(A) Removal. The Chief of Police and police officers may be discharged or removed from office only by the affirmative vote of the Town Council, present and voting, at any regular or special meeting of said town, with or without cause, as the Town Council may deem appropriate, but consistent with the manual adopted pursuant to § 35.06. The manual shall be construed to give the Chief of Police or any police officer neither a property interest in and to his or her job, nor to create an expectation of future or continued employment by the town.
(B) Actions for cause by the Town Council.
(1) Consistent with the at-will status of all of the town’s police officers, including the Chief of Police, cause is not required for the Council to terminate the employment of the Chief or paid police officer, or the voluntary services of a volunteer police officer. Moreover, the Council may promote, demote, lay-off, change the assignment or shift of, or refuse to hire any officer, with or without cause; however, the Town Council retains discretion to discipline an officer for cause, which shall include, but shall not be limited to, the following:
(a) Illegal, unethical, abusive or unsafe acts;
(b) Violation of any rules, regulations, policies or procedures of the town or the Police Department;
(c) Insubordination;
(d) Inefficiency;
(e) Incompetency;
(f) Neglect of duties;
(g) Tardiness;
(h) Failure to conduct himself or herself in a courteous and proper manner while on duty;
(i) Falsification of official documents or records;
(j) Use or being under the influence of drugs or alcoholic beverages not prescribed by a physician while on duty or reporting for duty under the influence of such drugs or alcohol;
(k) Wasting material and supplies;
(l) Carelessness, recklessness and/or engaging in horseplay;
(m) Immoral conduct on indecency;
(n) Abuse of illness, injury, disability or other benefits;
(o) An abusive or violent act that is not justified under the law, or the threat thereof;
(p) Unauthorized use or disclosure of official information;
(q) Unauthorized or improper use of official authority; and/or
(r) Sexual harassment of co-workers or private citizens.
(2) If cause is the basis for disciplinary action by the Town Council, the Council shall give advance written notice of its proposed action to the officer in question. Within five days of receipt of such notice, the officer may request a hearing, in writing, and if such hearing is timely requested, the Town Council shall hold a hearing before imposing the proposed disciplinary action. Pending the hearing, the Town Council may suspend the officer from service and in the case of the Chief or paid officer, the suspension may be made with or without pay. The officer will be given at least a three days’ written notice of the charges against him or her before the hearing is held. Any hearing shall be conducted in private, unless the officer requests, in writing, that the hearing be conducted publicly. At the hearing, the officer may cross-examine any witness and call witnesses and present evidence on his or her own behalf. At the conclusion of such hearing, the Town Council shall have broad authority to take whatever action it feels is in the best interest of the town. The decision of the Town Council shall be final.
(C) Action by the Chief of Police. Officers may be reassigned at any time for any reason; they are not guaranteed any specific assignment. The Chief of Police may reprimand, suspend for a length of time not to exceed ten consecutive days, reduce in rank or reassign any police officer for disciplinary reasons when cause is present. However, no suspension or disciplinary reassignment imposed by the Chief shall be effective unless and until written notice is provided to the Mayor or in his or her absence, the Mayor Pro-Tem. Furthermore, disciplinary actions taken by the Chief of Police are subject to review at any time by Town Council, at its own discretion. If the officer being disciplined files a request with the Town Secretary within ten days of disciplinary action, the Mayor shall cause an item to be placed on the next agenda of Town Council at the next regular or special meeting. The officer will be given written notice of the matters Town Council will consider and the opportunity to be heard. Town Council, after careful investigation of the facts, shall have broad authority to approve, modify, or rescind the action taken or proposed. The decision of the Town Council in final.
(Ord. 2013-02, passed 5-21-2013)