These procedures implement the policy of the Metropolitan Library Commission ensuring procedural due process of law as required by the Fourteenth Amendment to the United States Constitution.

Procedure

Before any action is taken that results in the suspension, demotion or termination of employment of a library employee who has a reasonable expectation of continued employment the following procedures will be followed:

1. When a supervisor believes that there is sufficient cause and evidence to discipline an employee through suspension, demotion or to terminate an employee, the supervisor will notify his/her own supervisor.
2. That reviewing supervisor must study the evidence and, if in agreement, notify the Director of Human Resources of the proposed action.
3. When the proposed action involves termination of employment, the employee may be placed on leave with pay, with the approval of the Executive Director, until a decision is reached. Otherwise, the employee will be expected to continue to work the scheduled hours.
4. The Director of Human Resources or other individual designated by the Director of Human Resources, serving as hearing officer, will establish a time, date and place for a pre-action hearing and will notify the affected employee, the supervisor and agency head of the hearing. At that time, the employee will be given notice of the charges and an explanation of the evidence. The employee may waive the right to a hearing or may request that the hearing go forward.
5. At the hearing, the charges will be summarized, the evidence will be recapped and the employee will be given the opportunity to respond orally, in writing or both.
6. The hearing officer will render an opinion within seventy-two (72) working hours of the close of the hearing and that opinion will be forwarded to the Executive Director. The hearing officer must determine the following:
   
   1. whether or not there are reasonable grounds to believe that the charge(s) are true
   2. whether or not the recommended action is appropriate for the charge(s)
7. The Executive Director has the following options: 
   
   1. When the decision indicates that there are reasonable grounds to believe that the charges are true the Executive Director may direct the implementation of the action or an alternate action.
   2. When the decision indicates that there are not reasonable grounds to believe that the charges are true, the Executive Director may direct that there be no further action taken.

Note: This pre-action hearing does not preclude an eligible employee from any right to appeal the action after it has been implemented through the proper grievance procedure.