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Article 05. ENFORCEMENT; REMEDIES
Sec. 39.52.410. Violations; penalties for misconduct.
(a) If the personnel board determines that a public employee has violated this chapter, it
(1) shall order the employee to stop engaging in any official action related to the
violation;
(2) may order divestiture, establishment of a blind trust, restitution, or forfeiture; and
(3) may recommend that the employee’s agency take disciplinary action, including
dismissal.
(b) If the personnel board determines that a nonsalaried member of a board or
commission has violated this chapter, it (1) shall order the member to refrain from voting,
deliberating, or participating in the matter; (2) may order restitution; and (3) may recommend to
the appropriate appointing authority that the member be removed from the board or commission.
A violation of this chapter is grounds for removal of a board or commission member for cause.
If the personnel board recommends that a board or commission member be removed from office,
the appointing authority shall immediately act to remove the member from office.
(c) If the personnel board determines that a former public officer has violated this
chapter, it shall
(1) issue a public statement of its findings, conclusions, and recommendation; and
(2) request the attorney general to exercise all legal and equitable remedies available to
the state to seek whatever relief is appropriate.
(d) If the personnel board finds a violation of this chapter by a public officer removable
from office only by impeachment, it shall file a report with the president of the Senate, with its
finding. The report must contain a statement of the facts alleged to constitute the violation.
Sec. 39.52.420. Disciplinary action for violation.
(a) In addition to any other cause an agency may have to discipline a public employee, an
agency may reprimand, demote, suspend, discharge, or otherwise subject an employee to agency
disciplinary action commensurate with the violations of this chapter. This section does not
prohibit the review of a disciplinary action in the manner prescribed by an applicable collective
bargaining agreement or personnel statute or rule.