NORTH ATTLEBORO - A disciplinary hearing related to misuse of cash in the building department was canceled Thursday after Building Inspector John "Al" Spaulding officially tendered his resignation.

Spaulding's resignation came just days before Monday's disciplinary hearing, but not because of it. He was offered a job as building inspector in Wilmington this week.

His last day in North Attleboro will be on July 6, and he will start the following day in Wilmington.

Selectmen were unsure whether the disciplinary hearing should be conducted since Spaulding has now resigned, but a letter from Labor Counsel Paul Mulkern urged the board to cancel it.

Mulkern said if the board proceeded with a termination hearing, Spaulding could file a grievance, which would wind up in an arbitrator's hands. If the arbitrator found that Spaulding was not fired for cause, he would be reinstated with back pay, a costly proposition for the town. The town would also have to pay for half of the arbitration cost. After reading the letter, selectmen unanimously voted to cancel the hearing. However, some selectmen objected to Mulkern's characterization of the hearing as a "termination hearing."

"When did this hearing become a termination hearing? It was always described to me as a disciplinary hearing," Selectman Paul Belham said. Town Administrator Mark Fisher said the notice sent to Spaulding noted that the hearing was a "disciplinary hearing," not a "termination hearing."

Selectmen planned to hold a hearing next week to determine whether disciplinary action is warranted for Spaulding after learning staff at the building department used photocopy fees collected from the public to buy coffee, food and birthday cakes for fellow employees. The $1 per page copying fee was supposed to be turned over to the town treasurer's office, which verified it had not received any cash from the office since at least 2006.

Police conducted an extensive investigation into the matter but said evidence in the case did not warrant prosecution. Fisher said the town is revamping its regulations.

on how cash will be handled.

The new process will utilize numbered receipts and cash boxes and bags that will be turned into the town treasurer's office each night.