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Got a question? Try Ask the MMA What are the basic notice and hearing requirements for a civil service disciplinary action?
Q: What are the basic notice and hearing requirements for a civil service disciplinary action?
A: Under state law (M.G.L. Ch. 31, Sect. 41), the power to impose discipline is shared. The appointing authority has wide-ranging powers to discharge, reduce rank or compensation (demote), or impose suspensions of any length. Subordinates—including, but not limited to, police chiefs—may be delegated the power to suspend, but not to exceed five days. For suspensions of five days or less, the suspension may be imposed first, without a hearing, either by the appointing authority or by the delegated subordinate. In such cases, the employee must receive, within 24 hours, a written notice stating the specific reason for the suspension. The notice must inform the employee of his or her right to request a hearing before the appointing authority within 48 hours after receipt of the notice. (The hearing must be held within five days after the request.) The notice must be accompanied by a copy of Massachusetts General Laws, Chapter 31, Sections 41-45, inclusive. For suspensions in excess of five days, demotions, or discharge, the following is required:
• Written notice of the specific reason(s);
• A copy of Chapter 31, Sections 41-45;
• A statement of the contemplated action; and
• A full hearing before the appointing authority or a designated hearing officer.
At least three-days’ written notice of the time and place of the hearing is required. If the employee has previously been suspended for more than five days, the notice must also state that reinstatement from the contemplated suspension is subject to the approval of the personnel administrator for civil service.
Got a question? Try Ask the MMA What are the basic notice and hearing requirements for a civil service disciplinary action?
What are the basic notice and hearing requirements for a civil service disciplinary action?
Q: What are the basic notice and hearing requirements for a civil service disciplinary action?
A: Under state law (M.G.L. Ch. 31, Sect. 41), the power to impose discipline is shared. The appointing authority has wide-ranging powers to discharge, reduce rank or compensation (demote), or impose suspensions of any length. Subordinates—including, but not limited to, police chiefs—may be delegated the power to suspend, but not to exceed five days. For suspensions of five days or less, the suspension may be imposed first, without a hearing, either by the appointing authority or by the delegated subordinate. In such cases, the employee must receive, within 24 hours, a written notice stating the specific reason for the suspension. The notice must inform the employee of his or her right to request a hearing before the appointing authority within 48 hours after receipt of the notice. (The hearing must be held within five days after the request.) The notice must be accompanied by a copy of Massachusetts General Laws, Chapter 31, Sections 41-45, inclusive. For suspensions in excess of five days, demotions, or discharge, the following is required:
• Written notice of the specific reason(s);
• A copy of Chapter 31, Sections 41-45;
• A statement of the contemplated action; and
• A full hearing before the appointing authority or a designated hearing officer.
At least three-days’ written notice of the time and place of the hearing is required. If the employee has previously been suspended for more than five days, the notice must also state that reinstatement from the contemplated suspension is subject to the approval of the personnel administrator for civil service.
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