Pursuant to Section 804 of the Charter, there
is hereby established a merit personnel system which shall govern
the recruitment, hiring, promotion, suspension and discharge of municipal
employees and which shall also provide for and regulate other rights,
terms and conditions of municipal employment.
All municipal appointments and promotions shall
be made without regard to sex, race, religion or political affiliation
and shall be based on merit and fitness.
The following positions shall be exempt from
the provisions of the merit system:
B. Employees appointed by the Mayor with the advice and
consent of the Council, including the Solicitor, the Municipal Administrator,
and members of boards, commissions and authorities.
D. Temporary employees, including those hired through
state/federal programs.
The Mayor shall be responsible for the overall
administration of the merit system, and the Administrator shall be
responsible for its day-to-day operation.
[Added 8-22-1988]
A file of all employee records shall be maintained
by the Administrator with input from the department heads, and open
access shall be provided to the Mayor, Administrator and department
heads. Employees shall be granted access to their employment records
during regular business hours and upon presenting a written request
for access to the Administrator.
[Added 8-3-1992 by Ord. No. 1992-12]
A. Purpose.
(1) The purpose of this Board shall be to review all disciplinary
actions brought forth against an officer by the Chief of Police or,
in his absence, the Assistant Chief of Police or Sergeant in Charge.
(2) All disciplinary actions taken by the disciplinary
authority shall be made in accordance with Ord. No. 1991-16 and all applicable policy and procedure of the Kingston
Municipal Police Department.
B. Appeals.
(1) When imposing a discipline upon an officer, the disciplinary
authority shall notify the officer of the charges against him in writing.
The officer shall choose to accept such discipline or he may choose,
within twenty-four (24) hours from receipt of notification thereof,
to have his alleged infraction of procedure and subsequent discipline
adjudicated before the Departmental Review Board.
(2) The Chief of Police, Assistant Chief or Sergeant in
Charge may suspend an officer immediately should he report for duty
unfit or in an intoxicated manner. Nothing, however, shall preclude
the officer's right to an appeal from an immediate suspension. Upon
receipt of notice from the officer, the disciplinary authority shall
immediately notify the Municipal Administrator, as Director of Personnel,
to so notify the Departmental Review Board to convene a hearing on
the matter of the officer's protest. The Departmental Review Board
shall then convene a hearing within seven (7) days from receipt of
notification by the Municipal Administrator.
(3) Notification to all parties shall be performed by
United States postal mail, return receipt requested.
C. Members of the Board.
(1) The Departmental Review Board shall be comprised of
three (3) individuals, all of whom must be twenty-one (21) years of
age and residents of the municipality.
(2) Appointment to the Review Board shall be performed
by the Mayor in accordance with his powers under the Home Rule Charter.
Term of each appointment shall be for a three-year period.
(3) In nominating members for consideration by the Mayor,
the following shall prevail:
(a)
One (1) member shall be selected by the Administration.
(b)
One (1) member shall be selected by the Kingston
Municipal Police Officer's Association.
(c)
One (1) member shall be selected by the members
of Town Council.
D. Powers and duties.
(1) The powers and duties of the Departmental Review Board
shall be limited to the review of the infraction of departmental policy
and the imposition of discipline in accordance with the provisions
of Ord. No. 1991-16 and Article
IX of this chapter.
(2) In making its review, the Review Board shall have
the power to subpoena the documents and records and to call witnesses.
(3) The Departmental Review Board may modify, suspend,
or affirm any action relative to discipline as administered by the
Chief of Police, the Assistant Chief of Police or Sergeant in Charge
(the disciplinary authority).
E. All decisions of the Departmental Review Board shall
be in written form and shall be submitted to all parties, including
the Mayor and Municipal Administrator, within twenty-four (24) hours
from final adjudication.
F. Nothing herein ordained shall prevent, circumvent
or be deemed to alter any of the grievance procedures contained within
the collective bargaining agreement between the Kingston Municipal
Police Officer's Association and the municipality.