No. 30056: R477-11. Discipline

DAR File No.: 30056
Filed: 06/09/2007, 11:07
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 67-19-18 requires that the Department of Human Resource Management (DHRM) write rules governing disciplinary processes.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Human resource staff in the Department of Health (DOH) requested that employees covered by the Fair Labor Standards Act (FLSA) not be subject to suspensions shorter than one week. Human Resource staff in the Department of Human Services (DHS) requested that language in the discipline rules make it clear that these rules are not applicable to noncareer service employees regardless of the reason. DHRM agreed and made appropriate amendments. The Utah Public Employees' Association (UPEA) requested that provision be placed in rule requiring progressive discipline where appropriate. UPEA also requested that management be required to consider certain factors in all cases before imposing discipline. This was not adopted. Human resource staff in the Department of Natural Resources (DNR) requested that language be added that allows discipline when an employee shows disrespect to management.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule fulfills DHRM's responsibility to write rules governing the disciplinary process, Subsection 67-19-18(2). This is an important and technical part of the due process protections afforded to employees by the career service system. Failure to set statewide standards leaves the state open to serious liability. Therefore, this rule should be continued. The DOH request for rules allowing suspensions shorter than one week was not adopted. This is inconsistent with how FLSA exempt employees are treated in other parts of the rules. DHRM did not adopt the UPEA recommendation for progressive discipline. The principles of discipline, including progressive discipline, are well established in case law and are based on the merits of each case. This is best left to the grievance and appeals system and not addressed in DHRM rule. The UPEA request that management consider certain factors in all disciplinary situations was not adopted. There are situations where the severity of an infraction is so severe that management is justified in moving directly to discipline. Neither code nor case law requires this step. The DNR recommendation for discipline of a disrespectful employee was not adopted for two reasons; first, there is no legal provision that requires that an employee show respect; and second, this requirement is almost impossible to define for legal purposes.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director