Administrative Appeal. Employees of this Unit are "Public Officers" as defined in Penal Code Section 831.5, and are not entitled to the protections provided by the Peace Officers Procedure Bill of Rights (Government Code Section 3300 et. seq.); however, through this MOU, the County provides similar rights as specified below. As regards alleged "punitive actions" in the nature of terminations, demotions in class or salary step, and suspensions without pay only, the right to appeal such discipline to the Civil Service Commission as provided for in the foregoing section is agreed to constitute the "administrative appeal" required by Government Code Section 3300 et. seq. As regards any other alleged "punitive action" for which there exists a right of "administrative appeal" pursuant to Government Code Section 3300 et. seq., and including the appeal of a written reprimand, the following "administrative appeal" is provided: A. Within ten (10) working days from the effective date of such punitive action, the employee must submit in writing a “Notice of Appeal” to the Sheriff or designee acting in the capacity of Administrative Appeal Officer, together with any and all documents supporting the employee's appeal including statements from any witnesses. Failure to submit a “Notice of Appeal” to the Sheriff or designee within the time period prescribed shall constitute an absolute waiver of the right to an "administrative appeal" pursuant to Government Code Section 3300 et. seq. B. The Sheriff or designee must respond in writing to the “Notice of Appeal” within twenty (20) working days following submission. No hearing is required to be held and the designee may respond to the appeal solely on the materials and documents provided by the appealing employee and by the department. C. The Sheriff or designee, acting as the Administrative Appeal Officer, shall have the power to amend, modify, rescind, or uphold, in whole or any part thereof, the claimed punitive action of the department or authority imposing discipline. D. The "administrative appeal" provided for herein need not be completed prior to the implementation of the alleged "punitive action". E. With respect to appeal rights governing written reprimands, the decision of the Sheriff or designee is final and binding. Nothing in this section confers upon the employee the right to challenge the decision of the Sheriff or designee in any other formal, informal or administrative proceeding.
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Samples: Memorandum of Understanding, Memorandum of Understanding
Administrative Appeal. Employees of this Unit unit are "Public Officers" as defined in Penal Code Section 831.5, and are not entitled to the protections provided by the Peace Officers Procedure Bill of Rights (Government Code Section 3300 et. seq.); however, through this MOU, the County provides similar rights as specified below. As regards alleged "punitive actions" in the nature of terminations, demotions in class or salary step, and suspensions without pay only, the right to appeal such discipline to the Civil Service Commission as provided for in the foregoing section is agreed to constitute the "administrative appeal" required by Government Code Section 3300 et. seq. As regards any other alleged "punitive action" for which there exists a right of "administrative appeal" pursuant to Government Code Section 3300 et. seq., and including the appeal of a written reprimand, the following "administrative appeal" is provided:
A. Within ten (10) working days from the effective date of such punitive action, the employee must submit in writing a “Notice of Appeal” to the Sheriff or designee acting in the capacity of Administrative Appeal Officer, together with any and all documents supporting the employee's appeal including statements from any witnesses. Failure to submit a “Notice of Appeal” to the Sheriff or designee within the time period prescribed shall constitute an absolute waiver of the right to an "administrative appeal" pursuant to Government Code Section 3300 et. seqet.seq.
B. The Sheriff or designee must respond in writing to the “Notice of Appeal” within twenty (20) working days following submission. No hearing is required to be held and the designee may respond to the appeal solely on the materials and documents provided by the appealing employee and by the department.
C. The Sheriff or designee, acting as the Administrative Appeal Officer, shall have the power to amend, modify, rescind, or uphold, in whole or any part thereof, the claimed punitive action of the department or authority imposing discipline.
D. The "administrative appeal" provided for herein need not be completed prior to the implementation of the alleged "punitive action".
E. With respect to appeal rights governing written reprimands, the decision of the Sheriff or designee is final and binding. Nothing in this section confers upon the employee the right to challenge the decision of the Sheriff or designee in any other formal, informal or administrative proceeding.
Appears in 1 contract
Samples: Memorandum of Understanding
Administrative Appeal. Employees of this Unit unit are "Public Officers" as defined in Penal Code Section 831.5, and are not entitled to the protections provided by the Peace Officers Procedure Bill of Rights (Government Code Section 3300 et. seq.); however, through this MOU, the County provides similar rights as specified below. As regards alleged "punitive actions" in the nature of terminations, demotions in class or salary step, and suspensions without pay only, the right to appeal such discipline to the Civil Service Commission as provided for in the foregoing section is agreed to constitute the "administrative appeal" required by Government Code Section 3300 et. seq. As regards any other alleged "punitive action" for which there exists a right of "administrative appeal" pursuant to Government Code Section 3300 et. seq., and including the appeal of a written reprimand, the following "administrative appeal" is provided:
A. Within ten (10) working days from the effective date of such punitive action, the employee must submit in writing a “Notice of Appeal” to the Sheriff or designee acting in the capacity of Administrative Appeal Officer, together with any and all documents supporting the employee's appeal including statements from any witnesses. Failure to submit a “Notice of Appeal” to the Sheriff or designee within the time period prescribed shall constitute an absolute waiver of the right to an "administrative appeal" pursuant to Government Code Section 3300 et. seqet.seq.
