[Adopted 8-2-2005 by Ord. No. 05-14]
In the event an employee is either terminated
or is suspended for a period of 30 days or more, the employee can
request a post-disciplinary hearing before the governing body, provided
that:
A.
The employee submits a written request to the Borough
Clerk within 10 calendar days from the date the employee is notified
of the governing body's decision to approve either of the above forms
of discipline;
B.
At the time the employee submits their written request
for a hearing, the employee also notifies the governing body, in writing,
as to whether he/she shall be represented by an attorney;
C.
No other means of review or redress, such as a hearing
process, is available to the employee such as a collective bargaining
agreement, contract or law, including but not limited to tenure removal
procedures.
Failure to file a timely request for a hearing
which complies with the above will be construed as a waiver by the
employee of the opportunity to be heard or to present their case before
the governing body.
The post-termination hearing will be an opportunity
for the employee to make a presentation to the governing body in order
to convince its members to overturn the disciplinary action. It is
the employee's opportunity to be heard and to present any evidence
(reasons, information, witnesses, etc.) which the employee believes
supports his/her position in the matter within reason. If the employee
is successful, the governing body may reinstate the employee and impose
no discipline or impose some lesser sanction.
Any formal action to overturn the discipline
imposed will take place during the public session of the meeting.
At that time, the governing body will only take action by way of a
motion and vote in the event it decides to change the discipline already
imposed upon the employee. If there is no motion and majority vote
in favor of overturning or changing the discipline, then the previous
disciplinary action remains in effect.
No post-disciplinary hearing will be provided
for disciplinary action less than termination or suspensions of 30
or more days.
