to report to work at (TIME) on (DATE), following the suspension. This suspension constitutes ( ) hours of Leave Without Pay.

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-801 for "cause" as outlined in A.R.S. 41-770, and A.A.C. R2-5-501, Standards of Conduct.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

The specific reasons for your suspension are: (EXAMPLES)

1. On (DATE), you failed to comply with Department Orders involving universal precautions to control exposure to bloodborne pathogens.

2. On (DATE), after receiving counseling, you subsequently failed to comply with the same Order.

3. On (DATE), you again failed to comply with the universal precautions.

[INSERT THE FOLLOWING PARAGRAPH IF ANY PREVIOUS DISCIPLINE EXISTS, INCLUDING DISCIPLINE THAT MAY NOT BE DIRECTLY RELATED TO THE LATEST MISCONDUCT.] You have previously received disciplinary action for infractions, and were warned each time that continued violations would result in more severe disciplinary action. The previous disciplinary action consisted of:

1. On (DATE), you received (TYPE OF DISCIPLINE, I.E., WRITTEN REPRIMAND) for (MISCONDUCT, I.E., FAILING TO COMPLY WITH THE DEPARTMENT'S EMPLOYEE GROOMING AND DRESS STANDARDS.)

2. On (DATE), you received a (TYPE OF DISCIPLINE) for (MISCONDUCT).

Your actions constitute a violation of State/Department rules and Orders. Continued violation will result in more severe disciplinary action, including dismissal from State Service.

ATTACHMENT E-14 (Continued)

DEPARTMENT ORDER 508

You may utilize the employee grievance procedure if you feel the suspension is unjust. Grievances must be filed within ten working days after the effective date of the action being grieved. See A.A.C. R2-5-701 and R2-5-702, and Department Order #517, Employee Grievances.

Sincerely,

Approving Authority

cc: Central Office Personnel File

     ADC Payroll Manager

    ADC Employee Relations Officer

    Institution/Work Unit Personnel File

_______________________________________     _________

Employee Acknowledgment of Receipt         Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-15

SUSPENSION WITHOUT PAY

(Generally for 8, 16, 24, 32 and up to but not including 40 hours)

(Uncovered FLSA-Nonexempt Employees)

(DATE)

Employee's Name and Address SSN:

Job Classification

Dear:

This letter is official notice of your suspension without pay from the Department of Corrections.

This period of suspension will begin at (TIME) on (DATE), and continue to (TIME) on (DATE). You are to report to work at (TIME) on (DATE), following the suspension. This suspension constitutes ( ) hours of Leave Without Pay.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

The specific reasons for your suspension are: (EXAMPLES)

1. On (DATE), you failed to report for work as scheduled, and you did not call and advise your supervisor that you would not be in to work.

2. On (DATE), after receiving counseling, you subsequently failed to report for work or call and speak to your supervisor.

3. On (DATE), you again failed to report for work as scheduled, and you did not call and speak to your supervisor as directed.

This action may not be grieved or appealed, but you may request that it be reviewed by the Director.

Sincerely,

Approving Authority

cc: Central Office Personnel File

ADC Payroll Manager

ADC Employee Relations Officer

Institution/Work Unit Personnel File

________________________________________________
Employee Acknowledgment of Receipt Date

FOR ASSISTANCE IN PREPARATION OF THIS LETTER, CONTACT EMPLOYEE RELATIONS OFFICE AT 542-3266

REV 09/05/00

ATTACHMENT E-16

DEPARTMENT ORDER 508

SUSPENSION WITH PAY

(Generally for 8, 16, 24, 32 or 40 hours - Working)

(Covered Excluded FLSA-Exempt Employees)

(Covered FLSA-Exempt Employees)

(DATE)

Employee's Name and Address                                         SSN:

Job Classification

Dear:

This letter is official notice of your suspension with pay from the Department of Corrections.

The period of suspension will begin at (TIME) on (DATE), and continue to (TIME) on (DATE). This suspension constitutes ( ) hours of leave with pay. You are directed to continue to report to work as assigned during this suspension.

