[Amended 11-2-2010]
There shall be a Personnel Board consisting
of three members who shall be appointed by the Town Administrator
with the approval of the Town Council for terms of three years. The
members first appointed shall serve for terms of one, two and three
years respectively, and thereafter their successors shall be appointed
as their respective terms expire. No person shall be eligible to serve
thereon for more than two consecutive terms.
Each member appointed to said Board shall be
a person of good repute in his/her respective business profession
or trade. No member shall hold or be a candidate for any other public
office or position. They shall be qualified electors of the Town.
Salaries of members of the Personnel Board shall
be determined by the Town Council.
[Amended 11-2-2010]
It shall be the duty of the Personnel Board
to:
(1)
Supervise and review tests and other forms of evidence
so as to determine by the study of each person's qualifications the
capability of candidates for positions in the police and fire medic
service.
(2)
Certify to appointing officers that person(s) who are candidates
or applicants for such position(s) possess the qualifications required
by such certification to apply to present and to prospective employees.
Such certification lists shall show the names of the three persons
standing highest thereon who are available for appointment to employment
or to promotion, if there be as many as three such names thereon,
or all the names on the list if there are less than three. The appointing
authority shall appoint one of the persons so certified to the position
in accordance with the provisions of the personnel rules.
[Amended 11-2-2010]
There shall be excepted from the classified
service of the Town:
(1)
Officers elected by the people;
(2)
Heads of departments and agencies appointed by the
Town Administrator or Town Council;
(3)
Employees of the School Department for whom state
certification is required;
(4)
Persons engaged by contract to perform special services
for the Town where such contracts are certified by the Personnel Director
to be for employment which should not be performed by persons in the
classified service;
(5)
Persons temporarily appointed or designated to make
or conduct a special inquiry, investigation or examination, or to
perform a special service where such appointment or designation is
certified by the Personnel Director to be for employment which because
of its expert nature or character could not or should not be performed
by persons in the classified service;
(6)
Persons who in times of public emergency may be appointed
special employees.
All persons who, at the time this Charter takes
effect, are holding positions hereby placed in the classified service
of the Town, including policemen, shall hold such positions as though
appointed in accordance with the provisions hereof, but any vacancies
thereafter occurring shall be filled in the manner herein provided
for classified service.
[Amended 11-2-2010]
Whenever it is not possible to certify the required
number of eligible persons for appointment to a vacancy in the classified
service because no appropriate list exists, the appointing authority
may nominate a person to the Personnel Director and, if such nominee
is found by the Personnel Director to have had experience and education
which appears to qualify him/her for the position and meets such other
requirements as are established by the personnel rules, he/she may
be temporarily appointed to fill such vacancy.
[Amended 11-2-2010]
All original appointments and promotional appointments
to the classified service shall be for a probationary period of six
months. Any employee may be dismissed by the appointing authority
during the probationary period for reasons relating to the employee's
qualifications or for the good of the service stated by the appointing
authority in writing and filed with the Personnel Board.
[Amended 11-10-2002]
In case of emergency, an appointing authority
may make an emergency appointment of any person to any positions without
regard to provisions of this article to carry on work that must be
continued in the public interest, but no such emergency appointment
shall continue beyond the time of the emergency as declared by the
Town Council.
[1]
Editor's Note: Former § C14-9, Services of other
agencies, was repealed 11-2-2010.
[Amended 11-2-2010]
Officers of the Town appointed for an indefinite
term may be removed by the office or agency which appointed them.
If any such officer appointed for an indefinite term refuses to resign
when asked for his/her resignation by the proper authority, the Town
Administrator if his/her office made the original appointment or nomination,
or any member of the Town Council if the Town Council made the original
appointment, may prefer charges against said officer before the Town
Council, requesting his/her removal. The Council after giving written
notice of said request and of the time and place of hearing delivered
to said officer or mailed by certified mail to said officer at his/her
last known address, together with a copy of said charges at least
10 days prior to the date of hearing, may after hearing on said charges
remove said officer by an affirmative vote of a majority of the entire
Town Council. Said hearing shall be public if said officer so requests
by a written demand filed with the Town Council two days prior to
the date of the hearing.
[Amended 11-2-2010]
The jurisdiction of the Town Council shall extend to all cases of appeals from dismissals, suspensions, demotions or transfers or layoffs of appointive officers and employees of the Town, whether in the classified service or not, except those in the School Department working in an administrative, supervisory or teaching capacity, and except those provided for otherwise in this Charter in § C14-10. The Town Council in its work of receiving, considering and disposing of appeals shall follow procedure that is informal and of a nature calculated to effect justice in a manner as simple as possible, and provided that the following requirements are observed. In the event that any person is dismissed, suspended, demoted or transferred as provided herein, he/she may appeal in writing to the Town Council within 10 days from such dismissal, suspension, demotion, transfer or layoff. Unless such appeal has been withdrawn, the Council within 10 days from the filing of such appeal, shall give the dismissed, suspended, demoted or transferred person, or person laid-off and the department head, board or other agency involved, the opportunity to be heard at a hearing before said Council. After such hearing, which shall be public at the option of the person making the appeal, the action of the Council shall be final and binding, and shall not be subject to appeal or further revision except as may be otherwise specifically provided by law. The review afforded herein shall be deemed to be alternative to and/or in addition to that granted by general and special state laws to certain classes of Town employees. Upon reinstatement for any reason the dismissed, suspended, demoted or transferred officer or employee shall be paid in full for the wages lost during the period of such dismissal, suspension, demotion or transfer.
At any such hearings it shall be the right of any such person
making the appeal to be represented by counsel who may conduct his/her
case and act for him/her.
