Employment Law/Employer

Municipal Employment

Municipal employers are considered part of the "state" under the U.S. Constitution. Thus, action taken by a municipal employer is often considered "state" action, and therefore must conform to certain Constitutional requirements.

A municipal employee may have a property interest in his or her job, particularly if the state or local civil service system mandates that the employer may only fire the employee with just cause. A municipal employee may also have a liberty interest in his or her reputation, which could be damaged if the employer fires the employee or publicizes the reason for his or her firing or discipline. Under the Fourteenth Amendment to the U.S. Constitution, no citizen may be deprived of a property or liberty interest without due process of law. Due process generally must include notice of the reason for the decision to fire or discipline the employee, and a hearing. Therefore, a municipal employee often may not be fired or disciplined without first being given notice and an opportunity to present evidence on his or her behalf.

In some circumstances, the U.S. Constitution protects municipal employees from unreasonable searches and seizures. As a result, any area in which a municipal employee has a "reasonable expectation of privacy" receives some Fourth Amendment protection from employer searches. A municipal employer may limit the areas in which an employee has a reasonable expectation of privacy by establishing clear policies justifying searches. For example, a city's law enforcement agency might enact a policy allowing it to search employee desks and lockers to preserve evidence from theft and ensure that its police are law-abiding.

The First Amendment may also protect certain types of speech by municipal employees. Speech by a government employee on a matter of "public concern" may be protected so long as it does not unduly disrupt the employer's business. Therefore, a municipal employee may not be fired or disciplined solely for bringing to light allegations of discrimination in a police department, for example. This area of the law is heavily litigated, and many lawsuits turn on whether the government employee's speech is truly on a matter of public concern, or whether it is merely a private human relations issue.

Most municipalities, either voluntarily or pursuant to state law, have also enacted their own civil service systems, which set forth rules governing hiring, discipline, and firing. Such a system will generally list the reasons for which an employee may be disciplined or fired, include a procedure to be followed, and provide an elaborate grievance procedure that an employee must follow if he or she opposes a decision by the employer. Both the municipal employer and the employee must comply with any existing civil service system.

On the contrary, municipalities are exempt from some of the requirements of federal wage and hour law, such as the bar on deducting from the pay of white collar or exempt employees for absences of less than a full week. Because a municipality is financed by tax dollars, the writers of federal wage and hour laws determined that it should not be forced to pay employees who are not actually working. Likewise, a municipality, unlike a private employer, may offer its employees "compensatory time" in lieu of overtime, meaning that a public employer may allow that employee to take paid time off from work in the future, instead of paying an hourly employee extra wages.

Many municipal employees are also represented by a union, such as the Association of Federal, State, County, and Municipal Employees (AFSCME), and if so, the employer may be required to comply with the terms of various union contracts when managing employees. Veterans are often afforded special protections by municipalities, such as the right to an additional hearing before being fired. It is also important to note that many states have additional laws and regulations governing the treatment of municipal employees. To discuss specific issues regarding municipal employment practices, contact an employment lawyer in your area who has experience with municipal employment matters.

How Employment Law Attorneys Can Help Employers

To read and print out a copy of the checklist, please follow link below.

How Employment Law Attorneys Can Help Employers

You can download a free copy of Adobe Acrobat Reader here

Copyright © 2008 FindLaw, a Thomson Reuters business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

View Previous Selections