§ 7.174. Required action when an employe is formally charged with criminal conduct other than a felony and not related to his employment with the Commonwealth.
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.
Source The provisions of this § 7.174 amended by Executive Order No. 1980-18, dated and effective May 16, 1984, 14 Pa.B. 2036. Immediately preceding text appears at serial pages (55493) to (55495).
Cross References This section cited in 4 Pa. Code § 7.171 (relating to procedures); 4 Pa. Code § 7.175 (relating to investigation); and 4 Pa. Code § 39.12 (relating to criminal cases).
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