[Adopted 4-25-1979]
These procedures shall cover all nonelected
employees of the town.
No compliant shall be processed unless reduced
to writing and signed by a person or persons having knowledge of the
facts, either directly or based on other written or signed statements.
Such compliant must set forth time, dates and places with reasonable
accuracy.
Within five business days after receipt, a copy
of the complaint shall be furnished to the employee(s) complained
of and to the proper department head.
If the Town Board deems the complaint to be
relatively minor, it shall instruct the proper department head to
dispose of the matter informally.
If the Town Board deems the complaint to be
relatively major, it will, through its attorney, prepare formal charges
and present the same to the employee(s) complained of within 30 days
of receipt of the original complaint. Such formal charges may expand
the allegations set forth in the original complaint if the attorney
for the town interviews for the complainant(s) and thereby determines
that additional items should be set forth in the charges.
A.
Within 20 days after receiving formal charges the
employee(s) complained of may submit a written answer. Failure to
do so will be deemed an admission of such charges, and the Town Board
may take such appropriate disciplinary action as the law shall provide.
B.
As to allegations in the formal charges which are
denied, the Town Board shall appoint a hearing officer, who shall
conduct a formal hearing at a time acceptable to the charged employee(s)
and the attorney for the town. The hearing officer shall take testimony
and forward to the Town Board his or her findings and recommendations.
The Town Board shall have the final decision as to disciplinary action,
if any.
C.
Notwithstanding any of the above provisions, at any
time after receipt of a complaint and before formal hearing, the employee(s)
complained of may request an informal meeting with the Town Board
with a view to settlement of a possible dispute without a formal hearing.
For similar reasons, the Town Board may invite the complainant to
appear before it. If an agreement satisfactory to the parties can
be reached, further proceeding will cease.
D.
All parties shall be entitled to the aid of counsel
at any or all stages of the above proceedings.
On matters referred to a department head, the
only penalty shall be admonition.
The attention of all parties is called to the
provisions of §§ 150 and 155 of the Town Law, § 891
of the Unconsolidated Laws and § 75 of the Civil Service
Law, which, as amended, shall control if in conflict with any provision
hereof.
Nothing contained herein shall prevent the Town
Board from turning over information to the District Attorney for possible
criminal charges.
Nothing contained herein shall prevent a department
head from discussing oral complaints with an employee.
