Section 36-26-103 Termination of employment - Procedure; notice.
Section 36-26-103
Termination of employment - Procedure; notice.
(a) An employee on nonprobationary status may be terminated only in the following manner: The superintendent shall give written notice to the employing board and the employee of the superintendent's intention to recommend a termination as provided in Section 36-26-102. Such notice shall state the reasons for the proposed termination, shall contain a short and plain statement of the facts showing that the termination is taken for one or more of the reasons listed in Section 36-26-102, and shall state the time and place for the board's meeting on the proposed termination, which meeting shall be held no less than 20 days and no more than 30 days after the receipt of such notice by the employee. The notice shall inform the employee that in order to request a conference with the board, the employee must file a written request with the superintendent within 15 days after the receipt of such notice. At such conference, which shall be public or private at the discretion of the employee, the employee, or his or her representative, shall be afforded the opportunity to speak to the board on matters relevant to such termination. The employee shall have the right to counsel and to have a court reporter record his or her statement, both at the expense of the employee. Thereafter, the board shall determine whether such termination shall be effectuated.
(b) Regardless of whether or not the employee elects to have a conference, if the board votes to terminate the employee, the superintendent shall give notice to the employee of the board's action by providing notice by personal service, by the United States registered or certified mail with postage paid thereon to the employee's last known address, or by private mail carrier for overnight delivery, signature required, with postage paid thereon to the employee's last known address within 10 days of the board's action. Such notice shall be in writing and shall inform the employee of the right to contest the action by filing with the superintendent a written notice of contest of the action within 15 days of the receipt of the notice. Such contest shall be taken by filing a written notice of contest with the superintendent within 15 days after receipt of the notice of the decision of the employing board. If the contest is not timely taken, the board's decision shall be final. The employing board may suspend the employee with pay if the action is taken. However, no pay shall be provided in cases involving moral turpitude. If the board's action is overturned on appeal, pay shall be reinstated. No termination shall be effected until the time for filing notice of contest has expired and, if notice of contest is filed, not until the hearing officer has issued an opinion.
(Acts 1983, No. 83-644, p. 1004, §4; Act 2004-567, §1.)