[HISTORY: Adopted by the Town Council of the Town of Mansfield 10-25-1993, effective 11-22-1993. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Personnel Appeals Board Ordinance."
Pursuant to the Charter of the Town of Mansfield and in accordance with § 7-422 of the Connecticut General Statutes, a Personnel Appeals Board is hereby established. The purpose of this Board is to hear and decide any grievance of any employee of the Town of Mansfield which has not been resolved by the Town Manager (or which has not been resolved at lower levels of the grievance procedure established in the town's Personnel Rules) and which is properly filed in accordance with the Board's rules of procedure.
As used in this chapter, the following words or phrases shall have the meanings ascribed to them in this section:
- Any person defined as a classified employee under § C602 of the Charter of the Town of Mansfield who is not represented for the purposes of collective bargaining by an employee organization under the provision of the Municipal Employee Relations Act.
- An employee claim that his or her discharge or suspension was arbitrary or capricious or constituted discrimination which was prohibited by law; that he or she has been discriminated against in violation of law; or that there has been a misinterpretation or misapplication of the town's Personnel Rules as approved and adopted by the Town Council.
The Personnel Appeals Board shall consist of five (5) members, no more than three (3) of whom shall be of the same political party, two (2) of whom shall be appointed by the Town Manager and three (3) of whom shall be appointed by the Town Council. The current three-member Board shall be expanded to five (5) by the appointment by the Town Manager of one (1) member for a term to expire one (1) year after the last termination date on the current Board and by the Town Council of one (1) member for a term to expire one (1) year thereafter. As the terms of the current Board members expire, each shall be refilled by appointments, by the appropriate appointing authority, to a five-year term. Any vacancy shall be filled for the unexpired portion of the term by the original appointing authority for such position.
A member of the Board shall be an elector of the Town of Mansfield but shall not be a salaried employee of the Town of Mansfield during his or her tenure on the Board.
The Board shall elect its own Chairperson and Secretary. The Board shall establish its own rules of procedure which, after prior review by the Town Attorney, shall first be established within six (6) months of the date that this chapter becomes effective. The need to ensure any aggrieved employee a prompt and fair hearing and an opportunity to be heard in person or by a representative of his or her choosing shall be considered in the formulation and adoption of the Board's rules of procedure. These rules shall be filed in the office of the Town Clerk and be readily available to the public through the Town Clerk's office. Meetings shall be held at the call of the Chairperson and any other time the Board deems it necessary. Three (3) members shall constitute a quorum.
Nothing in this chapter shall abrogate the right of municipal employees to bargain collectively.
The decision of the Board may be appealed to the Superior Court of the Judicial District of Tolland within ninety (90) calendar days from the date the Board renders its decision.