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Council adopts ordinance codifying state rules on administrative leave for employees accused of misconduct
Summary
The council voted 12-1 April 15 to adopt an ordinance that aligns Holyoke's handling of administrative leave with state law, including language on suspension without pay and application to collective-bargaining agreements.
The Holyoke City Council voted 12-1 on April 15 to adopt an ordinance that codifies how the city handles administrative leave for employees who face criminal or misconduct allegations.
The ordinance clarifies that, consistent with state law, an appointing authority may suspend an employee without pay in certain cases and explains when the ordinance does and does not apply to positions covered by collective-bargaining agreements. The measure passed after committee review and a recommendation that it be sent to the full council without a recommendation.
Why it matters: Councilors said the change simply puts local ordinance language in alignment with existing state requirements so city practice and the municipal code reflect the same standard for suspension without pay. Councilor Jardine, who reported out the ordinance from the Ordinance Committee, said the law department issued a legal opinion and provided guidance on the measure's application and exclusions.
Council debate and vote: The ordinance cleared first and second reading at the April 15 meeting after brief discussion in committee. Questions addressed included the ordinance's interplay with collective bargaining agreements and whether elected officials are covered. The council approved the ordinance on a roll-call vote of 12 in favor and 1 opposed. Councilor Bartley was recorded as the lone no vote.
Text and next steps: The ordinance adds specific language to local code to ensure the city's written rules align with the state law standard for suspending an employee without pay pending adjudication. The measure takes effect on adoption and will be posted by the clerk as part of the city's codified ordinances; the law department issued an opinion that informed the committee's edits and clarifications.
Councilors said they plan to monitor enforcement and to consult with the law department and collective-bargaining representatives to implement the ordinance consistently.
