HomeMy Public PortalAboutResolution 1990-12-02 Amending the Town of Fraser Personnel Policies and Handbook - Alternative Appellate Procedure for Employee Appeals
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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
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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
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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.
DATE:
(Signature)
Address:
Phone: