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Tuesday, August 25, 2009

Could Burke be in violation of the town charter if convicted of a crime?

For someone who lives in Danbury, my email box is full of questions regarding Bethel First Selectman Bob Burke.

Someone passed along this tidbit from the Town of Bethel's charter:

Chapter 19 Section 11: Disciplinary action (take note of subsection 12)

A. Disciplinary action against any regular employee in the classified service shall be taken only for cause, and the following procedures shall apply. Records of disciplinary action shall be maintained in the employee's personnel file and a copy given to the employee.

B. Cause for disciplinary action. A department head or the appointing authority may reprimand, demote, withhold pay increases, suspend, dismiss or otherwise discipline an employee for reasons such as, but not limited to, the following:

(1) Violation of these rules.

(2) Dishonesty in the performance of duties.

(3) Consumption of alcohol or the illegal use of drugs on the job.

(4) Reporting for work unfit for duty.

(5) Recklessness or negligence on the job.

(6) Inefficiency.

(7) Tardiness or absenteeism.

(8) Engaging in unauthorized work or activity while on duty.

(9) Failure, refusal or inability to perform a normal quantity and quality of work.

(10) Failure to obey a reasonable order, either written or oral, provided that nothing in this subsection shall be construed to require an employee to commit an unlawful act.

(11) The use of abusive language to a supervisor, coworker or the public.

(12) Conviction of a crime involving moral turpitude.

(13) Fraudulently obtaining sick or injury leave.

(14) Insubordination.

(15) Other due and sufficient cause.

Moral turpitude is defined as the following:
Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals.


The question that was posed to me is what happens if Burke takes a plea deal? Would his taking a plea deal equate to him being convicted of a crime? If the answer is yes, then could the town of Bethel bring disciplinary action against him?

This whole thing is getting stranger by the minute...

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