Q In light of Section 21-31-23 granting each person in the “classified civil service” the right to respond to the reasons given for termination /removal in writing and orally before the “official charged with the responsibility of making the termination decision,” may a municipality delegate the authority to conduct the hearing to a chief administrative officer?

A No, while the mayor and board of aldermen may delegate administrative duties and functions to the chief administrative officer pursuant to Section 21-3-25(3), they may not delegate their statutory responsibilities. Section 21-31-23 requires the “official charged with the responsibility of making the termination decision,” to conduct the hearing. Accordingly, the municipality may not delegate the authority to hold the pre-termination hearing. (Attorney General’s Opinion to Abide, February 10, 2017)