Common use of Appeal from a Severe Disciplinary Action Clause in Contracts

Appeal from a Severe Disciplinary Action. An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have the opportunity to appeal as described below. 1. Following a review of the proposed disciplinary action by the designated management representative, the latter shall cause to be served on the employee affected, by certified mail or personal delivery, a statement signed by him indicating, if applicable, the management representative's decision based on the employee's response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall clearly inform the employee that he, through the Association, has the right within fourteen (14) calendar days after receipt of this notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representative. The request must be filed by the Association with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12. 2. If, within the fourteen (14) calendar day appeal period the Association does not file said appeal, the action of management representative shall considered conclusive. 3. If, within the fourteen (14) calendar day appeal period, the Association files such notice of appeal by giving to the director of the personnel department written notice of appeal, then a time for an appealing hearing before a hearing officer shall be established which shall not be less than fourteen (14) calendar days, nor more than ninety (90) calendar days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing at least seven (7) calendar days prior to the hearing. 4. All hearings shall be private; provided, however, that the appellant may request a hearing be open to the public. 5. The hearing shall be conducted in a manner most conductive to determinations of the trust and NRS 233B.123 shall be used by the hearing officer as a guide in writing on evidentiary matters. 6. Each party shall have these rights: to be represented by legal counsel or other person of his choice; to call and examine witnesses on any matter relevant to the issues; or introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered on direct examinations; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination. Every witness shall declare by oath or affirmation that he will testify truthfully. 7. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 8. The hearing officer shall determine whether to sustain, reject, or modify the action demoting, suspending or discharging the employee utilizing a just cause standard; such determination shall be final. 9. Mutually incurred costs for the hearing officer procedure shall be divided equally between the County and the Association.

Appeal from a Severe Disciplinary Action. ‌ An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have Severe Disciplinary Action as defined in Paragraph B.3 above has the opportunity to appeal that disciplinary action as described below. 1. Following If the employee submits a written response and requests a meeting with the Division Captain in accordance with Paragraph E.2 above, the Division Captain’s final written decision imposing a Severe Disciplinary Action shall be forwarded to the Douglas County Disciplinary Review Board (“DRB”) for review pursuant to DCSO Policy Chapter 4.400 – Personnel Complaints and Investigations. The Undersheriff (or designee of the proposed disciplinary action by the designated management representative, the latter shall cause to be served Sheriff) will personally serve on the employee affected, a Notice of Disciplinary Action issued by certified mail or personal delivery, a statement the DRB signed by him indicating, if applicablethe Undersheriff (or designee) indicating the DRB’s decision. If a Severe Disciplinary Action is imposed, the management representative's decision based on the employee's response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall DRB notice must clearly inform the employee that hethe employee, through the Association, has the right right, within fourteen ten (1410) calendar days after receipt of this the notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representativeSheriff or his/her designee. The appeal request must be filed by the Association with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12Human Resources Director. 2. If, within the fourteen ten (1410) calendar day appeal period the Association does not file said the appeal, the action decision of management representative the DRB is conclusive, and the matter shall considered conclusivebe closed with no further appeal rights. 3. If, within the fourteen ten (1410) calendar day appeal period, the Association files such a notice of appeal by giving to the director of the personnel department Human Resources Director written notice of appeal, then the Human Resources Director will set a time for an appealing appeal hearing before a the Sheriff or his/her designee. The hearing officer shall must be established which shall not be less than fourteen held within ten (1410) calendar daysdays of the date of filing the notice of appeal, nor or other time mutually agreed to by the parties, and a written decision must be made by the Sheriff or designee within ten (10) calendar days after the hearing and personally served on the employee. 4. If the Association files a notice of appeal within ten (10) calendar days of service of the decision of the Sheriff or his/her designee by giving to the Human Resources Director written notice of appeal, an External Hearing Officer (EHO) must be mutually selected by the parties. The EHO must be selected no more than ninety sixty (9060) calendar days from the date of the filing of the appeal. All interested parties shall be notified in writing of The hearing before the date, time, EHO must occur at a date and place of hearing at least seven (7) calendar days prior to time mutually selected by the hearingparties. 45. All EHO hearings shall be are private; provided. However, however, that the appellant may request that a hearing be open opened to the public. 56. The EHO hearing shall must be conducted in a manner most conductive conducive to determinations of the trust truth and NRS 233B.123 shall will be used by the hearing officer EHO as a guide in writing ruling on evidentiary matters. 67. Each party shall have has these rightsrights in the EHO hearing: to be represented by legal counsel or other person of his his/her choice; to call and examine witnesses on any matter relevant to the issues; or , to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such the matter was not covered on direct examinationsexamination; to impeach any witness regardless of which party first called him the witness to testify; and to rebut the evidence against himthe party. If the respondent does not testify in his on the respondent’s own behalf, he the respondent may be called and examined by the Sheriff’s representative as if under cross-cross- examination. Every witness shall declare by oath or affirmation that he the witness will testify truthfully. 78. During the examination of a witness, all other witnesses, except the parties, shall will be excluded from the hearing upon motion of either party. 89. The hearing officer EHO shall determine whether to sustain, reject, or modify the action demoting, suspending suspending, or discharging the employee utilizing a just cause standard; such employee. The determination shall be of the EHO is final. 910. Mutually The mutually incurred costs for the hearing officer EHO procedure shall will be divided equally between the County and the Association.

