(A) No police officer, including the Village Marshal, shall be disciplined, suspended, demoted, removed, or discharged except upon written notice stating the reasons for such disciplinary action, suspension, demotion, removal, or discharge. Such notice shall also contain a statement informing the police officer of his, her, or their right to a hearing before the Board of Trustees.
(B) Any police officer so disciplined, suspended, demoted, removed, or discharged may, within ten days after being notified of such disciplinary action, suspension, demotion, removal, or discharge, file with the Village Clerk a written demand for a hearing before the Board of Trustees. The Board of Trustees shall set the matter for hearing not less than ten nor more than 20 days after the filing of the written demand for a hearing. The Board of Trustees shall give the police officer written notice of the hearing not less than seven nor more than 14 days prior to the hearing.
(C) At the hearing, the police officer shall have the right to:
(1) Respond in person to the charges and to present witnesses and documentary evidence;
(2) Confront and cross-examine available adverse witnesses; and
(3) To be represented by counsel.
(D) Not later than 30 days following the adjournment of the meeting at which the hearing was held, the Board of Trustees shall vote to uphold, reverse, or modify the disciplinary action, suspension, demotion, removal, or discharge. The failure of the Board of Trustees to act within 30 days or the failure of a majority of the elected Board members to vote to reverse or modify the disciplinary action, suspension, demotion, removal, or discharge shall be construed as a vote to uphold the disciplinary action, suspension, demotion, removal, or discharge. The decision of the Board of Trustees shall be based upon its determination that, under the facts and evidence presented at the hearing, the challenged disciplinary action, suspension, demotion, removal, or discharge was necessary for the proper management and the effective operation of the Police Department in the performance of its duties under the state statutes.
(E) Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.
(F) If the initial decision to discipline, suspend, demote, remove, or discharge a police officer is made by the Chairperson of the Board of Trustees, the Chairperson shall not be considered a member of the Board of Trustees for purposes of the appeal from his, her, or their decision.
(Prior Code, § 3-404) (Ord. 475, passed 8-7-1995; Ord. 500, passed 2-7-1996)
Statutory reference:
Related provisions, see Neb. RS 17-208