[HISTORY: Adopted by the Town Board of the Town of Eden as indicated in article histories. Amendments noted where applicable.]
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.
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.
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.
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.
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.
[Adopted 5-11-2016 by L.L. No. 2-2016]
This article is adopted pursuant to Municipal Home Rule Law § 10[l][ii][a] that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the State Legislature amended Public Officers Law § 3 adding a new Subdivision (24), expanding the residency requirements for any appointed public office in the Town of Greenburgh, Westchester County, thereby rendering Public Officers Law a special law with respect to any appointed Town officer [See N.Y. Op. Atty. Gen. (Inf.) No. 91-37].
This article shall supersede Town Law § 23(1) in its application to the offices of Code Enforcement Officer and Assistant Code Enforcement Officer for the Town of Eden.
The person holding the office of Code Enforcement Officer or Assistant Code Enforcement Officer in the Town of Eden need not be a resident nor an elector of the Town of Eden; provided, however, that such person shall reside in the county in which such Town is located or an adjoining county within the State of New York.