What procedure is the board required to follow in dismissing the director for unsatisfactory job performance (other than grossly inefficient job performance)?

In order to dismiss the director based on unsatisfactory job performance (other than grossly inefficient job performance), the board must have given the director two, prior written warnings regarding the director’s conduct or performance.
The purpose of these warnings is to allow the director an opportunity to correct the unacceptable conduct or improve his or her job performance. The prior written warnings do not have to involve the same type of unsatisfactory job performance that is the basis for the proposed dismissal action.
Both of the prior warnings must be in writing. A copy of the written warning should be given to the director; a second copy of the written warning should be retained in the director’s personnel file. Each written warning should inform the director that it is a disciplinary warning (not merely friendly advice or counseling), identify the specific deficiencies in the director’s conduct or performance, indicate the type of improvement that is needed to correct the unsatisfactory job performance, specify a time period during which the necessary correction or improvement must be made, and inform the director of the consequences of failing to make the required improvements or corrections. The second (final) written warning must also notify the director that his or her failure to make the required corrections or improvements may result in dismissal. Unless otherwise specified in the warning, an employee is expected to correct his or her unsatisfactory job performance within 60 days.
Warnings for unsatisfactory job performance are considered “inactive” if the employee’s unsatisfactory job performance has been satisfactorily corrected or if the warning is at least 18 months old and the employee has not received a subsequent warning regarding unsatisfactory job performance during that period.
If there is not a permanent improvement in the director’s job performance following the second (final) warning, or if other types of unsatisfactory job performance occur after the director receives a second (final) warning, the board may dismiss the director for unsatisfactory job performance. Before the board decides to dismiss the director for unsatisfactory job performance, 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. 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. A dismissal for unsatisfactory job performance may take effect at any time within 14 days from the date of the written notice of dismissal.

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