Section 36-26-112 Other disciplinary action - Authorized; notice; conditions.
Section 36-26-112
Other disciplinary action - Authorized; notice; conditions.
(a) At the conference provided in Section 36-26-111, 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 disciplinary action. 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.
(b) Thereafter, the board shall determine whether such disciplinary action shall be effectuated. Regardless of whether or not the employee elects to have a conference with the board, if the board votes to take disciplinary action against 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. No such disciplinary action 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.
(Act 2004-567, §2.)