§ 54-38. Career service appeal board.

(a)

Functions. The career service appeal board shall be elected as provided in this section for the purpose of hearing appeals of members of the classified service of the sheriff's office arising only from those disciplinary actions specified in this article. The career service appeal board shall be an internal board of the sheriff and shall not possess any powers, duties or responsibilities except as provided in this article or by supplemental rules and regulations which may be promulgated by the sheriff.

(b)

Membership. The board shall be composed of five members and alternates who shall be appointed or elected as follows:

(1)

Appointed position. One member of the board shall be an employee of the office of sheriff in good standing, appointed by and serving at the pleasure of the sheriff. The sheriff has direction to appoint alternates to the board for this position.

(2)

Elected positions. Three of the five board members shall be elected from those persons in good standing within the classified service, by a plurality of those employees eligible to cast ballots in each of the categories set forth in this subsection. Persons satisfying the eligibility requirement who receive the second highest number of votes in each category shall serve as alternate board members. Only those members of the classified service who are in good standing are eligible to vote. For the purpose of this subsection, the eligible voters as described in this subsection shall select a board member and alternate from each of the following categories:

Category		Eligible Voters
a.	Deputy holding rank of sergeant or lieutenant.	All deputies holding the rank of sergeant or lieutenant.
b.	Deputy below the rank of sergeant.	Deputies below the rank of sergeant.
c.	Civilian employees.	All civilian employees.

 

(3)

Selected position. One member of the board shall be at least 21 years of age, a citizen of good moral character, a resident of the county for at least five years prior to appointment and not an employee of the office of the sheriff. Such member shall be selected by a simple majority of the other four members of the board. An alternate member who meets these criteria shall be selected in a similar manner. This selected member and alternate should not be a public employee or an elected official of a local government, county, the state or a political subdivision thereof; a member of any national, state or county committee of a political party; a candidate for or incumbent of any public office; or related by blood or marriage to the sheriff or any of the sheriff's employees.

(c)

Procedures.

(1)

If for any reason the status of any board member or alternate changes to the extent that the member would no longer be eligible for election or appointment to a particular board position pursuant to this article, such board member shall immediately vacate the position on the board. The failure to vacate may subject the board member to legal action for disqualification.

(2)

The election of the board members and alternates referred to in subsection (b)(2) of this section as elected positions shall be held on the second Tuesday of January, with the members taking office the first Monday of February. Notice of the election shall be provided thirty (30) days before the election and shall be provided through the Sheriff's electronic mail system.

(3)

The selection of the board member and alternate referred to in subsection (b)(3) of this section as a selected position shall be held on the first Monday of February with the member taking office immediately upon selection by the other board members.

(4)

The elected members of the board and their alternates shall serve a term in office of two (2) years.

(5)

Interim members of the board, presently serving, shall continue to serve until the first elections are held at a date and time to be set by the sheriff.

(6)

Any member of the board may voluntarily withdraw from a proceeding due to a conflict of interest or personal bias or the board may, by simple majority vote, to temporarily excuse a board member during consideration of an issue where the board believes a material conflict of interest or a personal bias exists or where a board member is called as a material witness in any related proceeding. In all proceedings, the sheriff shall be represented by a member on the board.

(7)

If a vacancy occurs on the board or if a board member is unwilling or unable to serve for whatever reason, the alternate member shall serve for the duration of the hearing or term of office, as the case may be.

(8)

If an elected or selected alternate's position is permanently vacated, the chairman shall call a special meeting of the board for the purpose of filling the vacancy. The board by simple majority shall select an alternate from those persons who would be eligible for nomination under this section. The alternate's term will coincide with the vacated member's term of office. If an alternate is unwilling or unable to serve in a particular proceeding, the sheriff or the board may appoint ad hoc alternates to fill those positions in accordance with their authority under this article.

(Code 1970, § 15½-24; Ord. No. 90-12, § 4, 9-25-90; Ord. No. 03-04, § 2, 1-28-03; Ord. No. 11-17, § 2, 12-6-11)

Cross reference

Boards, committees, authorities, councils and commissions, § 2-196 et seq.