B. The Sheriff or designee must respond in writing to the “Notice of Appeal” within twenty (20) working days following submission. No hearing is required to be held and the designee may respond to the appeal solely on the materials and documents provided by the appealing employee and by the department.
C. The Sheriff or designee, acting as the Administrative Appeal Officer, shall have the power to amend, modify, rescind, or uphold, in whole or any part thereof, the claimed punitive action of the department or authority imposing discipline.
D. The "administrative appeal" provided for herein need not be completed prior to the implementation of the alleged "punitive action".
E. With respect to appeal rights governing written reprimands, the decision of the Sheriff or designee is final and binding. Nothing in this section confers upon the employee the right to challenge the decision of the Sheriff or designee in any other formal, informal or administrative proceeding.proceeding.
Appears in 1 contract
Samples: Memorandum of Understanding
Administrative Appeal. Employees If the alleged aggrieved protester does not agree with the written opinion and decision issued by the CO, the alleged aggrieved protester may, after receipt of this Unit are "Public Officers" as defined the written opinion and decision issued by the CO request an administrative appeal hearing be granted. The following procedures must be complied with in Penal Code Section 831.5the manner prescribed; failure by the alleged aggrieved protester to comply shall automatically relieve the HA from accepting or acting on that request for administrative hearing:
4.4.1 The alleged aggrieved protester must file, and are not entitled in writing, his/her request for an administrative hearing, to the protections provided by ED, within 5 days of receipt of the Peace Officers Procedure Bill written opinion and decision and failure to do so within such 5 days shall relive the HA of Rights (Government Code Section 3300 et. seqany responsibility to consider such request.); however
4.4.2 The request for an administrative appeal hearing must contain the specific reasons for the appeal and all supporting data for those reasons.
4.4.3 It shall be within the administrative powers of the ED to, through this MOUafter review of the request submitted, the County provides similar rights as specified below. As regards alleged "punitive actions" in the nature of terminations, demotions in class grant or salary step, and suspensions without pay only, the right to appeal such discipline to the Civil Service Commission as provided deny any request for in the foregoing section is agreed to constitute the "administrative appeal" required by Government Code Section 3300 et. seq. As regards any other alleged "punitive action" for which there exists a right of "administrative appeal" pursuant to Government Code Section 3300 et. seq.
4.4.4 If the ED, and including the appeal of a written reprimand, the following "administrative appeal" is provided:
A. Within ten (10) working days from the effective date of such punitive action, the employee must submit in writing a “Notice of Appeal” to the Sheriff or designee acting in the capacity of Administrative Appeal Officer, together with any and all documents supporting the employee's appeal including statements from any witnesses. Failure to submit a “Notice of Appeal” to the Sheriff or designee within the time period prescribed shall constitute an absolute waiver after complete review of the right to an "administrative appeal" pursuant to Government Code Section 3300 et. seq.
B. The Sheriff or designee must respond alleged aggrieved protester’s written request and supporting data, decides that the request does not merit further consideration, he/she shall render his/her decision in writing to the “Notice of Appeal” alleged aggrieved protester. A decision rendered under this paragraph shall be made within twenty (20) working 10 days following submission. No hearing is required to be held and after the designee may respond to the appeal solely on the materials and documents provided by the appealing employee and by the department.
C. The Sheriff or designee, acting as the Administrative Appeal Officer, shall have the power to amend, modify, rescind, or uphold, in whole or any part thereof, the claimed punitive action of the department or authority imposing discipline.
D. The "administrative appeal" provided for herein need not be completed prior to the implementation receipt of the alleged "punitive action"aggrieved protester’s request for an administrative hearing. This decision shall be final without further administrative recourse.
E. With respect to appeal rights governing written reprimands4.4.5 If the ED, the decision after review of the Sheriff or designee is final alleged aggrieved protester’s written request, decides that the request merits further consideration, he/she shall forward the protester’s written request, along with a cover letter explaining why it merits further consideration and binding. Nothing in this section confers upon the employee the right to challenge the decision with a recap of all bids submitted and a copy of the Sheriff or designee original written protest, to the HA Legal Counsel for consideration. The HA Legal Counsel shall issue to the alleged aggrieved protester a decision, in any other formalwriting, informal or within 10 days of his/her receipt of such documents.
4.3.6 Such written decision delivered to the alleged aggrieved protester shall exhaust the HA internal protest and administrative proceedingappeal process available to the alleged aggrieved protester.
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