Title 32 special district

JEL

As a Title 32 special district, if we decide in executive session to write a letter of reprimand to an employee, then in regular session take a vote to send the letter, does the employee have to be present during the regular session when the vote is taken?

Cinderella

I'm guessing your with a public agency. What in the heck is a "title 32 special district?" Is that some special Colorado-lingo? x:D

Don D

What is a title 32 special district? Your County, municipal or district lawyer will be able to answer your question. I will be amazed, regardless of your regulatory body, if an employee has to be present for a vote taken to reprimand him. He may have redress or appeal rights. Check with your attorney.

coloradospecialdistricts

hehe...well, this one is actually up my alley!

A title 32 special district is a unique Colorado governmental agency status invention (title 32 is a reference to Title 32 of the Colorado Revised STatutes).

Re executive session discussion/taking action in open session: sounds like you did this correctly, assuming you did not have a lengthy discussion regarding the personnel matter in the open portion of your meeting.

My thoughts are that the open session portion of a public meeting are always open to the general public. The employee could have attended if he or she had wanted to. As long as you posted proper notice of your general session, you have no obligation to provide particularized notice to the e'ee in question.

Good luck to you!

System

x:o I'm shocked and awed, coloradospecialdistricts! JEL's question was so specific that I figured no one could answer it. Way to go.

James Sokolowski
HRhero.com

coloradospecialdistricts

[font size="1" color="#FF0000"]LAST EDITED ON 04-07-04 AT 08:55AM (CST)[/font][br][br]I know, I know, but with a user name like "coloradospecialdistricts" the fit couldn't have been more close! thanks for the response.

James, as you might recall from an email discussion we had, I read a lot and duck my head out to participate a lot less. Employment issues are my "sub-specialty" in a special district practice, but I am still learning a lot from the rest of the forum. this happened to be a special district question and not really an HR question!

A follow up question for you JEL: Was this e'ee action part of a formal disciplinary hearing?? If so, you had some additional process requirements, such as that the e'ee had the right to be present, with witnesses and atty's, etc. Just occurred to me early this a.m.....

Also, I forgot to add that you should consult your personnel policies, in case they require something more than state law requires.

Enough. Hope the situation worked out for you.