Common use of Discipline or Discharge Clause in Contracts

Discipline or Discharge. It is agreed that the Fire Chief can be disciplined or discharged only for just cause, upon proper notice and only after hearing at which the Fire Chief shall have the right to be represented by counsel. The Fire Chief shall have the option of choosing whether or not any such hearing shall be closed to the public or be held as an open or public hearing. Disciplinary action shall require a majority vote of the Board of Selectmen. The principle of progressive discipline will apply and the Town recognizes its obligation to provide the Chief with annual performance evaluations. It is understood that the principle of progressive discipline need not apply for a more serious, egregious offense where suspension or termination might be the appropriate action. • The Fire Chief may appeal any discipline or discharge of a committee of arbitrators consisting of three (3) persons. The three persons shall be chosen as follows: one by the Town, one by the Fire Chief, and one by the two so chosen. A majority of the three (3) member committee shall be sufficient to uphold or to reverse the discipline or discharge decision. The Arbitration panel’s decision shall be final and binding upon the parties • In the event that the arbitration panel reverses the dismissal decision of the Board of Selectmen, the remedy shall consist of back pay from the date of termination and front pay to the expiration date of this agreement but no reinstatement shall apply.