(A) Demotions.
(1) The County Judge may, with Fiscal Court approval, demote an employee provided the employee possesses the minimum qualifications for the position to which he or she is demoted. Reasons for demotion include, but are not limited to:
(a) Inability to carry out duties in accordance with the standards prescribed for the position or these rules;
(b) Disciplinary reasons; and
(c) In lieu of layoff.
(2) Written notice shall be given to the employee prior to, or at the time of, the demotion.
(B) Suspension.
(1) (a) The County Judge may suspend, with Fiscal Court approval, any county employee, with or without pay, for not more than 30 calendar days for disciplinary reasons. Fiscal Court approval may come after the suspension.
(b) Should an employee be suspended without pay prior to the suspension being presented to Fiscal Court, and should Fiscal Court not approve the suspension, the employee shall be compensated for lost wages during the suspension period.
(2) Any suspended employee shall receive written notice of suspension. The notice shall state:
(a) Reasons for the suspension; and
(b) Duration of the suspension.
(4) A suspended employee may appeal the suspension to the Fiscal Court.
(C) Separation. An employee may be separated by:
(1) Dismissal;
(2) Resignation;
(3) Retirement; or
(4) Lay off due to lack of work, funds or termination of the position which the employee holds.
(D) Dismissal.
(1) The County Judge, with Fiscal Court approval, may dismiss an employee. Fiscal Court approval is not required for employees whose hire was not approved by Fiscal Court.
(2) Written notice shall be given to the employee prior to, or at the time of, dismissal.
(3) Upon dismissal, employees shall not receive compensation for any accrued vacation time or unused sick time.
(E) Resignation.
(1) An employee shall, in order to resign in good standing, give the County Judge written notice at least two weeks before the date the resignation is to take effect. The County Judge may agree to a shorter notice because of extenuating circumstances.
(2) A resignation made without two weeks’ written notice may be regarded as cause for denying the resigning employee future employment with the county.
(3) An employee’s resignation and the circumstances pertinent to it shall be recorded in his or her personnel file.
(4) Upon resignation upon proper notice, an employee shall receive all wages earned prior to separation. Said employee shall not be compensated for accrued, but unused sick leave.
(5) The employment date of an employee who resigns and is reinstated or is dismissed and is re-employed shall be the date of re-employment (wages, accrued vacation, sick leave).
(F) Layoff.
(1) The County Judge shall submit in writing to the Fiscal Court whenever the County Judge thinks a layoff of county workers is needed. If the Court does not act in any manner within 30 days, the County Judge may proceed with the layoff procedures as prescribed herein.
(a) The order of layoff shall be established by the Fiscal Court on the basis of the needs of the county.
(b) Consideration shall be given to both the seniority and merit of the persons considered for layoff.
(c) If time permits, the County Judge shall notify the employee(s) two weeks prior to the effective date of the layoff.
(d) A copy of the notice shall be retained in the employee’s personnel file.
(2) An employee who has given satisfactory service, and is laid off, shall be eligible for re-employment in other positions for which the employee qualifies.
(G) Reinstatement. The County Judge, with Fiscal Court’s approval:
(1) May re-employ any former employee:
(a) Who has resigned from county employment with a good record; or
(b) Who has been laid off because of lack of work or funds.
(2) Shall reinstate any employee who has been demoted or dismissed for a reason prohibited by local, state or federal employment regulations.
(Ord. 21.230-1, passed 7-8-2021
; Ord. passed 7-13-2022; Ord. 23.230-1, passed 7-13-2023
)