§ 14-42. Reply to discipline; appeal from discipline.

(a)

Any employee in the system may be subjected to discipline, as provided in section 14-41, by the appointing authority, after his appointment or promotion is complete by written order stating specifically the reasons for such discipline. Such order shall be signed by the appointing authority, or his designee, and directed to the individual employee involved and a copy thereof directed to the secretary for inclusion in a permanent service record to be maintained for each employee in the system. Any employee so disciplined may respond, by directing a reply in writing to the secretary within seven calendar days of receipt of the order of discipline, with a copy of such reply to the appointing authority. Such reply of the employee shall be maintained in his permanent service record.

(b)

Any employee demoted in rank or compensation, suspended without pay for a period exceeding ten calendar days, or dismissed, may, within seven calendar days after service of the order of demotion, suspension or dismissal as hereinabove provided, appeal to the board.

(c)

Immediately upon service of any order of suspension or dismissal, the employee shall stand relieved of all duties of his office and shall not reassume such duties until the expiration of any suspension or until reinstated from suspension or dismissal by the board. Immediately upon service of any order of demotion in rank or compensation, the employee shall assume the rank or rate of compensation to which he was demoted.

(d)

The board shall, within a maximum of 45 calendar days from the filling of the appeal, commence a hearing hereon and shall thereupon fully hear and determine the matter and shall affirm, modify or revoke such order of discipline. Modification of the level of discipline shall be made by two-thirds vote of the members present and voting. A hearing may be postponed or continued upon the written request of the employee and/or the written or oral request of the employee's attorney. The appellant shall be entitled to appear personally, to produce evidence, and to have counsel and a public hearing. The finding and decision of the board shall be certified to the appointing authority from whose order the appeal is taken and shall forthwith be enforced and followed by him, but no such demotion, suspension or dismissal, if appealed to the board, shall be considered final until the finding and decision of the board shall be so certified. Any form of discipline not appealed to the board shall be so certified. Any form of discipline not appealed to the board shall be considered final as of the date of the service of the order of discipline on the employee.

(e)

The board is required to establish written procedures necessary for the efficient administration of the appeal process set forth in this section. Such written procedures are to be approved by the board of county commissioners.

(Code 1992, § 12-42; Priv. Acts 1971, ch. 110, § 23; Priv. Acts 1979, ch. 97, § 2; Priv. Acts 1984, ch. 192, § 4; Ord. No. 69, § 1, 4-9-1990; Ord. No. 373, exh. A, 6-1-2009)