Order in the Court!
• What to Expect at the Personnel Hearing
Dec 3, 2009 – On Tuesday December 8th, the Gray Town Council will preside over an appeal from Recreation Director, Dean Bennett. Bennett's employment was terminated by Town Manager, Deborah Cabana, and he has exercised his right to appeal the decision before the Council. As of this writing it is expected that Mr. Bennett will present the appeal at a public meeting as opposed to in an executive session. Bennett has retained an attorney, and there is the possibility that the attorney could advise him to make the appeal in executive session.
On the assumption that the proceeding does remain public, we thought it prudent to learn about the procedure and to let our readers know what to expect.
According to Paul Driscoll, the attorney hired to represent the Town Council, "the Council will act in a quasi judicial capacity, and essentially be the judge and jury." The Town Manager and her attorney, Bill Dale, will present the case for the employment termination, with the burden of proof that the violations warranted termination, on the Manager. Mr. Bennett and his attorney will then have the opportunity to present the case disproving the Manager.
During the presentations by the parties, each will have the opportunity to present evidence and call witnesses. The Council will have the opportunity to question the witnesses, and each party will have the opportunity to cross examine witnesses.
No one from the public will be allowed to address the Council unless they are called witnesses. Council Chair, Peter Gellerson will preside and make rulings as to decorum and order in the room. Any spectator causing a disruption can be removed from the proceeding.
According to Driscoll, upon completion of the testimony from both parties, his expectation is that an open deliberation among the Council members will take place. A simple majority vote of the council will decide the outcome, based on a preponderance of the evidence.
Driscoll went on to explain that there are three possible outcomes or verdicts:
- 1. The violations are founded and the punishment (employment termination) is appropriate to the violations.
2. The violations are founded, and the punishment was too severe. In this case, a remediation process would be employed to determines what disciplinary measures should be taken, and employment would be restored.
3. The violations are unfounded and the employment will be reinstated with back pay.
Soon after the Council vote and decision, a formal written decision will be provided by Attorney Driscoll. Regardless of the completion date of the written document, the date of the vote is the legal date for counting.
The proceeding is set for 7:30 PM at Stimson Hall. As of this writing, there is no plan to video tape or televise the hearing. Citizens planning to attend are asked to conduct themselves with the order and decorum of a traditional courtroom.
