As used in this subchapter, the following definitions apply:
(1) "Agency" has the same meaning as defined in 2-18-101 (1) , MCA.
(2) "Discharge" means termination of employment for just cause.
(3) "Disciplinary demotion" means a change in the duties of an employee's position or transfer to a lesser position which may result in a reduction in pay.
(4) "Due process" means an employee:
(a) is informed of the action being taken and the reason for the action; and
(b) has the opportunity to respond.
(5) "Employee" means an employee in a permanent position who has attained permanent status as defined in 2-18-101 , MCA. It does not include employees hired as temporary employees, short-term workers, student interns, and employees who have not attained permanent status as those terms are defined in 2-18-101 , MCA. It does not include officers and employees identified in 2-18-103 and 2-18-104 , MCA.
(6) "Formal disciplinary action" means, but is not limited to, a written warning, suspension without pay, disciplinary demotion, or discharge.
(7) "Informal disciplinary action" means corrective actions taken to improve unsatisfactory employee behavior, conduct, or performance. It may include, but is not limited to, coaching, counseling meetings, oral warnings, and training.
(8) "Just cause" means reasonable, job-related grounds for taking a disciplinary action based on failure to satisfactorily perform job duties, or disruption of agency operations. Just cause may include, but is not limited to: an actual violation of an established agency standard, procedure, legitimate order, policy, or labor agreement; failure to meet applicable professional standards; criminal misconduct; wrongful discrimination; deliberate misconduct; negligence; deliberately providing false information on an employment application; willful damage to public or private property; workplace violence or intimidation; harassment; unprofessional or inappropriate behavior; or a series of lesser violations.
(9) "Management" means those individuals beginning with an employee's immediate supervisor and other managers in a successive direct line of authority within an agency.
(10) "Progressive discipline" means a process of applying disciplinary actions which may progress from less serious actions to more serious actions.
(11) "Suspension without pay" means a management-ordered leave-without-pay for just cause.
(12) "Written warning" means a written disciplinary notice intended to notify an employee of unsatisfactory performance or conduct.
History: 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 1984 MAR p. 958, Eff. 6/29/84; AMD, 2006 MAR p. 2565, Eff. 10/27/06.