What procedure is the board required to follow in dismissing the director for unacceptable personal conduct?
The board may, but is not required to, issue a written warning to the director based on an incident involving unacceptable personal conduct, or may impose disciplinary action (such as suspension without pay) rather than dismissing the director. However, there is no requirement that the board have issued a prior warning to the director regarding the director’s conduct or performance before the board decides to dismiss the director for unacceptable personal conduct.
If the board believes that the director’s conduct constitutes unacceptable personal conduct and may warrant his or her dismissal, the board must conduct a pre-dismissal conference with the director.
After the pre-dismissal conference, the board should meet in closed session to decide whether to dismiss the director. In deciding whether to dismiss the director for unacceptable personal conduct, the board should consider a number of factors, including (a) whether there is sufficient proof that the director actually committed the alleged misconduct; (b) the connection between the alleged misconduct and the director’s duties, role, or position as the county social services director; (c) the nature and seriousness of the alleged misconduct; (d) the director’s past employment record and job performance; (e) the presence or absence of any mitigating circumstances; and (f) the appropriateness of disciplinary actions (such as a warning or suspension) other than dismissal.
If the board votes to dismiss the director, the board must give the director a written notice of dismissal stating the specific reasons for the dismissal and providing notice of the director’s right to appeal the board’s decision. (See Question 16). Dismissal for unacceptable personal conduct may take effect immediately after the board gives the director written notice of the dismissal.