§ 126-35. Just cause; disciplinary actions for State employees. - North Carolina Statutes

§ 126‑35.  Just cause;disciplinary actions for State employees.

(a)        No career Stateemployee subject to the State Personnel Act shall be discharged, suspended, ordemoted for disciplinary reasons, except for just cause. In cases of suchdisciplinary action, the employee shall, before the action is taken, befurnished with a statement in writing setting forth in numerical order thespecific acts or omissions that are the reasons for the disciplinary action andthe employee's appeal rights. The employee shall be permitted 15 days from thedate the statement is delivered to appeal to the head of the department.However, an employee may be suspended without warning for causes relating topersonal conduct detrimental to State service, pending the giving of writtenreasons, in order to avoid undue disruption of work or to protect the safety ofpersons or property or for other serious reasons. The employee, if he is notsatisfied with the final decision of the head of the department, or if he isunable, within a reasonable period of time, to obtain a final decision by thehead of the department, may appeal to the State Personnel Commission. Suchappeal shall be filed not later than 30 days after receipt of notice of thedepartment head's decision. The State Personnel Commission may adopt, subjectto the approval of the Governor, rules that define just cause.

(b)        Notwithstanding anyother provision of this Chapter, a reduction in pay or position which is notimposed for disciplinary reasons shall not be considered a disciplinary actionwithin the meaning of this Article. Disciplinary actions, for the purpose ofthis Article, are those actions taken in accordance with the disciplinaryprocedures adopted by the State Personnel Commission and specifically based onunsatisfactory job performance, unacceptable personal conduct or a combinationof the two.

(c)        For the purposes ofcontested case hearings under Chapter 150B, an involuntary separation (such asa separation due to a reduction in force) shall be treated in the same fashionas if it were a disciplinary action.

(d)        In contested casesconducted pursuant to Chapter 150B of the General Statutes, the burden ofshowing that a career State employee subject to the State Personnel Act wasdischarged, suspended, or demoted for just cause rests with the department oragency employer. (1975, c. 667, s. 10; 1989 (Reg. Sess., 1990), c.1025, s. 2; 1991, c. 65, s. 7; c. 354, s. 5; c. 722, s. 1; 2000‑190, s.13.)