Except as otherwise provided, town employees, except the Town Clerk/Treasurer, Chief of Police, Town Marshal, Attorney, Municipal Judge and department heads appointed by the Mayor, shall be afforded the following treatment before being removed from employment for incompetency, neglect of duty or otherwise for cause.
(A) The charges supporting removal shall be specified by the Mayor in a written notice which, together with a copy of this subchapter, shall be delivered personally or be mailed to the employee at his or her last known address.
(B) Within five days of the date the aforementioned notice is sent or delivered, the employee may demand a hearing upon the charges by delivering a written demand to the Town Clerk/Treasurer at the Town Hall.
(C) In the event of a demand for a hearing, as provided, a hearing shall be scheduled by the Mayor, or his or her representative, with not less than five days’ notice to the employee. The notice shall be in writing and shall include the date, time and place of the hearing, and shall state that the purpose of the hearing is to determine whether there are reasonable grounds to believe that the charges against the employee are true and support the dismissal action.
(D) If the Mayor, or his or her representative, determines from the hearing that there are reasonable grounds to believe that the charges against the employee are true, then and in that event the employee may be removed from employment; however, if it is determined from the hearing that there are no reasonable grounds to believe that the charges against the employee are true, then the employee shall not be removed from employment.
(Ord. 228, passed 11-13-1990)