Alternative Discipline by Agreement Sample Clauses

Alternative Discipline by Agreement. In considering appropriate disciplinary action, the Police Chief may require that an Officer be evaluated by a qualified professional designated by the Police Chief. If that professional recommends a program of counseling and/or rehabilitation for the Officer, the Police Chief may offer the Officer the opportunity to enter into an alternative disciplinary agreement under which the Officer would accept a temporary suspension of up to ninety (90) days and agree to successfully complete the program of counseling and/or rehabilitation recommended by the qualified professional designated by the Police Chief. The program of counseling and/or rehabilitation will be completed on the Officer's off duty time, unless the Police Chief approves the use of accrued vacation leave or sick leave. The Officer shall be responsible for paying all costs of the program of counseling and/or rehabilitation, which are not covered by the Officer's health insurance plan. If the Officer's misconduct involved alcohol related behavior, the Police Chief may require that the Officer submit to mandatory alcohol testing, when ordered by the Police Chief, for a specified period of time. If the Officer accepts the opportunity for agreed alternative discipline, the Officer may not appeal any terms of the Agreement. If the Officer fails to successfully complete the program of counseling and/or rehabilitation, the Officer may be indefinitely suspended without right of appeal.
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Alternative Discipline by Agreement. The Department head may offer the firefighter the opportunity to enter into an alternative disciplinary agreement under which the firefighter would accept a temporary suspension of up to ninety (90) days and if applicable, agree to successfully complete the program of counseling and/or rehabilitation recommended by the qualified professional designated by the City’s E.A.P. policy. The program of counseling and/or rehabilitation will be completed during the time off for discipline or on the firefighter's off duty time, unless the Department head approves the use of accrued vacation leave or sick leave. The firefighter shall be responsible for paying all costs of the program of counseling and/or rehabilitation which are not covered by the City’s E.A.P. program or firefighter's health insurance plan. If the firefighter's misconduct involved alcohol or substance abuse related behavior, the Department head may require that the firefighter submit to mandatory alcohol or drug testing, when ordered by the Department head, for a specified period of time not to exceed twelve (12) months. If the firefighter accepts the opportunity for agreed alternative discipline, the firefighter may not appeal any terms of the Agreement nor the disciplinary action. If the firefighter fails to successfully complete the program of counseling and/or rehabilitation, the firefighter may be suspended up to and including an indefinite suspension without right of appeal and without right to bring any contract dispute under Article 9 regarding the Agreement or the disciplinary action, before any administrative or judicial body.
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Alternative Discipline by Agreement. (a) In considering appropriate disciplinary action, the Department Head may require that an officer be evaluated by a qualified professional designated by the Department Head. If that professional recommends a program of counseling and/or rehabilitation for the officer, the Department Head may offer the officer the opportunity to enter into an alternative disciplinary agreement under which the officer would accept demotion or a temporary suspension of up to seven hundred and twenty (720) hours and agree to successfully complete the program of counseling and/or rehabilitation recommended by the qualified professional designated by the Department Head. (b) The program of counseling and/or rehabilitation will be completed on the officer’s off- duty time, unless the Department Head approves the use of accrued vacation leave or sick leave. The officer shall be responsible for paying all costs of the program of counseling and/or rehabilitation which are not covered by the officer’s health insurance plan. (c) If the officer’s misconduct involves alcohol or substance abuse related behavior, the Department Head may require that the officer submit to mandatory alcohol or drug testing for a specified period of time. If the officer accepts the opportunity for agreed alternative discipline, the officer may not appeal any terms of the Agreement or the disciplinary action. If the officer fails to complete the program of counseling and/or rehabilitation without good cause, the officer may be indefinitely suspended without right of appeal regarding the Agreement or the disciplinary action before any administrative or judicial body. (d) In considering whether the officer had good cause for failing to complete the program, the Department Head will consider whether the officer was prevented from completing the program by circumstances not reasonably within his/her control, e.g. serious illness or death in the family, unavailability of the professional.
