75-2949e. Dismissal, demotion or suspension of permanent employees in classified service; evaluation requirement, exceptions; counseling. (a) Grounds for dismissal, demotion or suspension of a permanent employee for deficiencies in work performance include, but are not limited to, the following:
(1) Inefficiency or incompetency in the performance of duties, or inability to perform the duties;
(2) negligence in the performance of duties;
(3) careless, negligent or improper use of state property;
(4) failure to maintain satisfactory and harmonious relationships with the public and fellow employees;
(5) habitual or flagrantly improper use of leave privileges;
(6) a habitual pattern of failure to report for duty at the assigned time and place or to remain on duty; and
(7) failure to obtain or maintain a current license or certificate or other authorization required to practice a trade, conduct a business or practice a profession.
(b) Unless the appointing authority determines that the good of the service will best be served by proceeding directly to the procedure prescribed in K.S.A. 75-2949 and amendments thereto, the appointing authority may propose dismissal, demotion or suspension of a permanent employee for deficiencies in work performance only after the employee has received two performance evaluations in the 180 calendar days immediately preceding the effective date of the proposed dismissal, demotion or suspension. These performance evaluations shall be spaced at least 30 calendar days apart.
(c) If the appointing authority proposes to dismiss, demote or suspend a permanent employee for deficiencies in work performance without the two evaluations described by subsection (b) and if the employee appeals the action to the state civil service board, the board shall require the appointing authority to show that the employee was adequately counseled concerning the nature of the deficiencies in work performance and concerning what was expected of the employee in correcting the deficiencies.
(d) The provisions of subsections (b) and (c) shall not apply to demotions, suspensions or dismissals for the reasons described in subsection (a)(7).
History: L. 1981, ch. 334, § 4; L. 1985, ch. 277, § 2; May 16.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
75-2929c Same; transfer of powers, duties and functions; preservation of orders.
75-2929d State civil service board; hearing of appeals; witnesses; production of papers.
75-2929g Same; rules and regulations adopted by secretary of administration.
75-2929h Same; appeals from orders of board.
75-2935 Classified and unclassified services.
75-2935a Classified exempt service abolished; disposition of positions.
75-2935b Unclassified service; approval of compensation; exceptions.
75-2935c Same; salary plan, physicians at aging and disability services institutions.
75-2938b Wage and salary surveys; confidentiality.
75-2940 Powers of director; exclusion of disqualified candidates; appeal.
75-2941 Discrimination forbidden.
75-2945 Filling positions without using certified pool of eligible candidates, when.
75-2946 Appointment to classified position for probationary period.
75-2947 Transfers; leaves of absence; reinstatements.
75-2948 Layoff procedures; notice to director and affected employees; reemployment preference, when.
75-2949f Same; personal conduct detrimental to state service.
75-2950 Reports of actions affecting employment and compensation.
75-2952 Officers and employees shall comply with law.
75-2954 Local officers to furnish aid and space for examination.
75-2957 Penalties for violations.
75-2958 Conviction of misdemeanor.
75-2959 Severability of provisions.
75-2971 Trainee or training positions; procedures; regulations.