Appeal from a Severe Disciplinary Action. An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have the opportunity to appeal as described below. 1. Following a review of the proposed disciplinary action by the designated management representative, the latter shall cause to be served on the employee affected, by certified mail or personal delivery, a statement signed by him indicating, if applicable, the management representative's decision based on the employee's response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall clearly inform the employee that he, through the Association, has the right within fourteen (14) calendar days after receipt of this notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representative. The request must be filed by the Association with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12. 2. If, within the fourteen (14) calendar day appeal period the Association does not file said appeal, the action of management representative shall considered conclusive. 3. If, within the fourteen (14) calendar day appeal period, the Association files such notice of appeal by giving to the director of the personnel department written notice of appeal, then a time for an appealing appeal hearing before a hearing officer shall be established which shall not be less than fourteen (14) calendar days, nor more than ninety (90) calendar days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing at least seven (7) calendar days prior to the hearing. 4. All hearings shall be private; provided, however, that the appellant may request a hearing be open to the public. 5. The hearing shall be conducted in a manner most conductive to determinations of the trust and NRS 233B.123 shall be used by the hearing officer as a guide in writing on evidentiary matters. 6. Each party shall have these rights: to be represented by legal counsel or other person of his choice; to call and examine witnesses on any matter relevant to the issues; or introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered on direct examinations; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination. Every witness shall declare by oath or affirmation that he will testify truthfully. 7. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 8. The hearing officer shall determine whether to sustain, reject, or modify the action demoting, suspending or discharging the employee utilizing a just cause standard; such determination shall be final. 9. Mutually incurred costs for the hearing officer procedure shall be divided equally between the County and the Association.fourteen

Appeal from a Severe Disciplinary Action. ‌ An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have Severe Disciplinary Action as defined in Paragraph C.3 above has the opportunity to appeal that disciplinary action as described below. 1. Following If the employee submits a written response and requests a meeting with the Division Captain in accordance with Paragraph F.2 above, the Division Captain’s final written decision imposing a Severe Disciplinary Action shall be forwarded to the Douglas County Disciplinary Review Board (“DRB”) for review pursuant to DCSO Policy Chapter 4.400 – Personnel Complaints and Investigations. The Undersheriff (or designee of the proposed disciplinary action by the designated management representative, the latter shall cause to be served Sheriff) will personally serve on the employee affected, a Notice of Disciplinary Action issued by certified mail or personal delivery, a statement the DRB signed by him indicating, if applicablethe Undersheriff (or designee) indicating the DRB’s decision. If a Severe Disciplinary Action is imposed, the management representative's decision based on the employee's response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall DRB notice must clearly inform the employee that hethe employee, through the Association, has the right right, within fourteen ten (1410) calendar days after receipt of this the notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representativeSheriff or his/her designee. The appeal request must be filed by the Association with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12Human Resources Director. 2. If, within the fourteen ten (1410) calendar day appeal period the Association does not file said the appeal, the action decision of management representative the DRB is conclusive, and the matter shall considered conclusivebe closed with no further appeal rights. 3. If, within the fourteen ten (1410) calendar day appeal period, the Association files such a notice of appeal by giving to the director of the personnel department Human Resources Director written notice of appeal, then the Human Resources Director will set a time for an appealing appeal hearing before a the Sheriff or his/her designee. The hearing officer shall must be established which shall not be less than fourteen held within ten (1410) calendar daysdays of the date of filing the notice of appeal, nor or other time mutually agreed to by the parties, and a written decision must be made by the Sheriff or designee within ten (10) calendar days after the hearing and personally served on the employee. 4. If the Association files a notice of appeal within ten (10) calendar days of service of the decision of the Sheriff or his/her designee by giving to the Human Resources Director written notice of appeal, an External Hearing Officer (EHO) must be mutually selected by the parties. The EHO must be selected no more than ninety sixty (9060) calendar days from the date of the filing of the appeal. All interested parties shall be notified in writing of The hearing before the date, time, EHO must occur at a date and place of hearing at least seven (7) calendar days prior to time mutually selected by the hearingparties. 