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Alternative Discipline by Agreement. 16 In considering appropriate disciplinary action, the Police Chief may require that an Officer be 17 evaluated by a qualified professional designated by the Police Chief. If that professional 18 recommends a program of counseling and/or rehabilitation for the Officer, the Police Chief may 19 offer the Officer the opportunity to enter into an alternative disciplinary agreement under which 20 the Officer would accept a temporary suspension of up to ninety (90) days and agree to 21 successfully complete the program of counseling and/or rehabilitation recommended by the 22 qualified professional designated by the Police Chief. The program of counseling and/or 23 rehabilitation will be completed on the Officer's off duty time, unless the Police Chief approves 24 the use of accrued vacation leave or sick leave. The Officer shall be responsible for paying all 25 costs of the program of counseling and/or rehabilitation, which are not covered by the Officer's 26 health insurance plan. If the Officer's misconduct involved alcohol related behavior, the Police 27 Chief may require that the Officer submit to mandatory alcohol testing, when ordered by the 28 Police Chief, for a specified period of time. If the Officer accepts the opportunity for agreed 29 alternative discipline, the Officer may not appeal any terms of the Agreement. If the Officer fails 30 to successfully complete the program of counseling and/or rehabilitation, the Officer may be 31 indefinitely suspended without right of appeal. 32 33 Section 7. Last Chance Agreement
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Alternative Discipline by Agreement. 16 In considering appropriate disciplinary action, the Police Chief may require that an Officer be 17 evaluated by a qualified professional designated by the Police Chief. If that professional 18 recommends a program of counseling and/or rehabilitation for the Officer, the Police Chief may 19 offer the Officer the opportunity to enter into an alternative disciplinary agreement under which 20 the Officer would accept a temporary suspension of up to ninety (90) days and agree to 21 successfully complete the program of counseling and/or rehabilitation recommended by the 22 qualified professional designated by the Police Chief. The program of counseling and/or 23 rehabilitation will be completed on the Officer's off duty time, unless the Police Chief approves 24 the use of accrued vacation leave or sick leave. The Officer shall be responsible for paying all 25 costs of the program of counseling and/or rehabilitation, which are not covered by the Officer's 26 health insurance plan. If the Officer's misconduct involved alcohol related behavior, the Police 27 Chief may require that the Officer submit to mandatory alcohol testing, when ordered by the 28 Police Chief, for a specified period of time. If the Officer accepts the opportunity for agreed 29 alternative discipline, the Officer may not appeal any terms of the Agreement. If the Officer fails 30 to successfully complete the program of counseling and/or rehabilitation, the Officer may be 31 indefinitely suspended without right of appeal. 32 33 Section 7. Last Chance Agreement 35 a) In considering appropriate disciplinary action, the Police Chief may require that an 36 Officer be evaluated by a qualified professional designated by the Police Chief. If that 37 professional recommends a program of counseling and/or rehabilitation for the Officer, the 38 Police Chief may offer the Officer, as an alternative to indefinite suspension, the opportunity to 39 enter into a last chance agreement. The agreement may include the following provisions in 40 addition to any other provisions agreed upon by the Officer and the Police Chief. 41 42 (1) The Officer will successfully complete the program of counseling and/or 43 rehabilitation recommended by the qualified professional designated by the Police 44 Chief. 45
Sample 1
Alternative Discipline by Agreement. In considering appropriate disciplinary action, the Department Head may require that a fire fighter be evaluated by a qualified professional designated by the Department Head. If that professional recommends a program of counseling and/or rehabilitation for the fire fighter, the Department Head may offer the fire fighter the opportunity to enter into an alternative disciplinary agreement under which the fire fighter would accept demotion or a temporary suspension of up to seven hundred and twenty (720) hours and agree to successfully complete the program of counseling and/or rehabilitation recommended by the qualified professional designated by the Department Head. The program of counseling