Can the director appeal the board's decision regarding dismissal?

If the board dismisses the county social services director (other than a director who has not completed a required probationary period of employment), the director has the right to appeal the board’s decision to the State Personnel Commission.
The appeal must be filed as a contested case with the Office of Administrative Hearings within 30 days of the written notice of dismissal. After an administrative hearing, the administrative law judge makes a recommended decision to the State Personnel Commission.
In cases involving allegations of employment discrimination, the State Personnel Commission issues a final decision upholding or reversing the social services board’s decision to dismiss the county social services director. If the Commission rules that the board’s dismissal of the director was due to illegal discrimination, the board may file an action in the superior court seeking judicial review of the Commission’s decision. The director also may appeal the Commission’s decision if the Commission’s decision upholds the board’s decision to dismiss the director.
In cases that do not involve alleged employment discrimination, the State Personnel Commission issues an advisory decision to the social services board with respect to the board’s dismissal of the director. The board is not required to accept or follow an advisory decision issued by the State Personnel Commission. However, if the Commission decides that the board’s dismissal of the director was illegal or improper and the board refuses to reinstate the director (or if the State Personnel Commission’s decision upholds the board’s dismissal of the director), the director may file an action in superior court seeking judicial review of his or her dismissal by the board. After reviewing the record in the case, a superior court judge may reverse or modify the board’s decision to dismiss the director if the court finds that the board did not follow the required procedures in dismissing the director, if the evidence does not support the board’s decision, or if the grounds for the director’s dismissal were not valid. In cases involving employment discrimination based on race, gender, disability, or other legally-protected classes, the director also may file a civil action in state or federal court claiming that the board illegally discriminated against him or her.

Public Officials - Local and State Government Roles
Topics - Local and State Government