Accident Review Board. All accidents involving board vehicles, machinery or equipment shall be reported immediately and shall be reviewed by an accident review board. A reportable accident is any accident involving a Board vehicle, equipment or machinery which results in property damage and/or personal injury regardless of who is injured or what property is damaged, to what extent or where it occurs, regardless of who is responsible. The accident review board shall be composed of six (6) members as follows: three (3) management representatives selected annually by the Superintendent or designee from the various school operations, one (1) representative from the 568 Local and two (2) representatives from the 205 Local. Each bargaining unit representative shall be elected annually by the respective bargaining unit membership from those members who have completed at least one (1) year of accident-free and citation-free driving. The board shall meet as necessary if there are accidents to review. Following a thorough review of the accident report prepared by the driver or operator of the Board vehicle, machinery or equipment and other such evidence as the accident review board deems appropriate, the accident review board shall render a determination regarding the ability to avoid the accident on the part of the driver or operator. The accident review board's determination of the ability to avoid the accident shall be based upon whether any reasonable act on the part of the driver or operator could have been performed that might have avoided the accident. The accident review board shall also make recommendations for such preventive measures which could have avoided the accident. The accident review board's findings and recommendations shall be reduced to writing with copies forwarded to the employee, the employee's supervisor, the employee's personnel file and the Superintendent or designee. The findings and recommendations of the accident review board shall have no bearing on any disciplinary proceeding under Article 28.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Accident Review Board. All (a) There shall be an Accident Review Board to review vehicular accidents involving board police vehicles, machinery or equipment shall be reported immediately and shall be reviewed by an accident review board. A reportable accident is any accident involving a Board vehicle, equipment or machinery which results in property damage and/or personal injury regardless of who is injured or what property is damaged, to what extent or where it occurs, regardless of who is responsible. The accident review board Accident Review Board shall be composed of six two (62) members as follows: three (3) management representatives selected annually officers appointed by the Superintendent or designee from the various school operations, one (1) representative from the 568 Local Lodge and two (2) representatives from officers appointed by the 205 LocalChief. Each bargaining unit representative The Chief shall appoint a commander to be the chairman, who shall vote only in case of a tie. Board members who are off-duty at the time shall be elected annually by compensated at the overtime rate of pay during their attendance at Accident Review Board hearings. The respective bargaining unit membership from those members who have completed at least of the Accident Review Board shall be appointed effective January 1 of each year and shall serve for one (1) year year. Officers who are involved in vehicular accidents while operating department-owned vehicles may be interviewed about the facts of accident-free and citation-free driving. The board shall meet as necessary if there are those accidents to review. Following a thorough review by employees or agents of the accident report insurance company insuring such vehicles. Such interviews shall be conducted at a reasonable time and place. Nothing in the interviews, and no statements prepared as a result of those interviews, shall be used by the driver or operator of the Board vehicledepartment in any manner in seeking discipline against an officer, machinery or equipment and other such nor as evidence as the in any manner in any accident review board hearing, grievance board hearing or arbitration. The Accident Review Board shall review accidents involving police vehicles to determine whether or not the officer involved was negligent. Tie votes shall be resolved by a decision of the chairman or in his absence the designated Commander. The Accident Review Board shall be empowered to hold whatever hearings and interviews of witnesses it deems appropriatenecessary to fulfill its purpose. The Accident Review Board shall conduct its hearings monthly, giving at least five (5) calendar days notice to officers of such hearings. Accidents involving police vehicles which occur less than fourteen (14) calendar days prior to the accident review board third Wednesday of a month shall render a determination regarding not be heard until the ability succeeding month's hearing. The Accident Review Board shall report its findings along with reasons in support thereof to avoid the accident Chief on the part of the driver or operator. The accident review board's determination of the ability to avoid the accident shall be based upon whether any reasonable act on the part of the driver or operator could have been performed date that might have avoided the accident. The accident review board shall also make recommendations for such preventive measures which could have avoided the accident. The accident review board's findings and recommendations shall be a decision is reduced to writing with copies forwarded to the employee, the employee's supervisor, the employee's personnel file and the Superintendent or designeewriting. The findings and recommendations Discipline imposed as a result of the accident review board shall be imposed within fourteen (14) calendar days of the date that the decision of the accident review board is reported to the chief, which time may be extended by mutual written agreement. If the Chief imposes discipline as a result of the findings of the Accident Review Board, which results in an officer's suspension of four (4) work days or less, the officer shall have no bearing on right to appeal this action to the Grievance Board. A suspension of five (5) work days or more may be appealed. Officers may use accumulated vacation, holiday or regular overtime days in order to receive such pay for disciplinary suspensions, provided, if an officer is found negligent in excess of two (2) times in any disciplinary proceeding under Article 28consecutive twelve (12) month period, he may not use vacation, holiday or regular overtime days in order to receive pay for the third and succeeding suspensions.
