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.
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.
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.
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.
[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.
(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.