Sec.5-240-6a. Non-disciplinary demotion

(a) An appointing authority may demote an employee as an alternative to the employee being laid off or at the request of an employee.

(b) Before a decision is made to demote an employee as an alternative to the employee being laid off, the appointing authority shall follow the prediscipline procedures, as set forth in these regulations.

(c) Following a decision to demote an employee as an alternative to the employee being laid off, the appointing authority shall follow the post discipline procedures, as set forth in these regulations.

(d) A demotion as an alternative to an employee being laid off is not and shall not be construed in any manner that would characterize such a demotion as a disciplinary measure, notwithstanding the use of the prediscipline and post discipline procedures.

(e) Before an appointing authority demotes an employee at the request of the employee, the employee shall provide the appointing authority with a letter specifically requesting the demotion. When a demotion is requested by an employee, the prediscipline or post discipline procedures set forth in these regulations shall not be used.

(f) Any employee demoted under this section shall be paid the salary which he would have been receiving had he been serving in the lower instead of in the higher position.

(g) The appointing authority shall immediately report a demotion under this section to the Commissioner of Administrative Services by sending a copy of the notice given the employee.

(Effective May 5, 1988)