Section 600.646  Demotion

a)         Definition:

1)         Demotion is the assignment of an employee to a position in a classification having a lower maximum permissible salary than the former classification, made for reasons of inability to perform the work of the position from which the demotion was made.

2)         A Director may initiate demotion of an employee by submitting a written statement of reasons for demotion containing sufficient facts to show good cause for the demotion.  No demotion shall become effective without the prior approval of the Auditor General.

b)         Notice to Employee:  If the statement of reasons for demotion of a certified employee is approved by the Auditor General, a copy of the approved statement of reasons for demotion shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

c)         Employee Obligations:  Upon receipt of the approved statement of reasons for demotion or upon the effective date of demotion, whichever is later, the employee shall leave the position in which assigned prior to receipt of the notice of demotion and report for work to the position to which demoted.  An employee's report for work to the position to which demoted shall be without waiving any right to appeal under subsection (e), below.

d)         Salary and Other Benefits of Employee:  Upon receipt by the employee of the approved statement of reasons for demotion, or on the effective date thereof, whichever is later, all salaries and benefits of the employee in the position in which assigned prior to receipt of the statement of reasons shall be adjusted to reflect the demotion.

e)         Appeal by Certified Employee:  An employee who is certified in the position from which he or she is demoted may appeal the demotion to the Grievance Review Committee in accordance with the procedures established in Section 600.670 of this Part.

f)         Demotion of Other Employees:  The Auditor General may approve the demotion of probationary employees and certified employees from positions in which they are serving a probationary period.  Notice of demotion shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.  The demotion of employees who are not certified in their positions is not appealable.

g)         Status of Demoted Employees:  A demoted employee shall serve a probationary period in the position to which demoted unless the employee previously held certified status in that classification, in which case the demotion shall be to certified status in the demoted classification.

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)