§501. Employment and dismissal of county employees
1. Employment.
All county officers or department heads shall submit to the county commissioners
or the County Personnel Board, if one has been established under article 2, the name
of any person the county officer or department head proposes to employ or the names
of more than one person from which the county commissioners or personnel board are
to select a person for employment. The county commissioners or the County Personnel
Board may approve the employment of the person or select a person for employment.
If approval is withheld or a selection is not made, the county commissioners or the
County Personnel Board, within 14 days after the name or names have been submitted,
shall notify the county officer or department head of the reasons for their disapproval
or failure to make a selection.
[
1991, c. 548, Pt. D, §3 (AMD)
.]
2. Qualifications.
All county employees shall be appointed without regard to any political affiliation
and solely on the basis of professional qualifications relating to the work to be
performed or their potential for acquiring those qualifications.
[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]
2-A. Probationary period for corrections officials.
Beginning October 1, 2009, a person who is hired as jailer, master, keeper or a
subordinate assistant or employee under section 1501 must complete an employment probationary
period that lasts for one year.
[
2009, c. 106, §1 (NEW)
.]
3. Dismissal, suspension, discipline.
Following a reasonable probationary period consistent with the provisions of subsection 2-A and section 2701, a county officer or department head may dismiss, suspend or otherwise
discipline a department employee only for cause, except as provided in paragraph A.
Cause for dismissal, suspension or disciplinary action must be a just, reasonable,
appropriate and substantial reason for the action taken that relates to or affects
the ability, performance of duties, authority or actions of the employee or the public's
rights or interests.
A. An employee may be dismissed by a county officer or department head only for cause
and only with the prior approval of the county commissioners or personnel board, except
that county employees may be laid off or dismissed, with the approval of the county
commissioners or personnel board, to meet the requirements of budget reductions or
governmental reorganization. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
B. In every case of suspension or disciplinary action other than dismissal, at the
employee's request, the county commissioners or personnel board shall investigate
the circumstances and fairness of the action and, if they find the charges unwarranted,
shall order the employee's reinstatement to the employee's former position with no
loss of pay, rights or benefits resulting from the suspension or disciplinary action. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
[
2009, c. 106, §2 (AMD)
.]
4. Application to county commissioners' employees.
Subsections 1 and 3 do not apply to county employees directly employed by the county
commissioners, unless a County Personnel Board has been established under article
2.
[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]
5. Application to chief deputy.
Subsections 1, 2 and 3 do not apply to the appointment, dismissal, suspension or discipline
of a chief deputy by a sheriff.
[
2011, c. 15, §2 (NEW)
.]
SECTION HISTORY
1987, c. 737, §§A2,C106 (NEW).
1989, c. 6, (AMD).
1989, c. 9, §2 (AMD).
1989, c. 104, §§C8,10 (AMD).
1991, c. 548, §D3 (AMD).
2001, c. 349, §5 (AMD).
2009, c. 106, §§ 1, 2 (AMD).
2011, c. 15, §2 (AMD).