Education should take appropriate corrective action against the employee for misusing state resources.
Initially, Education asserted that the recommendation no longer applied as prior to issuance of the public report, the employee left Education to work for another state agency. However, we disagreed with this assertion and asked Education to place a letter of reprimand in the employee's official personnel file describing the employee's misuse of state resources while he was an Education employee.
In May 2013, Education reported to us that it asked the employee's new employer whether it would agree to place some form of disciplinary notice in the employee's personnel file. In July 2013, Education reported that the employee's new employer denied its request to insert a disciplinary notice into the employee's personnel file. As Education made a reasonable effort to take some action against the employee but was prevented in completing the action due to the new employer, no further action is needed.
Education reported that the employee resigned in November 2012, and that the recommendation no longer is applicable. However, Education had at least one month after we notified it of the activity in October 2012 to pursue corrective action, and could still take action to ensure that employee's misconduct is noted in the employee's official personnel file. (See 2013-406, p. 279)