(A) Any matter shall be heard either before the Town Council or, upon consent of a majority of the Town Council, by a three-member panel designated by the Town Council, or by a special master, not a member of the Town Council, appointed by the Town Council. The Town Council, panel, or special master shall designate the time and place of the hearing. If there is a panel, members of the panel shall select a president by majority vote. The Magistrate shall be given at least 20-days’ notice of time and place of the hearing. Either the Town Manager/Clerk or counsel employed by the Town Council, or both, as determined by it, shall present the matter at the hearing. At the hearing, such evidence shall be received and oral evidence will be taken on oath or affirmation. The Town Mayor, special master, or chairperson of the panel, or any member designated by him or her, may issue subpoenas to compel the attendance of witnesses and production of records, documents, or other tangible things designated therein, as may be required. No matter shall proceed under this subchapter without prior direction by the Town Council upon reasonable cause.
(B) The Magistrate shall have the right to defend against the charges, to be represented by counsel, to examine and cross-examine witnesses and to require the issuance of subpoenas for the attendance of witnesses or for the production of any evidentiary matter.
(C) The proceedings at all formal hearings shall be fully recorded manually or by a recording device. When the hearing is before a three-member panel or a special master, the record shall be transcribed upon request and the original and one copy thereof shall be filed with the Town Manager/Clerk. Cost of transcribing shall be paid by the requesting party.
(D) (1) Order of hearing shall be:
(a) First, the party presenting the matter shall produce evidence;
(b) Second, the Magistrate shall present evidence;
(c) Third, the party presenting the matter shall offer rebuttal; and
(d) Fourth, each side shall, if desired, make brief concluding argument.
(2) Burden of proof shall be on the party presenting the matter and shall be proven by a preponderance of the evidence.
(E) Upon showing of an egregious act(s) that the Council finds as constituting immediate threat to public safety or order, the Council may suspend the Magistrate at the time of such finding and request the presiding judge of the Superior Court in the county appoint an interim presiding judge until conclusion of the matter or until a new Town Magistrate is appointed in accordance with §§ 34.01 through 34.06. Any suspension shall be with pay.
(Ord. 2003-03, passed 2-28-2002)