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-801 for "cause" as outlined in A.R.S. 41-770, and A.A.C. R2-5-501, Standards of Conduct.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

The specific reasons for your suspension are: (EXAMPLES)

1. On (DATE), you failed to comply with Department Orders involving universal precautions to control exposure to bloodborne pathogens.

2. On (DATE), after receiving counseling, you subsequently failed to comply with the same Order.

3. On (DATE), you again failed to comply with the universal precautions.

[INSERT THE FOLLOWING PARAGRAPH IF ANY PREVIOUS DISCIPLINE EXISTS, INCLUDING DISCIPLINE THAT MAY NOT BE DIRECTLY RELATED TO THE LATEST MISCONDUCT.] You have previously received disciplinary action for infractions, and were warned each time that continued violations would result in more severe disciplinary action. The previous disciplinary action consisted of:

1. On (DATE), you received (TYPE OF DISCIPLINE, I.E., WRITTEN REPRIMAND) for (MISCONDUCT, I.E., FAILING TO COMPLY WITH THE DEPARTMENT'S EMPLOYEE GROOMING AND DRESS STANDARDS.)

2. On (DATE), you received a (TYPE OF DISCIPLINE) for (MISCONDUCT).

Your actions constitute a violation of State/Department rules and Written Instructions. Continued violations will result in more severe disciplinary action, including dismissal from State Service.

ATTACHMENT E-16 (Continued)

DEPARTMENT ORDER 508

You may utilize the employee grievance procedure if you feel the suspension is unjust. Grievances must be filed within ten working days after the effective date of the action being grieved. See A.A.C. R2-5-701 and R2-5-702, and Department Order #517, Employee Grievances.

Sincerely,

Approving Authority

cc: Central Office Personnel File

     ADC Payroll Manager

     ADC Employee Relations Officer

      Institution/Work Unit Personnel File

______________________________________   _________

Employee Acknowledgment of Receipt       Date

FOR ASSISTANCE IN THE PREPARATION OF THIS LETTER, CONTACT THE EMPLOYEE RELATIONS OFFICE AT 542-3266.

REV 01/17/97

ATTACHMENT E-17

DEPARTMENT ORDER 508

SUSPENSION WITH PAY

(Generally for 8, 16, 24, 32 or 40 hours - Not Working)

(Covered Excluded FLSA-Exempt Employees)

(Covered FLSA-Exempt Employees)

(DATE)

Employee's Name and Address                                 SSN:

Job Classification

Dear:

This letter is official notice of your suspension with pay from the Department of Corrections.

The period of suspension will begin at (TIME) on (DATE), and continue to (TIME) on (DATE). This suspension constitutes ( ) hours of leave with pay.

This action is taken under the authority of the Department of Administration Personnel Rules (Arizona Administrative Code [A.A.C.]) R2-5-801 for "cause" as outlined in A.R.S. 41-770, and A.A.C. R2-5-501, Standards of Conduct.

[INSERT A "JOB-RELATEDNESS" PARAGRAPH, I.E., A BRIEF EXPLANATION OF THE IMPORTANT RELATIONSHIP OF THE EMPLOYEE'S JOB DUTIES TO THE ACTUAL OR POTENTIAL RESULTS OF THE MISCONDUCT.]

The specific reasons for your suspension are: (Examples)

1. On (DATE), you failed to comply with Department Orders involving universal precautions to control exposure to bloodborne pathogens.

2. On (DATE), after receiving counseling, you subsequently failed to comply with the same Order.

3. On (DATE), you again failed to comply with the universal precautions.

[INSERT THE FOLLOWING PARAGRAPH IF ANY PREVIOUS DISCIPLINE EXISTS, INCLUDING DISCIPLINE THAT MAY NOT BE DIRECTLY RELATED TO THE LATEST MISCONDUCT.] You have previously received disciplinary action for infractions, and were warned each time that continued violations would result in more severe disciplinary action. The previous disciplinary action consisted of: