§ 11.6. Disciplinary action.

(a)

Except as provided in section 11.5 of this act, an employee of the police or fire department of the City of Wilmington may be dismissed only for cause and with an opportunity to be heard in his or her own defense. [The council] retains the authority to demote or terminate positions because of a lack of work or conditions beyond the control of the city. And furthermore, nothing in this article shall be so construed as to deprive [the] city council of its control over the finances of the city.

(b)

The chief of the appropriate department may suspend, with or without pay, any employee of the police or fire department charged with violating any rule or regulation of the department, for a period not to exceed thirty (30) calendar days. Within three (3) working days after making any suspension, the chief shall file with the city manager a written statement setting forth the reasons for the suspension in detail. Within the same time, the chief shall give to the suspended officer a signed copy of the statement of the basis for the suspension. Within ten (10) working days after his suspension, the employee may file with the city manager a written request for a hearing. The city manager shall conduct the hearing within thirty (30) days thereafter. If the employee is suspended without pay and the city manager finds that the suspension was not justified, or if the charges are dismissed, the employee shall be fully reimbursed for any loss of pay.

(c)

With the approval of the city manager, the chief of the appropriate department may dismiss or demote any employee for violating any rule or regulation of the department of which the employee is a member. Within three (3) working days after making any dismissal or demolition [demotion], the chief of the department shall file with the secretary of the commission a written list of charges supporting the discharge or demotion. A copy of this statement shall be given to the city manager and the employee.

Within ten (10) working days after dismissal or demotion, the employee may appeal by first filing with the secretary of the commission a written request for a hearing before the civil service commission. Such request for hearing shall contain a written response to each of the enumerated charges which was filed in support of the discharge or demotion. The commission shall conduct a hearing within sixty (60) calendar days after receipt of the request. Hearings shall be administrative in nature and shall be conducted in closed session unless an open session is requested by the employee. "Working days" for purposes of this subsection shall mean 8:30 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

If the commission determines that the employee has not violated a rule or regulation of the department, the commission shall reinstate [him] with appropriate back pay. In the conduct of its investigations, the commission may subpoena witnesses, administer oaths and compel the production of evidence.

The commission upon finding any employee guilty may sustain the action of the chief or take any other action that may be deemed appropriate.

Any employee found guilty by the commission may appeal to a court of competent jurisdiction. The trial upon appeal shall be governed by the provisions of Article 4, [section 150A-43 et seq.,] Chapter 150A, of the General Statutes of North Carolina pertaining to judicial review of decisions of certain administrative agencies except that for purpose of General Statutes, section 150A-45[,] the person seeking review must file a petition in the superior court of New Hanover County.

A person who may wish to appeal to the superior court shall file with the secretary of the commission a bond in an amount set by the commission, with sufficient surety conditioned that the person shall pay the cost of such appeal in the event such cost shall be levied against the person, and shall pay to the secretary the necessary fee for entering such appeal in the superior court within ten (10) calendar days after entry of such order or decree appealed from, and upon appeal, the secretary of the civil service commission shall forthwith transmit to the superior court a complete transcript of all papers and proceedings concerning the order or decree or action of the civil service commission appealed from together with the appeal bond and fee.

(Sess. Laws 1981, Ch. 342, § 1)

State law reference

Removal of unfit police officers, G.S. § 128-16; executive sessions, G.S. § 143-318.11.