45. All EHO hearings shall be are private; provided. However, however, that the appellant may request that a hearing be open opened to the public. 56. The EHO hearing shall must be conducted in a manner most conductive conducive to determinations of the trust truth and NRS 233B.123 shall will be used by the hearing officer EHO as a guide in writing ruling on evidentiary matters. 67. Each party shall have has these rightsrights in the EHO hearing: to be represented by legal counsel or other person of his his/her choice; to call and examine witnesses on any matter relevant to the issues; or , to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such the matter was not covered on direct examinationsexamination; to impeach any witness regardless of which party first called him the witness to testify; and to rebut the evidence against himthe party. If the respondent does not testify in his on the respondent’s own behalf, he the respondent may be called and examined by the Sheriff’s representative as if under cross-cross- examination. Every witness shall declare by oath or affirmation that he the witness will testify truthfully. 78. During the examination of a witness, all other witnesses, except the parties, shall will be excluded from the hearing upon motion of either party. 89. The hearing officer EHO shall determine whether to sustain, reject, or modify the action demoting, suspending suspending, or discharging the employee utilizing a just cause standard; such employee. The determination shall be of the EHO is final. 910. Mutually The mutually incurred costs for the hearing officer EHO procedure shall will be divided equally between the County and the Association.

Appeal from a Severe Disciplinary Action. ‌ An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have has the opportunity to appeal as described below. 1. Following a review of the a proposed disciplinary action by the designated management representativeaction, the latter shall cause to be served Undersheriff (or designee of the Sheriff) will serve on the employee affected, by certified mail or personal delivery, a statement signed by him the Undersheriff (or designee) indicating, if applicable, the management representative's his/her decision based on the employee's ’s response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall must clearly inform the employee that hethe employee, through the Association, has the right right, within fourteen ten (1410) calendar days after receipt of this notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representativeSheriff or his/her designee. The request must be filed by the Association with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12Human Resources Director. 2. If, within the fourteen (14) calendar day appeal period the Association does not file said the appeal, the action of management representative shall considered the Undersheriff (or designee) is conclusive. 3. If, within the fourteen (14) calendar day appeal period, the Association files such a notice of appeal by giving to the director of the personnel department Human Resources Director written notice of appeal, then the Human Resources Director will set a time for an appealing appeal hearing before the Sheriff or his/her designee. The hearing must be held within ten (10) calendar days and a hearing officer shall decision must be established which shall made within ten (10) calendar days after the hearing. 4. If the Association files a notice of appeal within ten (10) calendar days from the decision of the Sheriff or his designee by giving to the Human Resources Director written notice of appeal, an External Hearing Officer (EHO) must be chosen, not be less than fourteen (14) calendar days, nor more than ninety sixty (9060) calendar days from the date of the filing of the appeal. All interested parties shall must be notified in writing of the date, time, and place of hearing at least seven (7) calendar days prior to the hearing. 45. All hearings shall be are private; provided. However, however, that the appellant may request that a hearing be open opened to the public. 56. The hearing shall must be conducted in a manner most conductive conducive to determinations of the trust truth and NRS 233B.123 shall will be used by the hearing officer EHO as a guide in writing ruling on evidentiary matters. 67. Each party shall have has these rights: to be represented by legal counsel or other person of his his/her choice; to call and examine witnesses on any matter relevant to the issues; or , to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such the matter was not covered on direct examinationsexamination; to impeach any witness regardless of which party first called him the witness to testify; and to rebut the evidence against himthe party. If the respondent does not testify in his on the respondent’s own behalf, he the respondent may be called and examined by the Sheriff’s representative as if under cross-examination. Every witness shall declare by oath or affirmation that he the witness will testify truthfully. 78. During the examination of a witness, all other witnesses, except the parties, shall will be excluded from the hearing upon motion of either party. 89. The hearing officer EHO shall determine whether to sustain, reject, or modify the action demoting, suspending suspending, or discharging the employee utilizing a just cause standard; such employee. The determination shall be of the EHO is final. 910. Mutually The mutually incurred costs for the hearing officer EHO procedure shall will be divided equally between the County and the Association.

