An Act to Authorize Inferior Executives

Legislature State Legislature
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An Act to Authorize Inferior Executives

PREAMBLE: To fix the legal ambiguity presented by “A Bill to Fix Inferior Government Cabinets” and formalize the authority the County Executive and Municipal Mayors have over their cabinets and employees.

STATE OF FIRESTONE
JANUARY 3rd, 2023

SECTION I: SEVERABILITY; EFFECTIVENESS; DEFINITIONS

  1. This act shall be deemed effective once all conditions outlined by the constitution necessary for its passage are fulfilled properly.

     b. The “Fairer Employment Act” shall be defined as: Fairer Employment Act

     c. “A Bill to Fix Inferior Government Cabinets”, defined as, A Bill to Fix Inferior Government Cabinets, shall be repealed in its entirety.

SECTION II: COUNTY

  1. The County Executive shall be exempt from the “Fairer Employment Act” when relieving or disciplining the heads of executive departments and agencies of Stapleton County, and shall instead, follow the rules and regulations detailed in this act.
  2. The County Executive shall have the authority to, though not required, produce a set of fair and just rules and regulations, that shall apply to the heads of executive departments and agencies of Stapleton County. These rules and regulations can be nullified by the Stapleton County Council with a super-majority vote.
  3. The County Executive shall only have the authority to relieve or discipline the heads of executive departments and agencies of Stapleton County for violations of the aforementioned rules and regulations, any other punishable offenses defined by state or county law, and instances of treason, bribery, gross misconduct, ineptitude, neglect of duty, inactivity, or commission of a felony or misdemeanor as defined by law.
  4. Heads of executive departments and agencies of Stapleton County shall be informed of the accusations against them prior to official enactment of disciplinary measures.
  5. The County Executive shall not violate the Bill of Rights or relevant statute protecting individuals from discrimination when disciplining heads of executive departments and agencies of Stapleton County.
  6. The County Executive shall have the authority to discipline or punish any employee employed by a department under the jurisdiction of Stapleton County, however, they shall comply with any appropriate legislation governing disciplinary action if applicable, such as employment rights, and the Bill of Rights. Such measures must adhere to the standard disciplinary system and rules of regulations of the department that the employee is employed by and being punished as an employee of.

SECTION III: MUNICIPALITIES

  1. The Municipal Mayors shall be exempt from the “Fairer Employment Act” when relieving or disciplining the heads of executive departments and agencies of their respective municipality, and shall instead, follow the rules and regulations detailed in this act.
  2. Each municipal mayor shall have the authority to, though not required, produce a set of fair and just rules and regulations, that shall apply to the heads of executive departments and agencies of their respective municipality. These rules and regulations can be nullified by the municipality’s council (or reasonable variant) with a super-majority vote.
  3. Each municipal mayor shall only have the authority to relieve or discipline the heads of executive departments and agencies of their respective municipality for violations of the aforementioned rules and regulations, any other punishable offenses defined by state, county, or respective municipality’s law, and instances of treason, bribery, gross misconduct, ineptitude, neglect of duty, inactivity, or commission of a felony or misdemeanor as defined by law.
  4. Heads of executive departments and agencies of a municipality shall be informed of the accusations against them prior to official enactment of disciplinary measures.
  5. A municipal mayor shall not violate the Bill of Rights or relevant statute protecting individuals from discrimination when disciplining heads of executive departments and agencies of their respective municipality.
  6. A municipal mayor shall have the authority to discipline or punish any employee employed by a department under their jurisdiction, however, they shall comply with any appropriate legislation governing disciplinary action if applicable, such as employment rights, and the Bill of Rights. Such measures must adhere to the standard disciplinary system and rules of regulations of the department that the employee is employed by and being punished as an employee of.

SECTION IV: APPEAL; ADDITIONAL REGULATIONS

  1. Heads of executive departments or agencies at the county or municipal level who believe they have been wrongly terminated, falsely identified, or subsequently punished for the actions of another, their actions resulting in punishment were not in accordance of this act, shall first appeal their punishment to the County Executive if a Stapleton County department, or respective Mayor if a municipal department. Should an employee’s appeal be denied, or 7 days have passed since the appeal’s initial submission, they shall retain the right to pursue redress from the individual in question in the civil courts of Firestone if the individual has breached this law during the disciplinary, punitive, or appellate process.
  2. Employees who have been punished by the County Executive or a municipal mayor and believe they have been wrongly terminated, falsely identified, or subsequently punished for the actions of another, their actions resulting in punishment were not in violation of their department head(s)’s regulations, that such punishment was not adherent to the standard disciplinary system, or that such punishment was in violation of this act or the Fairer Employment Act, and were not punished or disciplined by the administration of the Department of Public Safety or by its administration’s orders, shall first appeal their punishment to the County Executive or municipal mayor that punished them. Should an employee’s appeal be denied, or 7 days have passed since the appeal’s initial submission, they shall retain the right to pursue redress from the individual who punished them in the civil courts of Firestone if the individual breached the law during the disciplinary, punitive, or appellate process.
  3. Should a department head's or employee’s civil court case be successful, it shall be the responsibility of the individual who issued the punishment to rectify the damage(s) done to the individual and the individual's rapport as well as can reasonably be expected.
  4. Both the County and its municipalities are allowed to enact Charter (or similar) amendments that control the authority of the County Executive and municipal Mayors to remove cabinet members, assuming these regulations are not less lenient than this law.
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