(December 2, 2014) JACKSON, Tenn — The Madison County Law Enforcement committee will meet today. The agenda has just 2 items. Resolution concerning the Civil Service Law, and General Business.
Chairman of the committee, Commissioner Jerry Bastin wrote in an email about the meeting, “Our meeting for this month has mainly one item on the agenda. That item is discussion and passing a Resolution concerning the Civil Service Law. The attached resolution, is believed to be the best wording and solution to the improvement of the Law per Atty. (Steve) Maroney and myself (Jerry Bastin). Please review the attachment and be ready to discuss and vote. “
Information wise: Both Atty. Maroney and I, believe that the best possible route is to repeal the Madison County Sheriff’s Department Civil Service Private Act, Chapter 54 and replace it with the State version of that law with our amendments included. The attachment attempts to do just that.
The Civil Service Private Act CLICK HERE TO READ
The County Sheriff’s Civil Service Act of 1974 CLICK HERE TO READ Click on “Public Officers and Employees” + “Sheriffs” +County Sheriff’s Civil Service Law of 1974 (The County Sheriff’s Civil Service Act can be found in Title 8, Chapter 8, Part 4.  The committee is going to be discussing and possibly voting on repealing the current law and adopting the 1974 Law WITH the following amendments
The amendments contain several changes to the 1974 act and is drastically different from the current civil service law. Â Among the changes are; what are considered classified positions, how the Civil Service Board is appointed, and Terms of suspension and rights of appeal.
For Example:
Under Current Civil Service Law classified positions are given the following protections,
As amended by: Private Acts of 1986, Chapter 185.
SECTION 6. No person holding any classified position of employment shall be discharged
from the service of the department or demoted except for just cause and it is expressly intended that
engaging in any political activity or refusing to engage in any political activity shall not be just cause
for discharge, suspension or demotion of any employee holding a classified position. All persons
discharged or demoted shall have the right to be heard by the commission in his own defense, in
person or by counsel, and the action of the sheriff in discharging or demoting such person shall be
subject to the approval or disapproval of the commission. If the commission approves the discharge
or demotion, the decision shall be final. If such discharge or demotion be disapproved the employee
shall be reinstated to such position with full pay and rights from the day of discharge or demotion.
The sheriff shall have the authority to suspend any classified position holder in the department for
a period not exceeding one (1) consecutive fifteen (15) day period without approval of the
commission; provided, however, where the suspension exceeds one (1) consecutive three (3) day
period the classified position holder shall have the right to request an appeal and review by the
commission. Written request for hearing must be made within five (5) days from date of discharge,
demotion or suspension. No employee holding a classified position shall be discharged or
suspended for any act not involving moral turpitude which occurred more than six (6) months prior
to the date of discharge.
UNDER THE 1974 COUNTY SHERIFF’S CIVIL SERVICE LAW–
8-8-418. Report of changes in status required — Suspensions authorized — Hearings.
(a) The sheriff shall give an immediate report in writing of all appointments, reinstatement, vacancies, absences or other matters affecting the status of any member of the classified service or the performance of the duties of members of the classified service. The report shall be in the manner and form prescribed by the board.
(b) The sheriff may suspend any employee for not more than ten (10) days for cause, and there shall be no right of appeal for such suspension. The sheriff does not have the authority to suspend any employee for more than one (1) suspension of ten (10) days within any given six-month period of time without a right of appeal.
(c) If the sheriff suspends any employee for a period longer than ten (10) days, the suspended employee shall be notified in writing of the charges. The suspended employee shall thereafter have ten (10) days to request a hearing before the civil service board. Upon receiving the request, the board shall set a hearing, not more than thirty (30) days from the date of the receipt of the request.
IF AMENDMENT IS ADOPTED BY THE COUNTY COMMISSION THE CIVIL SERVICE LAW WOULD READ
(e) The text of Tennessee Code Annotated § 8-8-418(b), as adopted, shall be modified to read: The sheriff may suspend any employee for not more than fifteen (15) days for cause, and there shall be no right of appeal for such suspension. The sheriff does not have the authority to suspend any employee for more than one (1) suspension of fifteen (15) days within any given six-month period of time without a right of appeal.
(f) The text of Tennessee Code Annotated § 8-8-418(c), as adopted, shall be modified to read: If the sheriff suspends any employee for a period longer than fifteen (15) days, the suspended employee shall be notified in writing of the charges. The suspended employee shall thereafter have ten (10) days to request a hearing before the civil service board. Upon receiving the request, the board shall set a hearing, not more than thirty (30) days from the date of the receipt of the request.
LAW ENFORCEMENT PUBLIC SAFETY COMMITTEE MEETING
11:00 AM TUESDAY, DECEMBER 2, 2014
AT THE MADISON COUNTY FINANCE DEPARTMENT, 1981
HOLLYWOOD DRIVE, CONFERENCE ROOM, JACKSON, TENNESSEE.
Minutes Resolution concerning the Civil Service Law
General Business
