Common use of Appeal of Intermediate Disciplinary Action Clause in Contracts

Appeal of Intermediate Disciplinary Action. The Union, on behalf of employees who are disciplined with a suspension without pay, demotion, or reduction in base pay may exercise the following procedures in lieu of direct appeal to the Board of Employee Appeals. If, within the ten (10) working day appeal period, the Union, on behalf of the employee, files notice of appeal of such intermediate disciplinary action, then a time for an appeal hearing before a Hearing Officer shall be established, which shall not be less than ten (10) days, nor more than sixty (60) days from the date of the filing of the appeal, unless extended by mutual agreement of the County and the Union. The appeal must be filed by the Union with the Director of Support Services. All interested parties shall be notified in writing of the date, time, and place of hearing at least ten (10) working days prior to the hearing. Any such appeal before a Hearing Officer will be conducted pursuant to the following procedures: (1) The Hearing Officer will be a licensed attorney provided by the Institute for Administrative Justice (IAJ) at XxXxxxxx School of Law. The costs for the Hearing Officer’s proceedings shall be divided equally between the County and the Union. (2) All hearings shall be private; provided, however, if requested by the appellant the hearing shall be open to the public. (3) The hearing shall be conducted in a manner most conducive to determinations of the truth. The Hearing officer shall determine the admissibility, the relevance, and materiality of the evidence offered and may exclude evidence deemed by the Hearing Officer to be cumulative or irrelevant and conformity to legal rules of evidence shall not be necessary. The rules of privilege shall apply to the hearing. (4) Each party shall have the right to be represented by legal counsel or other person of his/her choice; to call and examine witnesses on any matter relevant to the issues; to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered on direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Every witness shall declare by oath or affirmation that he/she will testify truthfully. (5) Following the appeal hearing, the Hearing Officer shall issue an opinion to sustain, reject, or modify the employee’s intermediate disciplinary action. Such opinion shall be advisory only, shall not be binding on either party, and shall be limited to the issue or issues presented to the Hearing Officer. The advisory opinion shall be emailed to the Board of Employee Appeals through the Clerk of the Board of Supervisors, with a copy emailed to the Director of Support Services, the Union, and the employee. (6) Within ten (10) working days following the issuance date of the advisory opinion by the Hearing Officer, either the Union or the County can request that the Board of Employee Appeals review the advisory opinion. Such request must be in writing and submitted to and received by the Clerk of the Board of Supervisors within this time frame, with a copy of the written request provided to the other party. If no such request for review is made within this time frame, the parties have therefore agreed to waive any further appeal of the underlying discipline and notwithstanding any language to the contrary in section 16.5(D)(5), the Hearing Officer’s decision will become final and shall be binding on the parties. (7) If review of the advisory opinion is requested, the Board of Employee Appeals will review the advisory opinion and the record of the underlying appeal hearing before the Hearing Officer and will issue its decision within 30 calendar days after completing that review. As part of the Board of Employee Appeals review of the advisory opinion, the following procedures will apply: i. A copy of the record shall be made available to the parties. Costs for the preparation and copying of the record shall be split equally between the County and the Union. ii. The Board of Employee Appeals shall not decide any case provided for in this provision without affording the parties the opportunity to present either oral or written argument before the Board of Employee Appeals itself. (8) In issuing its decision, the Board of Employee Appeals may do any of the following: i. Adopt the proposed decision in its entirety. ii. Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. iii. Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the Board of Employee Appeals under this paragraph is limited to a clarifying change or a change of similar nature that does not affect the factual or legal basis of the proposed decision. iv. Reject the proposed decision, and decide the case upon the record, including the transcript from the proceedings before the IAJ Hearing Officer, or upon an agreed statement of the parties. By written stipulation of the parties, the Board of Employee Appeals may decide the case upon the record without including review or consideration of the transcript. If the Board of Employee Appeals rejects and/or modifies the Hearing Officer recommendation, the Board shall detail in writing the basis for such rejection and/or modification. The decision of the Board of Employee Appeals shall constitute final administrative action and shall be subject to judicial review pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.

