For purposes of administering this personnel
policy:
A.
Where authorized or directed by the Town Board, applicable
department heads may issue supplemental directives, subject to filing
said directives with the offices of the Supervisor and Town Clerk
within 24 hours of issuance.
B.
Violations of this policy shall be reported within
24 hours to the offices of the Supervisor and Town Clerk and shall
be subject to appropriate disciplinary action under applicable provisions
of labor relations contracts, Civil Service Law (§ 75) and/or
the Code of Ethics of the Town of Greenville.[1]
C.
Questions regarding this policy should be directed
to the Town Supervisor's office.
When an employee has violated Town policies
or regulations, appropriate disciplinary action may be administered
in accordance with the applicable collective bargaining agreement
or, for nonunion employees, Civil Service Law (§ 75).
A.
Civil Service Law, § 75. Section 75 of the
Civil Service Law states that eligible civil service employees may
not be removed or otherwise subjected to disciplinary action except
for incompetence or misconduct shown after a hearing upon stated charges.
B.
Eligibility criteria for § 75 protection.
The following employees are covered under § 75:
(1)
A person holding a position by permanent appointment
in the competitive class of the classified civil service; or
(2)
A person holding a position by permanent appointment
or employment in the classified service who was honorably discharged
or released under honorable circumstances from the armed forces of
the United States after having served therein as such member in time
of war, as defined in § 85 or the Civil Service Law, or
who is an exempt volunteer freighter, as defined in the General Municipal
Law, except when a person described in this subsection holds the position
of private secretary, cashier or deputy of any official or department;
or
(3)
An employee holding a position in the noncompetitive
class other than a position designated in the municipal rules as confidential
or requiring the performance of functions influencing policy, who
since his/her last entry into service completed at least five years
of continuous service in the noncompetitive class in a position or
positions not so designated in the rules as confidential or requiring
the performance of functions influencing policy.
C.
Procedures.
(1)
Any employee who is subject to disciplinary action
has the right to representation and shall be given a written advanced
notice by the department head of that right. If the employee requests
representation, the department head shall allow the employee a reasonable
period of time to obtain such representation. If the employee is unable
to obtain such representation within a reasonable period of time,
the department head has the right to then question the employee.
(2)
The department head must give the employee a copy
of the charges. These charges must state the reason for the disciplinary
action.
(3)
The employee shall be allowed eight days to respond
in writing to the charges.
(4)
The hearing shall be held by the Town Board. The Town
Board may, in writing, designate an individual or body to conduct
the hearing in its place. Such designated individual or body shall
be vested with all of the powers of a hearing officer and shall make
a record of the hearing. This record, together with recommendations,
shall be forwarded to the Town Board for its review and decision.
(5)
The employee is entitled to representation by either
counsel or other such representative at the hearing.
(6)
The burden of proving incompetence or misconduct shall
be upon the person alleging the same.
D.
Suspension without pay pending determination of charges.
Pending the hearing, the employee may be suspended pursuant to law
without pay for a period not to exceed 30 days.
E.
Penalties.
(1)
If the employee is found to be guilty of the charges,
the penalty may consist of one of the following:
(2)
If the employee is found to be 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 in which he/she is employed and a copy filed with the Orange
County Civil Service Commission.
(3)
If the employee is found to be not guilty, he/she
shall be restored to his/her position with full pay for the period
of suspension, less the amount of any unemployment insurance benefits
that he/she may have received during such period.
(4)
Notwithstanding any other provision of law, no removal
or disciplinary proceeding shall be commenced more than 18 months
after the occurrence of the alleged incompetence or misconduct complained
of and described in the charges; provided, however, that such limitation
shall not apply where the incompetence or misconduct complained of
and described in the charges would, if proved in a court of appropriate
jurisdiction, constitute a crime.
