The text
Sec. 20-116. - Procedures.#
(a)
Prior to the establishment of a list of eligibles for a class of position, or when such a list is established, the appointing authority shall request each candidate or eligible to notify him within five calendar days of the date of the mailing of notice to him, whether or not he is available for certification to any vacant position in the class of position. When such notice of availability is returned to the appointing authority, the decision of the eligible shall be recorded; and certification of those available shall proceed according to law. When in the process of certification an available eligible is properly reached on such list, the appointing authority shall notify such eligible that he has been certified to an appointing authority for an interview relative to appointment to a position in the class of position for which the list was established, or deemed appropriate. It shall be the responsibility of each such eligible when so notified to contact the appointing authority for an interview relative to appointment.
(b)
In the event of failure on the part of the eligible to return such notice of availability to the appointing authority within the time allowed, he shall be deemed unavailable for such certification and his name shall be placed on the inactive list until such time as he properly establishes his availability for such position. If an available eligible fails to report to an appointing authority for an interview within five calendar days from the date of notice of certification was mailed to him at his last known address by the appointing authority, he shall be deemed to have refused such certification and the appointing authority may order his name placed on the inactive list for such position.
(c)
If an eligible who has been certified accepts an appointment and thereafter fails to present himself for duty on the date he is instructed to do so, he shall be deemed to have refused appointment, and his name shall be placed on the inactive list for such position.
(d)
It shall be the duty of the appointing authority to accord to each eligible certified to him the opportunity of an interview relative to appointment, and no appointment shall be effective unless such opportunity has been so accorded each certified eligible.
(e)
The appointing authority requesting certification of a list of eligibles shall make an appointment within ten calendar days from the date such list is mailed to him by the personnel board.
(f)
All appointments to positions in the town service shall be made at the minimum salary applicable to the class with the following exceptions:
(1)
Upon recommendation of the appointing authority, appointments of employees who leave one class of position to accept appointment in another may be made at the existing salary of such employees; provided, however, that no appointment shall be made at any salary higher than the maximum of the range, except that the provisions of this chapter shall apply to longevity increases. When under the provisions of this section an existing salary falls between two successive steps of the new salary range, the appointment shall be made at the higher step. However, upon recommendation of the appointing authority concerned, an employee who leaves one class of position to accept appointment in another class of positions, which is in a higher pay range, may be appointed at that pay rate within the established range for the new class, which is next above his present rate of pay or the minimum of the new class, whichever is the greater; when under the provisions of this section the employee's existing salary falls between two successive pay rates of the new range, the appointment shall be made at the higher pay rate; plus one additional pay rate; provided, however, that no appointment shall be made at any salary higher than the maximum of the range except that the provisions of this chapter shall apply to longevity increases.
(2)
When an employee is required to work in a higher class of position for a period of 11 consecutive days or more, such employees shall receive the lowest salary rate of that higher class which will provide a pay increase of at least one step over his present base rate retroactive to the first day of such assignment.
(Code 1972, § 15-41)
Sec. 20-117. - Rules and procedures for personnel board hearings.#
(a)
Notification and time. An employee whose petition is accepted may be granted a meeting with the personnel board. The employee shall be notified by mail as to the time and place by authority of a majority of members of the personnel board during the regular meeting at which time the petition is taken. The time and place of the hearing shall be mutually convenient to all parties including the personnel board.
(b)
Right to be heard. The petitioning employee or his legal advisor at the onset of the meeting must first establish that he is a permanent employee covered by the personnel system of the town in accordance with the Charter of the town, the classification system and such personnel rules as established by the personnel board.
(c)
Type of hearing. Once the petitioning employee has established his right to be heard, he may then decide whether the hearing shall be open to the public.
(d)
The hearing. The hearing shall be conducted as follows:
(1)
The hearing shall be conducted by the personnel board. A quorum shall consist of at least three board members and a majority of the members present may determine any matter legally before them. Any board member who did not hear all of the evidence shall not vote on the final deliberations of the board.
(2)
Each personnel board member may question the petitioning employee or witness thereof at any length.
(3)
The personnel board can insist upon seeing documentary evidence to back up any allegations by the petitioning employee or by any witness. This may include, but not be limited to, warrant of appointment, town employee records, payroll records and the like.
(4)
In accordance with the Charter, article twelve, section 1207, investigations, "During the course of any investigation or hearing the personnel board may request any employee of the town to attend and give witness. Any employee refusing to do so may be subject to disciplinary action as provided in section 1205."
(5)
The employee and all witnesses will be heard under oath. All witnesses can be sworn by the chairperson pro tem of the board or by any other person eligible to administer oaths.
(6)
All parties shall have the right to counsel; the right to present witnesses or other competent evidence; the right to cross examine witnesses; and to present oral argument.
(7)
A court stenographer shall be hired to record the proceedings.
(8)
The hearing shall be generally informal in that there will be no strict procedural rules. And also the technical rules of evidence will be suspended to the extent that no frivolous or irrelevant matters will be permitted.
(9)
In the event of any dispute concerning the hearing of the application of this chapter, a vote of the board shall be binding.
(10)
To ensure the completeness of any investigation, evidence may be gathered after a recess and continued until the court is satisfied at having received all evidence. When the hearings are over, the personnel board shall meet in closed session to render a decision. The employee shall be notified of the decision by mail within three days.
(Code 1972, § 15-63)