[HISTORY: Comes from Res. No. 753-1964 adopted 4-14-1964.]
[1]
Editor's Note: A preliminary statement in Resolution No. 753-1964, by which this disciplinary hearing procedure was adopted, states that it is for the administration of the removal of, and disciplinary action against, employees of the Town of Hempstead in the noncompetitive and labor classes of the classified service.
For the purposes of this chapter, unless otherwise expressly provided herein, the following words or phrases shall have the meaning given herein. The word "shall" is always to be construed in the mandatory sense and not merely in a directory sense.
NONCOMPETITIVE CLASS OF THE CLASSIFIED CIVIL SERVICE
Includes all employees and positions not included in the exempt or the labor classes, for which positions the Nassau County Civil Service Commission has not found or does not find it to be practicable to determine the merit and fitness of applicants by competitive examinations, such positions being specifically named in Appendix B of the Rules of the Nassau County Civil Service Commission as amended.
LABOR CLASS OF THE CLASSIFIED CIVIL SERVICE
Includes unskilled labors and all positions listed in Appendix D of the Rules of the Nassau County Civil Service Commission as amended.
PERSONNEL OFFICE
Is the personnel division in the office of the Supervisor, or such other division, office or department as may hereafter be established or designated by the Town Board for the purpose of handling matters relating to personnel.
A. 
Each original appointment or employment hereafter made in the noncompetitive or labor classes shall be for a probationary period of six months, pursuant to the provisions of Rule XIX of the Rules of the Nassau County Civil Service Commission.
B. 
The written report on the probationer's services required under said Rule XIX, Section 8, shall be made on forms to be supplied by the personnel office, shall be filed in the office of the Town Clerk and the personnel office and shall thereupon be submitted to the Town Board for appropriate action in the form either of permanent appointment or termination of appointment.
A. 
No person who shall have attained the status of a permanent employee in the noncompetitive or labor classes pursuant to the provisions of § 37-2 of this resolution and Rule XIX of the Rules of the Nassau County Civil Service Commission shall be removed from his position or employment or otherwise subjected to any disciplinary penalty except in compliance with the provisions of Section 75 of the Civil Service Law of the State of New York and Rule XXVI of the Rules of the Nassau County Civil Service Commission.
B. 
For the purpose of holding the hearings prescribed by said Section 75, the Town Board has heretofore established a Disciplinary Hearing Board, which shall perform such function.[1]
[1]
Editor's Note: Resolution No. 385-1960, adopted 3-29-1960, created a Disciplinary Hearing Board of three members. Resolution No. 2259-1966, adopted 9-27-1966, increased the membership of the Board to five members and provided that the attendance of three of the members should constitute a quorum at any disciplinary hearing.