As soon as practicable after an employe is formally
charged with criminal conduct other than a felony and not related to his
employment with the Commonwealth, the head of the agency which employs the
person or his designee, shall conduct an inquiry and make a preliminary
determination as to whether or not the employe should continue to perform his
duties pending the outcome of the investigation and final determination under
§
§
7.175 and
7.176 (relating to investigation;
and final determination).
(1)
Purpose. The purpose of the preliminary determination is to
allow the agency to minimize the effect which the accusation of the commission
of a crime by one of its employes may have upon the agency's ability to
function pending an investigation and final determination by the appointed
authority or his designee as to the existence of sufficient reason for
disciplinary action against the employe.
(2)
Making the preliminary
determination. In making a preliminary determination, the agency head
or his designee shall select one of the three following alternatives and
implement it as regards the employe:
(i)
Allow the employe to continue to perform duties pending the outcome of the
investigation and final determination.
(ii) Reassign the employe to other, less
sensitive duties within the agency pending the outcome of the investigation and
final determination.
(iii) Suspend
the employe without pay pending the outcome of the investigation and final
determination.
(3)
Factors to be considered in making the preliminary
determination. In making the preliminary determination, the agency
head shall consider, among other factors, the following:
(i) The employe's explanation, if
available.
(ii) The extent to which
allowing the employe to continue in his position would be detrimental to the
physical well-being of the employe, his fellow workers or other
persons.
(iii) The nature of the
employe's duties, including the amount of discretion exercised as part of those
duties.
(iv) The nature, weight,
basis and source of the accusations against him.
(v) The relationship of the accusations to
the employe's duties.
(vi) The
extent to which the employe deals directly with the public.
(vii) The extent to which the accusations of
wrongdoing may affect the public's trust and confidence in the employe, the
agency and State government.
(viii)
An undue hardship to the employe which would result from his temporary
reassignment.
(4)
Contact with law enforcement agency. In considering the
nature, weight, and source of the accusations against an employe, the agency
shall contact the law enforcement agency involved in the accusations against
the employe to verify the charge and to obtain available information as to the
charges against the employe.
(5)
Employe status. After the preliminary determination is made,
employes shall remain in the status selected pending the outcome of the
investigation and final determination under §
§
7.175 and
7.176. This status shall be
temporary, pending the outcome of the investigation by the agency, and may in
no way bear upon the agency head's final determination.
