New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 28:10-a (2024)
Discharge or Suspension from Employment
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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28:10-a Discharge or Suspension from Employment. –
I. Before any county may discharge, remove, or suspend an employee as provided in paragraphs II-IV, the county commissioners shall first adopt and establish rules and procedures for the discharge, removal, or suspension of its employees. Each county employee shall receive a copy of the rules and procedures which the county adopts. Nothing in this section shall be construed so as to limit negotiations under, or the applicability of, RSA 273-A. In the event that rules or procedures adopted by the county commissioners conflict with an agreement negotiated pursuant to RSA 273-A, the provisions of the collective bargaining agreement shall prevail.
II. Any employee of a county institution who has served at least one year shall not be discharged, removed, or suspended from employment except for dishonesty, intoxication, immoral behavior or other misconduct, neglect of duty, negligence, willful insubordination, lack of cooperation, inefficiency, incapacity or unfitness to perform his duties, or for the good of the institution to which he is assigned, and subject to the following conditions:
(a) Prior to the discharge or removal of any such employee, a statement of the grounds and reasons for the discharge or removal shall be prepared by the county commissioners and signed by a majority of the county commissioners. Notice of the grounds and reasons shall be given to said employee not less than 10 days nor more than 30 days prior to the effective date of such discharge or removal.
(b) Any such employee may be suspended at any time, without prior notice, for a period not to exceed 10 days.
III. Within 30 days of receipt of the notice under subparagraph II(a), or within 10 days of the first day of suspension under subparagraph II(b), the employee may request in writing a public hearing on such notice or suspension before the county personnel committee, consisting of the chairman, vice-chairman and clerk of the county convention, except if said employee is covered by a collective bargaining agreement under RSA 273-A, in which case the employee's hearing and discharge, removal, or suspension proceedings shall be held pursuant to the provisions of the agreement. If, upon such hearing, said committee finds good cause for discharge, removal, or suspension of the employee, they shall approve his discharge, removal, or suspension as ordered or approved by the county commissioners. The personnel committee may establish reasonable rules for procedure and the admission of evidence and shall keep a record of all proceedings under this section. Any action or decision made under this section shall be subject to rehearing and appeal as provided in RSA 541. The county personnel committee, when acting under the provisions of this section, shall be deemed a commission within the meaning of RSA 541:1.
IV. The salary of said employee shall terminate or be suspended on the effective date of his discharge, removal, or suspension; provided, however, that if the employee has been discharged, removed, or suspended without good cause, he shall be reinstated to his former position without loss of pay for the period of suspension and shall be reimbursed for his legal costs and reasonable attorneys' fees as determined by the personnel committee or, in the event of appeal from its ruling, by the supreme court. This section shall not apply to county employees laid off by reason of abolition of a position, change in organization, lack of work, or insufficient funds.
V. For purposes of this section, the term "employee" shall not include individuals who are employed on a per diem, on call, or seasonal basis, or are part-time less than 20 hours per week, or otherwise employed on an infrequent basis.
I. Before any county may discharge, remove, or suspend an employee as provided in paragraphs II-IV, the county commissioners shall first adopt and establish rules and procedures for the discharge, removal, or suspension of its employees. Each county employee shall receive a copy of the rules and procedures which the county adopts. Nothing in this section shall be construed so as to limit negotiations under, or the applicability of, RSA 273-A. In the event that rules or procedures adopted by the county commissioners conflict with an agreement negotiated pursuant to RSA 273-A, the provisions of the collective bargaining agreement shall prevail.
II. Any employee of a county institution who has served at least one year shall not be discharged, removed, or suspended from employment except for dishonesty, intoxication, immoral behavior or other misconduct, neglect of duty, negligence, willful insubordination, lack of cooperation, inefficiency, incapacity or unfitness to perform his duties, or for the good of the institution to which he is assigned, and subject to the following conditions:
(a) Prior to the discharge or removal of any such employee, a statement of the grounds and reasons for the discharge or removal shall be prepared by the county commissioners and signed by a majority of the county commissioners. Notice of the grounds and reasons shall be given to said employee not less than 10 days nor more than 30 days prior to the effective date of such discharge or removal.
(b) Any such employee may be suspended at any time, without prior notice, for a period not to exceed 10 days.
III. Within 30 days of receipt of the notice under subparagraph II(a), or within 10 days of the first day of suspension under subparagraph II(b), the employee may request in writing a public hearing on such notice or suspension before the county personnel committee, consisting of the chairman, vice-chairman and clerk of the county convention, except if said employee is covered by a collective bargaining agreement under RSA 273-A, in which case the employee's hearing and discharge, removal, or suspension proceedings shall be held pursuant to the provisions of the agreement. If, upon such hearing, said committee finds good cause for discharge, removal, or suspension of the employee, they shall approve his discharge, removal, or suspension as ordered or approved by the county commissioners. The personnel committee may establish reasonable rules for procedure and the admission of evidence and shall keep a record of all proceedings under this section. Any action or decision made under this section shall be subject to rehearing and appeal as provided in RSA 541. The county personnel committee, when acting under the provisions of this section, shall be deemed a commission within the meaning of RSA 541:1.
