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4 Pa. Code § 99.32. Demotions to a different class.

§ 99.32. Demotions to a different class.

 An appointing authority may demote an employee who requests the demotion or who does not satisfactorily perform the duties of the position to which appointed or promoted, to a position in any class in the classified service in which the employee previously had the status of a regular employee, or to any position for which the employee is qualified.


   The provisions of this §  99.32 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151. Immediately preceding text appears at serial page (86311).

Notes of Decisions

   This section restricts involuntary demotion to unsatisfactory performance by the employe. It cannot be used to excuse an employer’s error with respect to a promotion. West v. Department of Public Welfare, 614 A.2d 357 (Pa. Cmwlth. 1993).

   In asserting that a demotion was not supported by advance notice or a showing of unsatisfactory job performance within the meaning of 4 Pa. Code §  99.32, a public employe must follow the definition of demotion found at 71 P. S. §  741.3(r) which defines demotion to mean ‘‘a change [in status] to a position in a class carrying a lower maximum salary.’’ Carr v. Department of Public Welfare, 456 A.2d 240 (Pa. Cmwlth. 1983).

Cross References

   This section cited in 4 Pa. Code §  99.34 (relating to effect of demotion on status).

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