E-16 - Real Estate Assessment Act

Section 41 Disposition versions

1977-12-31

41. An officer or employee of a municipal corporation who devotes his time exclusively to real estate assessment shall not be dismissed by reason only of the transfer of jurisdiction under section 33 or 34.

The resolution dismissing an officer or employee contemplated by the first paragraph must be served personally on him by sending a copy of it; the person so dismissed may appeal from such decision to the Commission which decides finally after inquiry.

Such appeal must be made within fifteen days of the time when the resolution of the council was served on him.

If the appeal is upheld, the Commission may also order the municipal corporation to pay to the appellant the amount of money which it determines to indemnify him for the expenses he incurred in such appeal; the order to that effect is homologated on motion by the appellant by the Provincial Court or, if the amount involved is three thousand dollars or more, by the Superior Court; the appellant may then proceed to execution of judgment against the municipal corporation.

1971, c. 50, s. 41; 1972, c. 46, s. 12; 1973, c. 31, s. 20.