Policies and Procedures
Classified employees appointed to temporary positions may be dismissed at any time.
Classified employees appointed to benefits-eligible positions who are probationary because of a new appointment may be dismissed at any time prior to the end of the probation period.
Classified employees appointed to benefits-eligible positions who have permanent status may be disciplined for deficiencies in work performance and personal conduct detrimental to state service. The disciplinary process may include dismissal, suspension or demotion.
An employee may generally not be disciplined for deficiencies in work performance until he or she has received two (2) performance evaluations in the 180 calendar days immediately preceding the effective date of the proposed action. The performance evaluations shall be spaced at least 30 calendar days apart. Action may be taken without the performance evaluations if the appointing authority determines that the good of the service will be best served by immediate action.
Disciplinary Action Procedure (K.A.R. 1-10-6 through 1-10-9)
If dismissal, demotion, or suspension has been recommended by a supervisor and approved by the appointing authority, the employee will receive written notice either by certified mail or personal delivery. The notice will indicate the effective date for the proposed disciplinary action. The employee may be relieved of duties with or without pay during this time.
Prior to the effective date of the proposed disciplinary action, the employee may appear in person or in writing before the appointing authority. If the employee appears in person, he or she may be represented by a person of their choice.
Following the employee's response to the opportunity to reply to the proposed action, or upon expiration of the time for such reply, if no reply is made, the appointing authority shall notify the employee in writing of the final decision on the proposed action. The notice will be personally delivered or sent by certified mail.
If the employee is dismissed, demoted or suspended, he or she may request a hearing from the State Civil Service Board to determine the reasonableness of such action. To request a hearing, the employee must send a written request to:
Director of Personnel Services
Room 951-South, Landon State Office Building
Topeka, Kansas 66612-1251
The employee must send the request within 30 calendar days after the effective date of the action. The Board shall grant a hearing within 45 calendar days after receipt of such request.
If disciplinary action is proposed by a supervisor but the appointing authority needs time to investigate, the employee may be relieved of his or her duties or the duties may be changed for a limited time. The employee will be in pay status during this time.
Dismissal, Suspension or Demotion - Deficiencies in work performance (K.S.A. 75-2949e)
Grounds for dismissal, demotion, or suspension of a permanent classified employee for deficiencies in work performance include, but are not limited to, the following:
- Inefficiency or incompetency in the performance of duties, or inability to perform the duties;
- negligence in the performance of duties;
- careless, negligent, or improper use of state property;
- failure to maintain satisfactory and harmonious relationships with the public and fellow employees;
- habitual or flagrantly improper use of leave privileges;
- a habitual pattern of failure to report for duty at the assigned time and place or to remain on duty; and
- 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.
Dismissal, Demotion or Suspension - Personal conduct detrimental to state service (K.S.A. 75-2949f)
Grounds for dismissal, demotion, or suspension of a permanent classified employee for personal conduct detrimental to the state service include, but are not limited to the following:
- Gross misconduct or conduct grossly unbecoming a state officer or employee;
- conviction of a criminal act;
- immoral conduct;
- willful abuse or misappropriation of state funds, materials, property, or equipment;
- making a false statement of material fact in the employee's application for employment or position description;
- participation in any action that would in any way seriously disrupt or disturb the normal operation of the agency, institution, department, or any other segment of state government;
- trespassing on the property of any state official or employee for the purpose of harassing or forcing dialogue or discussion from the occupants or owners of such property;
- willful damage to or destruction of state property;
- willful endangerment of the lives or property of others, or both;
- possession of unauthorized firearms or other lethal weapons while on the job;
- performing duties in a brutal manner, or mistreating, neglecting or abusing a patient or resident or other person in the employee's care;
- refusal to accept a reasonable and proper assignment from an authorized supervisor (insubordination);
- being under the influence of alcohol or drugs while on the job;
- knowingly releasing confidential information from official records;
- use of the employee's state position, use of the employee's time on the state job, or use of state property or facilities by the employee in connection with a political campaign;
- exhibiting other personal conduct detrimental to state service which could cause undue disruption of work or endanger the safety of persons or property of others, as may be determined by the Appointing Authority;
- gross carelessness or gross negligence;
- grossly improper use of state property; and
- sexual harassment arising out of or in connection with employment.