The regular elections of those County officers who are elected
to their positions shall be held in conjunction with Town elections
except to the extent State law requires they be held in conjunction
with biennial State elections. Nothing in this Charter, except as
may be provided generally for county governments by the General Laws,
shall grant any power to remove or dismiss any elected County official.
(a)Â
No member who performs the function of County Commissioner shall individually or collectively seek to influence the executive branch to dismiss any person from or to appoint or to promote any person to any position in the executive branch of County government, except that the five members may, by a resolution of disapproval adopted by a majority vote of those present and voting, prevent the dismissal or suspension or other discipline of County officials and employees as set forth in Section 4.2(b).
(b)Â
Nantucket County, by legislative ordinance, may adopt an employee
personnel grievance procedure providing for progressive discipline
and a hearing on dismissals, suspensions or other discipline. Unless
and until so adopted, the procedures set forth as follows shall apply:
(i)Â
Suspensions, dismissals and other discipline will take effect
immediately upon personal service of notice setting forth the order
of suspension, dismissal or other discipline. However, if within seven
days of such service the officer or employee in writing requests a
public hearing on his dismissal, suspension, or discipline, the action
taken shall be deemed to be a temporary suspension with pay until
the individual to be suspended, disciplined or dismissed is given
a public hearing before the five members who perform the functions
of County Commissioners.
(ii)Â
If, within thirty-five days of receiving such written request,
the five members shall pass a resolution of disapproval by a majority
vote of those present and voting, all proceedings, and any suspension,
discipline or dismissal of the individual, shall be voided, and for
purposes of pay, seniority and civil service standing, the action
shall be deemed never to have transpired. If no resolution of disapproval
is passed, the suspension, discipline or dismissal shall take final
effect.
The County shall indemnify and hold harmless all County officers,
elected or appointed, from personal financial loss and expense including
reasonable legal fees and costs, if any, to the same extent as municipal
officials of the Town of Nantucket are indemnified and held harmless
by the Town of Nantucket pursuant to Chapter 258, Section 13 of the
General Laws. More particularly, the County shall indemnify and hold
harmless all such County officers from personal financial loss and
expense including reasonable legal fees and costs, if any, in an amount
not to exceed one million dollars, arising out of any claim, demand,
suit or judgment by reason of any act or omission, except for an intentional
violation of the civil rights of any person, if the official at the
time of such act or omission was acting within the scope of his official
duties or employment.
