§ 28:10-a — Discharge or Suspension from Employment

I. Before any county may discharge, remove, or suspend an employee as provided in paragraphs II-IV, the county commissioners shall first adopt and establish rules and procedures for the discharge, removal, or suspension of its employees. Each county employee shall receive a copy of the rules and procedures which the county adopts. Nothing in this section shall be construed so as to limit negotiations under, or the applicability of, RSA 273-A. In the event that rules or procedures adopted by the county commissioners conflict with an agreement negotiated pursuant to RSA 273-A, the provisions of the collective bargaining agreement shall prevail.
II. Any employee of a county institution who has served at least one year shall not be discharged, removed, or suspended from employment except for dishonesty, intoxication, immoral behavior or other misconduct, neglect of duty, negligence, willful insubordination, lack of cooperation, inefficiency, incapacity or unfitness to perform his duties, or for the good of the institution to which he is assigned, and subject to the following conditions:
(a) Prior to the discharge or removal of any such employee, a statement of the grounds and reasons for the discharge or removal shall be prepared by the county commissioners and signed by a majority of the county commissioners. Notice of the grounds and reasons shall be given to said employee not less than 10 days nor more than 30 days prior to the effective date of such discharge or removal.
(b) Any such employee may be suspended at any time, without prior notice, for a period not to exceed 10 days.
III. Within 30 days of receipt of the notice under subparagraph II(a), or within 10 days of the first day of suspension under subparagraph II(b), the employee may request in writing a public hearing on such notice or suspension before the county personnel committee, consisting of the chairman, vice-chairman and clerk of the county convention, except if said employee is covered by a collective bargaining agreement under RSA 273-A, in which case the employee's hearing and discharge, removal, or suspension proceedings shall be held pursuant to the provisions of the agreement. If, upon such hearing, said committee finds good cause for discharge, removal, or suspension of the employee, they shall approve his discharge, removal, or suspension as ordered or approved by the county commissioners. The personnel committee may establish reasonable rules for procedure and the admission of evidence and shall keep a record of all proceedings under this section. Any action or decision made under this section shall be subject to rehearing and appeal as provided in RSA 541. The county personnel committee, when acting under the provisions of this section, shall be deemed a commission within the meaning of RSA 541:1.
IV. The salary of said employee shall terminate or be suspended on the effective date of his discharge, removal, or suspension; provided, however, that if the employee has been discharged, removed, or suspended without good cause, he shall be reinstated to his former position without loss of pay for the period of suspension and shall be reimbursed for his legal costs and reasonable attorneys' fees as determined by the personnel committee or, in the event of appeal from its ruling, by the supreme court. This section shall not apply to county employees laid off by reason of abolition of a position, change in organization, lack of work, or insufficient funds.
V. For purposes of this section, the term "employee" shall not include individuals who are employed on a per diem, on call, or seasonal basis, or are part-time less than 20 hours per week, or otherwise employed on an infrequent basis.

Legislative History

1959, 295:1. 1963, 113:1. 1977, 9:1. 1983, 156:1. 1986, 71:1. 1988, 89:5, eff. June 17, 1988. 2011, 153:1, eff. Aug. 7, 2011.