Appeal from a Severe Disciplinary Action. ‌ An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have Severe Disciplinary Action as defined in paragraph B.3 above has the opportunity to appeal that disciplinary action as described below. 1. Following If the employee submit a written response and requests a meeting with the Division Captain in accordance with paragraph E.2 above, the Division Captain’s final written decision imposing a Severe Disciplinary Action shall be forwarded to the Douglas County Disciplinary Review Board (“DRB”) for review pursuant to DCSO Policy Chapter 4.400—Personnel Complaints and Investigations. The Undersheriff (or designee of the proposed disciplinary action by the designated management representative, the latter shall cause to be served Sheriff) will personally serve on the employee affected, a Notice of Disciplinary Action issued by certified mail or personal delivery, a statement the DRB signed by him indicating, if applicablethe Undersheriff (or designee) indicating the DRB’s decision. If a Severe Disciplinary Action is imposed, the management representative's decision based on the employee's response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall DRB must clearly inform the employee that hethe employee, through the AssociationSBU, has the right right, within fourteen ten (1410) calendar days after receipt of this the notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representativeSheriff or his/her designee. The appeal request must be filed by the Association SBU with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12Human Resources Director. 2. If, within the fourteen ten (1410) calendar day appeal period the Association does not file said the appeal, the action decision of management representative the DRB is conclusive, and the matter shall considered conclusivebe closed with no further appeal rights. 3. If, within the fourteen ten (1410) calendar day appeal period, the Association files such a notice of appeal by giving to the director of the personnel department Human Resources Director written notice of appeal, then the Human Resources Director will set a time for an appealing appeal hearing before a the Sheriff or his/her designee. The hearing officer shall must be established which shall not be less than fourteen held within ten (1410) calendar daysdays of the date of the filing of the notice of appeal, nor more or other time mutually agreed to by the parties, and a written decision must be made by the Sheriff or his designee within ten (10) calendar days after the hearing and personally served on the employee. 4. If the Association files a notice of appeal within ten (10) calendar days of service of the decision of the Sheriff or his designee by giving to the Human Resources Director written notice of appeal, an External Hearing Officer (EHO) must be mutually selected by the parties. The EHO must be selected, nomore than ninety sixty (9060) calendar days from the date of the filing of the appeal. All interested parties shall be notified in writing of The hearing before the date, time, EHO must occur at a date and place of hearing at least seven (7) calendar days prior to time mutually selected by the hearingparties. 45. All EHO hearings shall be are private; provided, however, that the appellant may request a hearing be to open to the public. 56. The hearing shall EHO hearings must be conducted in a manner most conductive conducive to determinations of the trust truth and NRS 233B.123 shall will be used by the hearing officer EHO as a guide in writing ruling on evidentiary matters. 67. Each party shall have has these rightsrights in the EHO hearing: to be represented by legal counsel or other person of his his/her choice; to call and examine witnesses on any matter relevant to the issues; or to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such the matter was not covered on direct examinationsexamination; to impeach any witness regardless of which party first called him the witness to testify; and to rebut the evidence against himthe party. If the respondent does not testify in his his/her own behalf, he the respondent may be called and examined by the Sheriff’s representative as if under cross-examination. Every witness shall declare by oath or affirmation that he the witness will testify truthfully. 78. During the examination of a witness, all other witnesses, except the parties, shall will be excluded from the hearing upon motion of either party. 89. The hearing officer EHO shall determine whether to sustain, reject, or modify the action demoting, suspending suspending, or discharging the employee utilizing a just cause standardemployee; such the determination shall be is final. 910. Mutually The mutually incurred costs for the hearing officer EHO procedure shall will be divided equally between the County and the AssociationSBU.

