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HomeMy Public PortalAboutResolution 1990-12-02 Amending the Town of Fraser Personnel Policies and Handbook - Alternative Appellate Procedure for Employee Appeals ~ TOWN OF FRASER RESOLUTION NO. 12-2-90 A RESOLUTION AMENDING THE TOWN OF FRASER PERSONNEL POLICIES AND HANDBOOK TO PROVIDE FOR AN ALTERNATIVE APPELLATE PROCEDURE FOR EMPLOYEE APPEALS. WHEREAS, the Board of Trustees of the Town of Fraser, by Resolution No. 1984-11-2, previously adopted the Town of Fraser Personnel Policies and Handbook: AND WHEREAS, said Personnel Policies and Handbook provide a procedure for dismissal of employees of the Town of Fraser by the Mayor and for appeals of such dismissal orders to the Board of Trustees: . AND WHEREAS, circumstances have arisen in the past and may again arise in the future causing the Board of Trustees to be disqualified from deciding certain employee dismissal appeals, and the Board desires to amend the Personnel Policies and Handbook to provide an alternative appeal procedure in such cases that will assure the employee of a fair and impartial appeal and satisfy the requirements of the due process guaranteed by the Constitutions of the United States and the State of Colorado. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: (1) The Town of Fraser Personnel Policies and Handbook is hereby amended by the addition of a new section 11.3, to read as follows: Sec. 11.3 ALTERNATIVE APPEAL PROCEDURE 11.3.1 Applicability. The alternative appeal procedure provided in this section 11.3 shall apply only when it has been determined by resolution of the Board of Trustees or by order of a court of competent jurisdiction, that the Board of Trustees is disqualified for any reason from hearing a particular appeal of an order of the Mayor dismissing an employee pursuant to the provisions of the Town of Fraser Personnel Policies and Handbook. Such alternative appeal procedure shall not apply to any other dismissal order as to which the Board of Trustees is qualified to hear the appeal, or to any other grievance or other matter that may arise under the personnel policies provided herein. . 11.3.2 Appeal Panel. In any such case where the Board of Trustees is disqualified from hearing an employee's appeal, such appeal shall be heard and decided by an alternative appellate panel (herein referred to as the "Appeal Panel"), which shall. be composed of the three persons who are serving as the town managers of the Towns of winter Park, Granby and Grand Lake, Colorado, at the time the alternative appeal procedure provided in this section is invoked. If any of said town managers refuse to serve as a member of the Appeal Panel or in case of any vacancy on the Appeal Panel for any other cause, the remaining manager or managers designated as members of the Appeal Panel shall select another person to fill the vacancy or vacancies thus created. If possible, the person selected to fill a vacancy shall be a town or city manager of another town or city located within the Fourteenth Judicial District of the state of Colorado, excepting the Town of Fraser. Each member of the Appeal Panel shall be entitled to compensation for serving on such Panel and reimbursement for all reasonable expenses necessarily incurred in such capacity, which compensation and reimbursement shall be paid by the Town of Fraser. The fee to be paid to each member of the Appeal Panel shall be $100.00 for any appeal which is resolved without a hearing, and $200.00 for any appeal in which a hearing is held. Such fees may be adjusted from time to time by resolution of the Board of Trustees. Members of the Appeal Panel shall be deemed to be agents and employees of the Town of Fraser with respect to acts performed within the scope of their authority as members of said Appeal Panel, and shall be entitled to the immunity and indemnification provided to public employees under the provisions of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et ~, and the protection of the liability insurance maintained by the Town of Fraser with respect to its employees, while performing such acts within the scope of said members' authority hereunder. However, members of the Appeal Panel shall not be subject to removal or control by the Board of Trustees while serving in such capacity. 11.3.3 Powers and Duties. In hearing and deciding an employee's appeal from a dismissal order, the Appeal Panel shall have the same powers and duties as the Board of Trustees would have in hearing and deciding such an appeal under the provisions of section 11.2 of the Town of Fraser Personnel Policies and Handbook. In addition, the Appeal Panel shall have the power, if it deems necessary, to employ legal counsel at the expense of the Town to obtain legal advice on the conduct of the appeal or any issue that may arise in connection therewith. Such legal counsel may only be employed by the Appeal Panel with the approval of the Fraser town manager, who may deny or limit payment of Town funds for the employment of such counsel based on the availability of budgeted funds for that purpose. 11.3.4 Procedure. In any case where an appeal of a dismissal order is perfected by the employee and the Board of Trustees is disqualified from hearing such appeal, the Fraser town manager shall promptly notify the town managers designated in subsection 11.3.2 that the appeal will be heard by the Appeal Panel. Each member of the Appeal Panel shall then promptly complete and sign an oath or affirmation, in the form attached hereto as Appendix "G", and furnish copies of such oath or affirmation to the Mayor and the employee. The members of the Appeal Panel shall elect from among themselves a chairman of the Panel. Such chairman shall contact the Mayor and the employee, or their respective legal counsel, for purposes of scheduling the hearing on such appeal. If possible, the hearing shall be scheduled not later than thirty (30) days after election of the chairman of the Appeal Panel. If any delay of the hearing beyond such thirty-day period is granted at the request of the employee or his legal counsel, then the employee shall be deemed to have waived any claim to back payor other employment compensation for the period during which the hearing is delayed beyond the thirty-day period. The hearing of the appeal shall be conducted as provided in Section 11.2 of the Town's Personnel Policies and Handbook, and the Appeal .Panel shall issue a written decision as provided in said Section. Such written decision shall be delivered to the Board of Trustees, which shall be responsible for implementing the decision rendered. The decision of the Appeal Panel shall be final, subject only to - 2 - each party's right to obtain judicial review of such decision as provided by law. (2) The form of Oath or Affirmation of Member of Appeal Panel attached to this Resolution is hereby adopted as Appendix "G" of the Town of Fraser Personnel Policies and Handbook. DULY MOVED, SECONDED AND ~PPROVED BY ~RUSTEES OF THE TOWN OF FRASER this ~ day of , 1990. TOWN OF FRASER BY:~~ ".<kvd:Q Mar1anne K ancke, Mayor Pro-Tem ATTEST: lerk - 3 - -....'..~~.. '- ýÿ APPENDIX G TOWN OF FRASER, GRAND COUNTY, COLORADO OATH OR AFFIRMATION OF MEMBER OF APPEAL PANEL IN THE MATTER OF THE APPEAL OF (employee name), FROM AN ORDER OF THE MAYOR OF THE TOWN OF FRASER. I, , solemnly swear or affirm under penalty of perjury that I am the duly appointed town manager of the Town of , Colorado: that I will be completely impartial in hearing the above-reference appeal: and that I will fairly and justly determine the issues placed before me. I further swear or affirm that I have no financial or personal interest in the outcome of this appeal and have no existing or past financial, business, professional, family or social relationships with any of the parties or their attorneys that will affect my impartiality or create an appearance of partiality or bias in this matter. 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