Terminating a publicly appointed official

Termination of a publicly appointed official—such as a clerk, administrator, fire chief, or similar position—requires careful planning because of the many legal implications in play. This article provides an overview of the stages involved in the termination process of a public employee.

Early considerations

First, before initiating the termination process, a substantial investigation supported by documentary evidence is vital. Ideally, you have the documentation in place long before the time a termination is even a possibility. Examples of the type of evidence you need to have include documentation of shortcomings in performance evaluations or a written record of events in which internal policies were violated.

Second, public employees are typically entitled to a greater level of due process than employees expect in the private sector. In many instances, public employees are entitled to a hearing, a right to call witnesses, and a written decision by a separate board or body that must evaluate certain legal standards before proceeding with termination. Thus, it’s imperative that a public employee—upon receiving notice of an intent to terminate—is given a fair opportunity to respond to allegations brought by a public body regarding termination.

If it might go public