[HISTORY: Adopted by the Board of Selectmen of the Town of Madison as indicated in article histories. Amendments noted where applicable.]
Recall of elected official — See Ch. 120.
The Madison Board of Selectmen hereby declares that any citizen having a complaint against an elected Town official where they desire some form of action by the Board of Selectmen shall be required to file a written, signed complaint with the Town Manager before the Board considers acting upon said complaint.
Any member of the public who wishes to file a formal grievance against a member of the Town workforce may do so in writing to the Town Manager within 60 days. The Town Manager shall notify, in writing, all persons involved as to the time, place and date of a hearing to be held on this matter, and that the hearing may be opened to the public upon request of the employee. At least three days' notice shall be given to allow for the parties to prepare for the hearing. Informal rules of order shall apply which shall be fair to the parties involved. The Town Manager or his or her designee shall conduct the hearing and shall render final findings of facts and a decision within seven days in writing, a copy of which shall be sent to all parties involved. All personnel hearings shall be closed to the public unless otherwise requested by the Town employee. The Town employee and the party bringing the complaint shall be notified in writing of their right to be represented by legal counsel.
The Town Manager shall have the right to sit as the hearing officer even though he or she may have had knowledge of the facts or could be considered a witness for either party. The Town Manager may remove himself or herself from the hearing officer's position and delegate either all or part of his or her authority provided under this policy or state law to another party. The decision of the hearing officer shall be final with respect to Town administrative remedies, except in cases involving department heads.
In cases involving department head personnel, the department head or the complainant shall have the right to appeal the hearing officer's decision to the Board of Selectmen. In reviewing the decision, the Board shall see to it that all due process rights were followed by the hearing officer and may at its discretion hold a new hearing. The Board of Selectmen, in cases where a new hearing is ordered, shall follow the same notice provisions as required of the original hearing officer. The findings of the Board and its decision shall be required to comply with the same provisions as required of the original hearing officer. The decision of the Board of Selectmen shall be final and shall be the end of all administrative remedies.
In cases involving a grievance against the Town Manager, the procedures outlined in 30-A M.R.S.A. § 2633 shall be followed.