and/or rehabilitation will be completed on the fire fighter’s off-duty time, unless the Department Head approves the use of accrued vacation leave or sick leave. The fire fighter shall be responsible for paying all costs of the program of counseling and/or rehabilitation which are not covered by the fire fighter’s health insurance plan. If the fire fighter’s misconduct involves alcohol or substance abuse related behavior, the Department Head may require that the fire fighter submit to mandatory alcohol or drug testing for a specified period of time. If the fire fighter accepts the opportunity for agreed alternative discipline, the fire fighter may not appeal any terms of the Agreement or the disciplinary action. If the fire fighter fails to complete the program of counseling and/or rehabilitation without good cause, the fire fighter may be indefinitely suspended without right of appeal regarding the Agreement or the disciplinary action before any administrative or judicial body. In considering whether the fire fighter had good cause for failing to complete the program, the Department Head will consider whether the fire fighter was prevented from completing the program by circumstances not reasonably within his/her control,
Sample 1
Alternative Discipline by Agreement. In considering appropriate disciplinary action, the Department head may require that an officer be evaluated by a qualified professional designated by the Department head. If that professional recommends a program of counseling and/or rehabilitation for the officer, the Department head may offer the officer the opportunity to enter into an alternative disciplinary agreement under which the officer would accept demotion or a temporary suspension of up to seven hundred and twenty (720) hours and agree to successfully complete the program of counseling and/or rehabilitation recommended by the qualified professional designated by the Department head. The program of counseling and/or rehabilitation will be completed on the officer's off duty time, unless the Department head approves the use of accrued vacation leave or sick leave. The officer shall be responsible for paying all costs of the program of counseling and/or rehabilitation, which are not covered by the officer's health insurance plan. If the officer's misconduct involved alcohol or substance abuse related behavior, the Department head may require that the officer submit to mandatory alcohol or drug testing, for a specified period of time. If the officer accepts the opportunity for agreed alternative discipline, the officer may not appeal any terms of the Agreement nor the disciplinary action. If the officer fails to successfully complete the program of counseling and/or rehabilitation, the officer may be indefinitely suspended without right of appeal and without right to bring any contract dispute under Article 10 regarding the Agreement or the disciplinary action, before any administrative or judicial body.
Sample 1
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Related to Alternative Discipline by Agreement

  • CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION 7.1 The Effective Date of the Stipulation shall be conditioned on the occurrence of all of the following events: (a) the Court has entered the Preliminary Approval Order, as required by ¶3.1 hereof, substantially in the form set forth in Exhibit A attached hereto; (b) the Settlement Amount has been deposited into the XXXX; (c) the Court has entered the Judgment, or a judgment substantially in the form of Exhibit B attached hereto; (d) Lexmark has not exercised its option to terminate the Stipulation pursuant to ¶7.3 hereof; and (e) the Judgment has become Final, as defined in ¶1.12 hereof. 7.2 Upon the Effective Date, any and all remaining interest or right of the Defendants or the Defendants’ insurers in or to the Settlement Fund, if any, shall be absolutely and forever extinguished and the releases herein shall be effective. If the conditions specified in ¶7.1 hereof are not met, then the Stipulation shall be canceled and terminated subject to ¶7.4 hereof unless Lead Counsel and Defendants’ Counsel mutually agree in writing to proceed with the Stipulation. 