Appears in 1 contract
Samples: Memorandum of Understanding
Accident Review Board. All (a) There shall be an Accident Review Board to review vehicular accidents involving board police vehicles, machinery or equipment shall be reported immediately and shall be reviewed by an accident review board. A reportable accident is any accident involving a Board vehicle, equipment or machinery which results in property damage and/or personal injury regardless of who is injured or what property is damaged, to what extent or where it occurs, regardless of who is responsible. The accident review board Accident Review Board shall be composed of six two (62) members as follows: three (3) management representatives selected annually officers appointed by the Superintendent or designee from the various school operations, one (1) representative from the 568 Local Lodge and two (2) representatives from officers appointed by the 205 LocalChief. Each bargaining unit representative The Chief shall appoint a commander to be the chairman, who shall vote only in case of a tie. Board members who are off-duty at the time shall be elected annually by compensated at the overtime rate of pay during their attendance at Accident Review Board hearings. The respective bargaining unit membership from those members who have completed at least of the Accident Review Board shall be appointed effective January 1 of each year and shall serve for one (1) year year. Officers who are involved in vehicular accidents while operating department-owned vehicles may be interviewed about the facts of accident-free and citation-free driving. The board shall meet as necessary if there are those accidents to review. Following a thorough review by employees or agents of the accident report insurance company insuring such vehicles. Such interviews shall be conducted at a reasonable time and place. Nothing in the interviews, and no statements prepared as a result of those interviews, shall be used by the driver or operator of the Board vehicledepartment in any manner in seeking discipline against an officer, machinery or equipment and other such nor as evidence as the in any manner in any accident review board deems appropriatehearing, grievance board hearing or arbitration. The Accident Review Board shall review accidents involving police vehicles to determine whether or not the accident review board officer involved was negligent. Tie votes shall render be resolved by a determination regarding the ability to avoid the accident on the part decision of the driver chairman or operatorin his absence the designated Commander. The accident review board's determination of the ability to avoid the accident Accident Review Board shall be based upon whether any reasonable act on the part empowered to hold whatever hearings and interviews of the driver or operator could have been performed that might have avoided the accidentwitnesses it deems necessary to fulfill its purpose. The accident review board Accident Review Board shall also make recommendations for conduct its hearings monthly, giving at least five (5) calendar days notice to officers of such preventive measures hearings. Accidents involving police vehicles which could have avoided occur less than fourteen (14) calendar days prior to the accidentthird Wednesday of a month shall not be heard until the succeeding month's hearing. The accident review board's Accident Review Board shall report its findings and recommendations shall be along with reasons in support thereof to the Chief. On the date that a decision is reduced to writing with copies forwarded to the employee, the employee's supervisor, the employee's personnel file and the Superintendent or designeewriting. The findings and recommendations Discipline imposed as a result of the accident review board shall be imposed within fourteen (14) calendar days of the date that the decision of the accident review board is reported to the chief, which time may be extended by mutual written agreement. If the Chief imposes discipline as a result of the findings of the Accident Review Board, which results in an officer's suspension of four (4) work days or less, the officer shall have no bearing on right to appeal this action to the Grievance Board. A suspension of five (5) work days or more may be appealed. Officers may use accumulated vacation, holiday or regular overtime days in order to receive such pay for disciplinary suspensions, provided, if an officer is found negligent in excess of two (2) times in any disciplinary proceeding under Article 28consecutive twelve (12) month period, he may not use vacation, holiday or regular overtime days in order to receive pay for the third and succeeding suspensions.
Appears in 1 contract
Samples: Memorandum of Understanding