Appeal from a Severe Disciplinary Action. ‌ An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have Severe Disciplinary Action as defined in paragraph B.3 above has the opportunity to appeal that disciplinary action as described below. 1. Following If the employee submits a written response and requests a meeting with the Division Captain in accordance with paragraph F above, the Division Captain’s final written decision imposing a Severe Disciplinary Action shall be forwarded to the Douglas County Disciplinary Review Board (“DRB”) for review pursuant to DCSO Policy Chapter 4.400—Personnel Complaints and Investigations. The Undersheriff (or designee of the proposed disciplinary action by the designated management representative, the latter shall cause to be served Sheriff) will personally serve on the employee affected, a Notice of Disciplinary Action issued by certified mail or personal delivery, a statement the DRB signed by him indicating, if applicablethe Undersheriff (or designee) indicating the DRB’s decision. If a Severe Disciplinary Action is imposed, the management representative's decision based on the employee's response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall DRB must clearly inform the employee that hethe employee, through the AssociationSBU, has the right right, within fourteen ten (1410) calendar days after receipt of this the notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representativeSheriff or his/her designee. The appeal request must be filed by the Association SBU with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12Human Resources Director. 2. If, within the fourteen ten (1410) calendar day appeal period the Association does not file said the appeal, the action decision of management representative the DRB is conclusive, and the matter shall considered conclusivebe closed with no further appeal rights. 3. If, within the fourteen ten (1410) calendar day appeal period, the Association files such a notice of appeal by giving to the director of the personnel department Human Resources Director written notice of appeal, then the Human Resources Director will set a time for an appealing appeal hearing before a the Sheriff or his/her designee. The hearing officer shall must be established which shall not be less than fourteen held within ten (1410) calendar daysdays of the date of the filing of the notice of appeal, nor more or other time mutually agreed to by the parties, and a written decision must be made by the 4. If the Association files a notice of appeal within ten (10) calendar days of service of the decision of the Sheriff or his designee by giving to the Human Resources Director written notice of appeal, an External Hearing Officer (EHO) must be mutually selected by the parties. The EHO must be selected, nomore than ninety sixty (9060) calendar days from the date of the filing of the appeal. All interested parties shall be notified in writing of The hearing before the date, time, EHO must occur at a date and place of hearing at least seven (7) calendar days prior to time mutually selected by the hearingparties. 45. All EHO hearings shall be are private; provided, however, that the appellant may request a hearing be to open to the public. 56. The hearing shall EHO hearings must be conducted in a manner most conductive conducive to determinations of the trust truth and NRS 233B.123 shall will be used by the hearing officer EHO as a guide in writing ruling on evidentiary matters. 67. Each party shall have has these rightsrights in the EHO hearing: to be represented by legal counsel or other person of his his/her choice; to call and examine witnesses on any matter relevant to the issues; or to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such the matter was not covered on direct examinationsexamination; to impeach any witness regardless of which party first called him the witness to testify; and to rebut the evidence against himthe party. If the respondent does not testify in his his/her own behalf, he the respondent may be called and examined by the Sheriff’s representative as if under cross-examination. Every witness shall declare by oath or affirmation that he the witness will testify truthfully. 78. During the examination of a witness, all other witnesses, except the parties, shall will be excluded from the hearing upon motion of either party. 89. The hearing officer EHO shall determine whether to sustain, reject, or modify the action demoting, suspending suspending, or discharging the employee utilizing a just cause standardemployee; such the determination shall be is final. 910. Mutually The mutually incurred costs for the hearing officer EHO procedure shall will be divided equally between the County and the AssociationSBU.