the municipal secretary desktop reference manual - Southwestern ...

Commentary
The Fourteenth Amendment to the United States Constitution prohibits states and their local governments
from depriving a person of "life, liberty, or property... without due process of law." A number of
significant court cases in recent years have brought clarification to this language as it pertains to public
personnel management. Once an employee has passed a probationary period, and has performed
satisfactorily, there is a legitimate expectation of continued employment as long as the job exists. In other
words, as interpreted by the courts, the job becomes the property of the employee, and the government
cannot act to deprive the individual of it in an arbitrary or capricious manner. The due process called for in
the standard is the minimum that the courts will accept.
5. Lines of authority and responsibility within the municipal organization are clearly established
for all employees.
Commentary
Each employee needs to know to whom he or she is immediately responsible and accountable for
performance and conduct. There is a rule in public administration which provides that each employee
should be accountable to one, and only one, individual. This may prove difficult in a small jurisdiction
where an individual may feel, and perhaps is, accountable to each member of the governing body. And this
does, of course, open the possibility of several immediate "bosses" and often conflicting direction and
orders. Each municipality will have to decide on how best to meet this standard, and cast it in the form of a
policy. The sample Administrative Code in the Management Resource Manual should be helpful in
implementing this standard.
6. A grievance procedure is in place covering all employees, union and non-union.
Commentary
It is to the advantage of all parties concerned to have grievances resolved quickly, at the appropriate level,
and through a mutually agreed upon procedure. Such procedures are in keeping with the need for fairness
in resolving employee concerns, and are in keeping with the spirit and law of due process. Typically, "atwill"
employees -- key management personnel who serve at the pleasure of the governing body, such as the
manager -- are not included in formal grievance procedures.
FACTOR:
PERSONNEL RECORDS
Standards
1. A comprehensive file is maintained on each employee which includes such documents as the
original job application, record of hire, job changes, promotions, disciplinary actions,
commendations, performance evaluations, and training.
Commentary
Personnel files are important for historical reasons. They are support other personnel actions such a
promotions and disciplinary decisions.
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