[HISTORY: Adopted by the Town Board of the Town of Oneonta
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2011 by L.L. No. 2-2011]
The purpose of this article is to establish the procedure for
the removal and other disciplinary action of appointed officers, officials
and employees of the Town of Oneonta, exclusive of hourly employees.
The title of this article is "A Local Law to Establish the Procedure
for Removal and Other Disciplinary Action of Officers, Officials and
Employees of the Town of Oneonta."
An appointed official or employee shall hereinafter be referred
to as "employee."
A.Â
The process for removal is commenced when the employee receives written
notice from the Town of Oneonta Town Board. The notice will inform
the employee that the employee may be subject to disciplinary action,
including a fine, suspension, or removal. The notice shall set forth
the specific charges against the employee, including specific examples
of the conduct which warranted the action. Said notice shall inform
the employee of the employee's right to representation throughout
the process. The notice shall inform the employee that a disciplinary
hearing will be held, and shall state the time and place of the disciplinary
hearing. The notice shall inform the employee that the employee has
the right to answer the charges in writing, and that said answer is
to be delivered to the Town Hall at least eight days from the date
of service of the notice if personally served, or 13 days from the
date of service if the notice is served by mail.
B.Â
The disciplinary hearing will occur no less than nine days from the
date of service of the notice on the employee, if the employee is
personally served, or no less than 14 days from the date of service
if service on the employee is completed by mail.
C.Â
A disciplinary hearing will be held at the time and place specified in the notice described in § 62A-4A (above). The disciplinary hearing shall be held by the officer or body having the power to appoint the employee to the employee's position, or by a deputy or other person designated by such officer or body in writing for that purpose. If a deputy or other person is so designated, the deputy or other person shall, for the purpose of such hearing, be vested with all the powers of such officer or body and shall make a record of such hearing which shall, with the deputy or other person's recommendation, be referred to such officer or body for review and decision. Should the employee so request, the employee shall be permitted to be represented by counsel, or by a representative of a recognized or certified employee organization. The employee shall be allowed to summon witnesses. Compliance with technical rules of evidence shall not be required.
D.Â
If the charge or charges against the employee constitute incompetency
or misconduct, pending the hearing and determination of the charge
or charges, the employee against whom such charges have been preferred
may be suspended without pay for a period not exceeding 30 days. If
such employee is found guilty of the charges, the penalty or punishment
may consist of a reprimand, a fine not to exceed $100 for each offense
(each date constituting a separate and distinct offense) to be deducted
from the salary or wages of such officer or employee, suspension without
pay for a period not exceeding two months, demotion in grade and title,
or dismissal from the appointed position; provided, however, that
the time during which an officer or employee is suspended without
pay may be considered as part of the penalty. If the employee is acquitted,
the employee shall be restored to the employee's position with
full pay for the period of suspension less the amount of any unemployment
insurance benefits the employee may have received during such period.
If such employee is found guilty, a copy of the charges, the employee's
written answer thereto, a transcript of the hearing, and the determination
shall be filed in the office of the department or agency in which
he has been employed, and a copy thereof shall be filed with the civil
service commission having jurisdiction over such position, if applicable.
A copy of the transcript of the hearing shall, upon request of the
employee affected, be furnished to the employee at a reasonable charge.
E.Â
Notwithstanding any other provision of law, no removal or disciplinary
proceeding shall be commenced more than 18 months after the occurrence
of the alleged incompetency or misconduct complained of and described
in the charges; provided, however, that such limitations shall not
apply where the incompetency or misconduct complained of and described
in the charges would, if proved in a court of appropriate jurisdiction,
constitute a crime.
The employee shall have the right to counsel at every stage in the procedure established by § 62A-4 (above).
The procedure established by this article is not to apply to
the removal and other disciplinary action of employees serving at
the "pleasure of" the Town of Oneonta.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This article shall take effect immediately upon its passage
by the Town Board of the Town of Oneonta and its filing with the Secretary
of State.
