§ 3.30.074. Status upon completion of probation; separation during probationary period.

A.

Regular appointment. Regular appointment to a position in the classified service shall be made only upon satisfactory completion of the probationary period. It shall be the responsibility of the agency head to provide the director a statement, in writing, to the effect that the services of each employee appointed for a probationary period have or have not been performed satisfactorily during such a period and that the employee is or is not recommended to be retained in the services. Unless action is taken by the agency head to separate or demote the employee or to request extension of the probationary period prior to the end of the probationary period, the appointment shall become permanent on the first working day following completion of the probationary period.

B.

Extension of probationary period. The probationary period of an employee may be extended for a period of time not to exceed three months at the option of the agency head and with prior approval of the director. Notice of such extension and the reasons for it shall be given in writing to the employee, with a copy to the director, prior to the end of the established probationary period. Such an extension does not, however, change the merit anniversary date after the probationary period is finally passed.

C.

Separation during probationary period.

1.

If, at any time during the probationary period, the agency head in the exercise of his sole judgment and discretion determines that the services of a new or rehired employee have been unsatisfactory, the employee may be separated from his position without right of hearing or appeal. Written notice of such dismissal shall be given to the employee prior to taking action.

2.

When the agency head, in the exercise of his sole judgment and discretion, determines that an employee serving a probationary period following promotion is not performing satisfactorily, the employee shall be so informed in writing with a copy to the director. The employee may be separated from the higher level position without right of hearing or appeal. Consideration will be given to demoting the employee to a position in his previous class, or in any other available position for which the employee is qualified, or, lacking an open position, the employee's name will be entered on the appropriate layoff list.

3.

When the agency head, in the exercise of his sole judgment and discretion, determines that an employee serving a probationary period following demotion is not performing satisfactorily, the employee shall be so informed in writing with a copy to the director. Separation from that position may occur without right of hearing or appeal. Consideration will be given to placing the employee in an appropriate position for which he is qualified, or, lacking an open position, the employee's name will be entered on the layoff list for the class of position in which he last successfully completed a probationary period.

4.

When the agency head, in the exercise of his sole judgment and discretion, determines that an employee serving a probationary period following a disciplinary demotion is not performing satisfactorily, the employee shall be so informed in writing with a copy to the director. Separation may occur without right of hearing or appeal. The employee will have no entitlement to placement considerations.

5.

When the agency head, in the exercise of his sole judgment and discretion, determines that an employee serving a probationary period following a transfer is not performing satisfactorily, the employee shall be so informed in writing with a copy to the director. Separation from that position may occur without right of hearing or appeal. Consideration will be given to placing the employee in an appropriate position for which he is qualified, or, lacking an open position, the employee's name will be entered on the layoff list for the class of position in which he last successfully completed a probationary period.

6.

Failure to complete a probationary period following transfer, promotion or demotion between a bargaining unit position and a nonrepresented position subject to this chapter shall not entitle an individual with or without status to placement in another nonrepresented position for which that individual is qualified. When the agency head, in the exercise of his sole judgment and discretion, determines that an employee serving such a probationary period is not performing satisfactorily, the employee may be separated from that position without right of hearing or appeal. The individual may make application for other positions for which he is qualified.

(AO No. 79-195; AO No. 94-117, § 16, 7-26-94)