HSB 661

The bill prohibits a veteran from being removed from a public position to which the veteran was appointed or employed except upon a finding of incompetency or aggravated misconduct. The bill provides that a removal of a veteran is not valid unless, prior to the removal, the veteran’s employer completes an investigation into the alleged incompetency or aggravated misconduct, gives written notice to the veteran of each charge of incompetency or aggravated misconduct and, at a pre-removal hearing held within a reasonable amount of time, a removal authority finds the veteran is incompetent or has committed aggravated misconduct and should be removed. _____ or aggravated misconduct, the date, time, and location of the veteran’s pre-removal hearing, the name and contact information for the removal authority, and a statement that the veteran has the right to a review of a removal authority’s decision by a writ of certiorari or judicial review. A writ of certiorari or petition shall be filed within 300 days of the veteran’s receipt of notice of the veteran’s removal from the removal authority. The bill requires a removal authority that determines a veteran should be removed due to incompetence or having committed aggravated misconduct, to provide the veteran written notification of the decision, the findings in support of the decision, and the veteran’s right to a review of the decision by a writ of certiorari or judicial review. The bill provides that, unless extended by consent of parties to a pre-removal hearing or for good cause, within days of receiving notice of a removed veteran’s writ of certiorari or petition for judicial review, a removal authority shall file a certified transcript of the pre-removal hearing and recorded investigatory interviews; any transcripts, reports, and other materials created as part of an investigation into alleged incompetency or aggravated misconduct; any audio or video recordings created in relation to the veteran’s removal; and the administrative record or return to the writ related to the removal with the clerk of court. The bill also requires that, upon a showing of good cause, a court shall seal submitted materials that the court determines to be confidential in nature, including but not limited to documents relating to a person’s medical history or health, financial information, and personal identifying information. _____ award equitable relief, injunctive relief, and reasonable attorney fees.7 (burden of proof).