Town of Johnston, RI Article VI Separation and Dismissal

§ 47-32 Policy and procedure.

A. The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension, or permanently separated by resignation or dismissal. Such action shall be subject to the right of the employee to appeal in accordance with the provisions of Sec. 16-10 of the Town Charter.

B. Whenever there is lack of work or lack of funds requiring reductions in the number of employees in a department of the Town government, the required reduction shall be made in such job class or classes as the department head may designate; provided, that employees shall be laid off in the inverse order of their relative length and quality of service, as determined by rules governing the evaluation of service. Within each affected job class, all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employees.

§ 47-33 Dismissal or demotion of permanent employees.

A permanent employee may be dismissed or demoted whenever, in the judgment of the department head or the appointing authority, the employee's work or conduct so warrants. The department head or appointing authority shall notify the employee in writing of his action and shall file with the Personnel Board a copy of such notification containing a detailed statement of the reasons of dismissal or demotion. The employee, then, in accordance with the provisions of Sec. 16-10 of the Town Charter, may appeal such action of the department head or appointing authority to the Town Council.

§ 47-34 Disciplinary action.

When in the judgment of a department head an employee's work performance or conduct justifies disciplinary action short of dismissal, the employee may be suspended without pay. A suspended employee may request a hearing in accordance with Sec. 16-10 of the Town Charter.

§ 47-35 Procedure for resignations.

An employee wishing to resign his position of employment with the Town shall submit his resignation, in writing, to the head of the department in which said employee is employed, and said resignation shall contain the reasons for termination of employment of service. The department head shall forthwith forward a certified copy of such resignation to the Personnel Board.

§ 47-36 Reinstatement under certain conditions.

An employee who resigns with adequate reason, as explained in his notification of resignation, may be reinstated to any position in the same class if there is need of his service within two years after the date of resignation.

§ 47-37 Discipline and discharge of board or commission members appointed by Town Council or Mayor.

[Added 4-9-2007 by Ord. No. 2007-3]

A. A Council or mayoral appointee may be disciplined, up to and including discharge from service or appointment, for any of the following reasons:

(1) Failure to meet prescribed standards of work, morality and ethics to an extent that makes an officer or appointee unsuitable for the duty prescribed.

(2) Theft, falsification, alteration, or destruction of Town property or Town records.

(3) Incompetence, inefficiency, negligence or malicious conduct in the performance of duties.

(4) Unethical conduct, insubordination, malfeasance, or misfeasance.

(5) Conviction or charge of any criminal offense.

(6) Disgraceful, outrageous, or offensive personal conduct.

(7) Performance of intentional acts of misconduct during any proceeding.

(8) Excessive absences.

(9) Acceptance or promise of any consideration or future consideration which was given or promised with the expectation of influencing the board member or appointee or with the expectation of having the board member or appointee influence other members of a board or commission in the performance of their duties.

(10) Obstructing, delaying or hindering any investigation, legal process or other procedure.

(11) Use of an official position for personal or financial advantage, or use of an official position to gain personal or financial advantage for the appointee's or board member's firm, corporation, partnership, entity, association, business associate or other party with whom the appointee or board member has or has engaged in a business relationship.

(12) Lack of candor or veracity.

(13) Intentional or negligent creation of litigation or liability for the Town or disregard in causing or creating litigation or legal liability for the Town.

(14) Participating, accepting compensation or rendering services, whether directly, indirectly or through the board member's firm, partnership, corporation or association, for a party, firm or legal entity which did appear or may appear before the board or committee. Board members and Commissioners shall be prohibited from counseling or representing any party before the board or commission on which they sit or serve.

(15) Abuse of procedure or failure to comply with any order, decree, decision, stipulation, remand issued by any applicable legal authority or counsel having jurisdiction over the board or committee, including but not limited to any court, appointed counsel, or other party or body having jurisdiction over said matters or said board or committee.

B. The type, nature and extent of such discipline shall be within the sole discretion of the Town Council or Mayor, including but not limited to oral or written reprimands or suspension with or without stipend or discharge. The Town Council or the Mayor may elect any of the foregoing remedies.

C. Notice.

(1) The Town Council, by vote by a majority of its members, or the Mayor may impose such discipline upon any appointee or board member, up to and including discharge from service from the board or the appointment, for any of the above reasons, provided that he or she shall first have been served with a written notice of the intention of the Town Council or Mayor to impose such discipline.

(2) This notice shall contain the reasons for the discipline and will fix a time and place, not less than seven calendar days after the service of such notice, at which time he or she will be given an opportunity to be heard in his or her defense. The hearing shall be public at the option of the person who is the subject of the hearing, and he or she may be represented by counsel. From the time of the notice, the board member or appointee may continue as a member of the board or commission or be suspended with or without pay and benefits, if any, at the discretion of the majority of the Town Council or the Mayor. If the board member or appointee fails to respond to the advance notice, the proposed action of the Town Council shall be effective on the date specified with no need for further action. Otherwise, the Town Council or the Mayor shall carefully consider the reply of the appointee before making a final decision. The Town Council or the Mayor shall promptly transmit to the board member or appointee a written notice of its decision. The decision of the Town Council or Mayor shall be final.

D. It is the policy of the Town not to reappoint former appointees who have been dismissed or who resigned while charges are pending under this section.

E. The Mayor shall have the authority to remove or discipline mayoral appointments. The Town Council shall have the authority to remove or discipline appointments that are made by the Town Council.