7.3 Only Lexmark possesses the option to terminate the Settlement in the event that valid requests for exclusion from the Class exceed the criteria set forth in the Supplemental Agreement, executed between Lead Plaintiff and Lexmark through their respective counsel concurrently with this Agreement. The terms of the Supplemental Agreement shall not be disclosed in any other manner other than the statements herein and in the Notice, or as otherwise provided in the Supplemental Agreement unless and until the Court otherwise directs or a dispute arises between Lead Plaintiff and Defendants concerning its interpretation or application. If submission of the Supplemental Agreement to the Court is required for resolution of a dispute or is otherwise ordered by the Court, the parties will undertake to have the Court review the Supplemental Agreement in camera without filing it on the docket. If the Court requires that the Supplemental Agreement be filed, the parties shall request that it be filed under seal or with the percentage redacted. 7.4 Unless otherwise ordered by the Court, in the event the Stipulation is not approved or this Stipulation is terminated, canceled, or the Effective Date otherwise fails to occur, within ten (10) business days after written notification of such event is sent by Defendants’ Counsel or Lead Counsel to the Escrow Agent, the Settlement Fund (including accrued interest), less Taxes, Tax Expenses, and Notice and Administration Expenses which have either been disbursed pursuant to ¶¶2.1 and 2.8 hereof, or are chargeable to the Settlement Fund pursuant to ¶¶2.1 and 2.8 hereof, shall be refunded by the Escrow Agent pursuant to written instructions from Defendants’ Counsel. The Escrow Agent or its designee shall apply for any tax refund owed on the Settlement Amount and pay the proceeds, after deduction of any fees or expenses incurred in connection with such application(s) for refund, pursuant to written instructions from Defendants’ Counsel. 7.5 In the event that the Stipulation is not approved by the Court or the Settlement set forth in the Stipulation is terminated or fails to become effective in accordance with its terms, the Settling Parties shall be restored to their respective positions in the Litigation as of January 28, 2020. In such event, the terms and provisions of the Stipulation, with the exception of ¶¶1.1–1.36, 2.6–2.9, 6.3–6.5, 7.4–7.6, and 9.5–9.6 hereof, shall have no further force and effect with respect to the Settling Parties and shall not be used in this Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Stipulation shall be treated as vacated, nunc pro tunc. No order of the Court or modification or reversal on appeal of any order of the Court concerning the Plan of Allocation or the amount of any attorneys’ fees, costs, expenses, and interest awarded by the Court to any of Plaintiffs’ Counsel or expenses to the Lead Plaintiff shall operate to terminate or cancel this Stipulation or constitute grounds for cancellation or termination of the Stipulation. 7.6 If the Effective Date does not occur, or if the Stipulation is terminated pursuant to its terms, neither Lead Plaintiff nor any of its counsel shall have any obligation to repay any amounts disbursed pursuant to ¶¶2.1 or 2.8. In addition, any expenses already incurred pursuant to ¶¶2.1 or 2.8 hereof at the time of such termination or cancellation but which have not been paid, shall be paid by the Escrow Agent in accordance with the terms of the Stipulation prior to the balance being refunded in accordance with ¶¶2.9 and 7.4 hereof. 7.7 Defendants warrant and represent that they are not “insolvent” within the meaning of 11 U.S.C. § 101(32) as of the time the Stipulation is executed and will not be as of the time the payments of the Settlement Amount are actually transferred or made as reflected in the Stipulation. This representation is made by Defendants and not by Defendants’ Counsel. In the event of a final order of a court of competent jurisdiction, not subject to any further proceedings, determining the transfer of the Settlement Fund, or any portion thereof, by or on behalf of Defendants to be a voidable preference, voidable transfer, fraudulent transfer, or similar transaction under Title 11 of the United States Code (Bankruptcy), or applicable state law, and any portion thereof is required to be refunded and such amount is not promptly deposited in the Settlement Fund by or on behalf of any Defendants, then, at the election of Lead Plaintiff the Settlement may be terminated and the Judgment entered in favor of Defendants pursuant to the Settlement shall be null and void. Alternatively, at the election of Lead Plaintiff, the Settling Parties shall jointly move the Court to vacate and set aside the release given and the Judgment entered in favor of the Defendants and that the Defendants and Lead Plaintiff and the Members of the Class shall be restored to their litigation positions as of January 28, 2020 and the Settlement Fund shall be promptly returned.

  • Termination by Agreement both parties may agree to terminate this Agreement;

  • MUTUAL AGREEMENT PROCEDURE 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article.

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