Sec.51-275a-14.1. Initiation of removal proceedings

(a) The Chief State's Attorney may recommend the removal of any Deputy Chief State's Attorney, State's Attorney, Assistant State's Attorney or Deputy Assistant State's Attorney in the Division of Criminal Justice, unless otherwise provided by collective bargaining agreement.

(b) A State's Attorney may recommend the removal of any Assistant State's Attorney or Deputy Assistant State's Attorney serving under his supervision, unless otherwise provided by collective bargaining agreement.

(c) At any time after receiving a recommendation from the Chief State's Attorney or a State's Attorney for removal, the Commission may take whatever action it deems appropriate which may include but is not necessarily limited to one of the following actions:

(1) The Commission may dismiss the recommendation if it does not feel that the recommendation warrants further consideration by the Commission. Dismissal of a recommendation for removal is without prejudice to the Chief State's Attorney's or the appropriate State's Attorney's renewing the recommendation at a later time.

(2) The Commission may request the Chief State's Attorney or the appropriate State's Attorney to provide more information with the recommendation. The Commission may request more information more than once.

(3) The Commission may vote to initiate proceedings to consider whether or not to remove the attorney who is the subject of the recommendation.

(d) The Commission may, on its own motion, initiate proceedings to consider whether or not to remove any Deputy Chief State's Attorney, State's Attorney, Assistant State's Attorney or Deputy Assistant State's Attorney, unless otherwise provided by collective bargaining agreement.

(e) Upon a vote to initiate proceedings to consider whether or not any Deputy Chief State's Attorney, State's Attorney, Assistant State's Attorney or Deputy Assistant State's Attorney should be removed, whether upon the recommendation of the Chief State's Attorney or the appropriate State's Attorney, or by the Commission upon its own motion, the Commission shall frame the charges against the employee. Removal charges shall be in writing and shall contain: (1) the legal authority under which the removal will be considered, (2) a reference to statutes or regulations involved, (3) a concise statement of the matters asserted and of the conduct forming the basis of the charges, (4) the fact that removal is being sought, and (5) if the charges were initiated following a recommendation for removal by the Chief State's Attorney or the appropriate State's Attorney, they shall have attached to them a copy of the recommendation for removal. The Commission may also consider a form of discipline less severe than removal without the need to amend the charges or file new charges.

(f) The charges shall be served upon the employee who is the subject of charges by hand delivery or by U.S. Mail, certified, return receipt requested. Where service by hand is used, the person serving the charges shall file an affidavit with the Commission stating the manner of service. Any other notices to be provided in connection with the charges, other than notice provided on the record at a hearing, shall be sent by first class U.S. Mail, postage prepaid, certified, return receipt requested.

(Effective April 27, 1993)