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Subject/Title
Pre-Termination Hearing
Date Effective Revision Date Effective
April 1, 2011
Code Number
City Manager
HR 22
Human Resources
Responsible Key Business
Objective: In accordance with North Carolina General Statute 160A-168(b), effective October
1, 2010, if disciplinary action of a City employee results in termination, the written notice of the
City’s final decision setting forth the specific acts and omissions that were the basis of the
termination is a matter of public record. Based on the new public records requirement, the City
is providing a name-clearing hearing before termination of all City employees not covered by
Civil Service.
Policy: The purpose of the pre-termination hearing is to review the factual basis for the
proposed termination and provide the employee an opportunity to respond to the termination
charges and present information on his/her own behalf.
Procedures
Pre-Termination Review:
Human Resources must approve the written Notice of Pre-Termination Hearing prior to
the KBU giving the Notice to Employee.
Human Resources must approve the written Termination Letter prior to the KBU giving
the Termination Letter to Employee.
Pre-Termination Notice Procedure:
The employee must be given written Notice of Pre-Termination Hearing at least 24 hours
prior to any termination. (Appendix A)
Notice of Pre-Termination must state: reason for termination, including specific acts
and/or omissions that are the basis of the termination; location of the hearing; and time
line for determination.
Notice of Pre-Termination should be given by Division Manager, or his/her designee,
with copy to KBE, City Human Resources Consultant, and Personnel file.
Hearing Procedure:
Employee must be given at least 24 hours notice of the hearing.
Hearing must be conducted by at least a Division Manager or KBE designee and the
employee’s direct supervisor. Division Manager or KBE designee must have authority to
uphold or overturn the termination. KBU HR Manager may be present. Absent unusual
circumstances, no more than three KBU representatives should be present at the Pre-
Termination Hearing.
Employee may not have legal or other representation, although employee may, to support
their position, present witnesses with direct knowledge of the acts and/or omissions cited
as the basis for termination. Employees may not present character witnesses without
direct knowledge of the termination event(s) at issue.