IV. The salary of said employee shall terminate or be suspended on the effective date of his discharge, removal, or suspension; provided, however, that if the employee has been discharged, removed, or suspended without good cause, he shall be reinstated to his former position without loss of pay for the period of suspension and shall be reimbursed for his legal costs and reasonable attorneys' fees as determined by the personnel committee or, in the event of appeal from its ruling, by the supreme court. This section shall not apply to county employees laid off by reason of abolition of a position, change in organization, lack of work, or insufficient funds.
V. For purposes of this section, the term "employee" shall not include individuals who are employed on a per diem, on call, or seasonal basis, or are part-time less than 20 hours per week, or otherwise employed on an infrequent basis.
Source. 1959, 295:1. 1963, 113:1. 1977, 9:1. 1983, 156:1. 1986, 71:1. 1988, 89:5, eff. June 17, 1988. 2011, 153:1, eff. Aug. 7, 2011.
Notes of Decisions
Cited in 12
cases, 1980–2016 · leading case: Trachy v. LaFramboise, 770 A.2d 1097 (N.H. 2001).
Trachy v. LaFramboise, 770 A.2d 1097 (N.H. 2001). “The plaintiffs petitioned the trial court for a declaration that the commissioners had neither the duty nor authority to review the sheriff’s discipline of his deputies and that RSA 28:10-a (2000) did not entitle the defendant to such a review.”
In re Merrimack Cnty. (Nh Pelrb), 930 A.2d 1202 (N.H. 2007). “Foote under the collective bargaining agreement? If not, what shall the remedy be?" In its brief to the arbitrator, the county agreed that "under RSA 28:10-a, County employees who have been employed for more than one year are entitled to a `good cause' standard of discharge.”
Linehan v. Rockingham Cnty. Commissioners, 855 A.2d 1271 (N.H. 2004). “” RSA 28:10-a, I. Thus, we agree with the trial court’s ruling that: [E]mployees within the Sheriffs Department, other than deputy sheriffs, are not immune from county-wide personnel policies and procedures that have been adopted and implemented by the Commissioners.”
Silva v. Botsch, 437 A.2d 313 (N.H. 1981). “RSA 28:10-a (Supp. 1979). Local officials should have the same privilege.”
Foster v. Town of Hudson, 441 A.2d 1183 (N.H. 1982). “179), and county officials, under RSA 28:10-a (Supp. 1979), are able to obtain costs and fees when they successfully resist removal.”
Town of Littleton v. Taylor, 640 A.2d 780 (N.H. 1994). “2d 1183, 1184 (1982); see RSA 4:1, IV (1988); RSA 28:10-a, IV (1988). We have held that local officials should have the same privilege.”
Appeal of Strafford Cnty. Commissioners, 480 A.2d 135 (N.H. 1984). “Memorandum Opinion This case is an appeal pursuant to RSA chapter 541 from rulings of the Strafford County Personnel Committee (personnel committee), an administrative body created by RSA 28:10-a (Supp. 1983). RSA 28:10-a (Supp.”
Appeal of Theresa Young, No. 2015-0354 (N.H. Feb. 18, 2016). “See RSA 28:10-a (Supp. 2015). She argues that the evidence did not support findings that she engaged in actionable misconduct for purposes of RSA 28:10-a.”
McManus v. Cheshire Cnty., NH, No. CV-96-223-SD (D.N.H. Nov. 24, 1997). “” The United States Supreme Court has held that state statutes that confer the right to continued employment except upon removal for cause create a constitutionally protected property interest.”
Rhude v. Belknap Cnty., NH, 2000 DNH 234 (D.N.H. 2000). “The letter of suspension he sent Rhude stated, "If you are found to share any responsibility for the incident, you are subject to disciplinary action under RSA 28:10-a. If you have any 3 questions, please feel free to contact me.”
Est. of Kelley v. Hillsborough Cnty. Pers. Comm., 423 A.2d 607 (N.H. 1980). “On November 13, 1979, the estate of Alfred Kelley, claiming that death prior to official termination of employment does not prevent the estate from appealing the termination proceedings under RSA 28:10-a (Supp. 1979) (Discharge From Employment), filed a notice of appeal with the…”
McManus v. Cheshire Cnty., NH, No. CV-96-223-SD (D.N.H. Oct. 10, 1996). “The governing statute is RSA 28:10-a, III. That statute vests the county personnel committee with the power of hearing on notices of discharges or suspension of employment, and the results of such hearing are subject to rehearing and appeal as provided in RSA 541.”
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