(A) If the Town Manager, after the receipt of an investigation by the Town Attorney conducted under the provision of § 33.19(B), has cause to believe a violation of this subchapter has occurred, he or she shall schedule a hearing on the matter. The town official who is charged with the violation shall have the right to present evidence, cross-examine witnesses, including the complainant or complainants, and be represented by counsel at the hearing. If, after such hearing and a review of all of the evidence, the Town Manager finds that a violation of this subchapter has occurred, he or she shall take whatever lawful disciplinary action he or she deems appropriate, including, but not limited to, reprimand, suspension, demotion or termination of service. No further hearing or proceedings under the personnel ordinance shall be required.
(B) If the Town Council, after receipt of an investigation by the Town Attorney conducted under the provisions of division (A) above, has cause to believe a violation has occurred, the Town Council shall schedule a hearing on this matter. The person who is charged with the violation shall have the right to present evidence, cross-examine witnesses, including the complainant or complainants, and be represented by counsel at the hearing. If, upon conclusion of the hearing, at least four members of the Council vote to find a violation has occurred, the Council may adopt a resolution of censure which shall be placed as a matter of record in the minutes of an official Council meeting. If the person charged is a member of the Town Council, a vote of three members of the Council shall be required to find a violation and adopt a resolution of censure.
(Ord. passed 10-6-2009)