Appeal of Intermediate Disciplinary Action. The Union, on behalf of employees who are disciplined with a suspension without pay, demotion, or reduction in base pay may exercise the following procedures in lieu of direct appeal to the Board of Employee Appeals. If, within the ten (10) working day appeal period, the Union, on behalf of the employee, files notice of appeal of such intermediate disciplinary action, then a time for an appeal hearing before a Hearing Officer shall be established, which shall not be less than ten (10) days, nor more than sixty (60) days from the date of the filing of the appeal, unless extended by mutual agreement of the County and the Union. The appeal must be filed by the Union with the Director of Support Services. All interested parties shall be notified in writing of the date, time, and place of hearing at least ten (10) working days prior daysprior to the hearing. Any such appeal before a Hearing Officer will be conducted pursuant to the following procedures: (1) a. The Hearing Officer will be a licensed attorney provided by the Institute for Administrative Justice (IAJ) at XxXxxxxx School of Law. The costs for the Hearing Officer’s proceedings shall be divided equally between the County and the Union. (2) b. All hearings shall be private; provided, however, if requested by the appellant the hearing shall be open to the public. (3) c. The hearing shall be conducted in a manner most conducive to determinations of the truth. The Hearing officer shall determine the admissibility, the relevance, and materiality of the evidence offered and may exclude evidence deemed by the Hearing Officer to be cumulative or irrelevant and conformity to legal rules of evidence shall not be necessary. The rules of privilege shall apply to the hearing. (4) d. Each party shall have the right to be represented by legal counsel or other person of his/her choice; to call and examine witnesses on any matter relevant to the issues; to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered on direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Every witness shall declare by oath or affirmation that he/she will testify truthfully. (5) e. Following the appeal hearing, the Hearing Officer shall issue an opinion to sustain, reject, or modify the employee’s intermediate disciplinary action. Such opinion shall be advisory only, shall not be binding on either party, and shall be limited to the issue or issues presented to the Hearing Officer. The advisory opinion shall be emailed to the Board of Employee Appeals through the Clerk of the Board of Supervisors, with a copy emailed to the Director of Support Services, the Union, and the employee. (6) f. Within ten (10) working days following the issuance date of the advisory opinion by the Hearing Officer, either the Union or the County can request that the Board of Employee Appeals review the advisory opinion. Such request must be in writing and submitted to and received by the Clerk of the Board of Supervisors within this time frame, with a copy of the written request provided to the other party. If no such request for review is made within this time frame, the parties have therefore agreed to waive any further appeal of the underlying discipline and notwithstanding any language to the contrary in section 16.5(D)(5), the Hearing Officer’s decision will become final and shall be binding on the parties. (7) g. If review of the advisory opinion is requested, the Board of Employee Appeals will review the advisory opinion and the record of the underlying appeal hearing before the Hearing Officer and will issue its decision within 30 calendar days after completing that review. As part of the Board of Employee Appeals review of the advisory opinion, the following procedures will apply: i. A copy of the record shall be made available to the parties. Costs for the preparation and copying of the record shall be split equally between the County and the Union. ii. The Board of Employee Appeals shall not decide any case provided for in this provision without affording the parties the opportunity to present either oral or written argument before the Board of Employee Appeals itself. (8) h. In issuing its decision, the Board of Employee Appeals may do any of the following: i. Adopt the proposed decision in its entirety. ii. Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. iii. Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the Board of Employee Appeals under this paragraph is limited to a clarifying change or a change of similar nature that does not affect the factual or legal basis of the proposed decision. iv. Reject the proposed decision, and decide the case upon the record, including the transcript from the proceedings before the IAJ Hearing Officer, or upon an agreed statement of the parties. By written stipulation of the parties, the Board of Employee Appeals may decide the case upon the record without including review or consideration of the transcript. If the Board of Employee Appeals rejects and/or modifies the Hearing Officer recommendation, the Board shall detail in writing the basis for such rejection and/or modification. The decision of the Board of Employee Appeals shall constitute final administrative action and shall be subject to judicial review pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.

Appeal of Intermediate Disciplinary Action. An employee who receives an intermediate disciplinary action as provided in Section 15.4 B can appeal the disciplinary action to the Board of Employee Appeals pursuant to the Personnel Manual to contest the action of the management representative as provided above in Subsection C. The UnionAssociation, on behalf of employees who are disciplined with a suspension without pay, demotion, or reduction in base pay may exercise the following procedures in lieu of direct appeal to the Board of Employee AppealsAppeals for an intermediate disciplinary action. If, If within the ten (10) working day appeal period, the UnionAssociation, on behalf of the employee, files notice of appeal of such intermediate disciplinary action, then a time for an appeal hearing before a Hearing Officer shall be established, which shall not be less than ten (10) days, nor more than sixty (60) days from the date of the filing of the appeal, unless extended by mutual agreement of the County and the UnionAssociation. The appeal must be filed by the Union Association with the Director of Support Services. All interested parties shall be notified in writing of the date, time, and place of hearing at least ten (10) working days prior to the hearing. Any such appeal before a Hearing Officer will be conducted pursuant to the following procedures: (1) . The Hearing Officer will be a licensed attorney provided by the Institute for Administrative Justice (IAJ) at XxXxxxxx School of Law. The costs for the Hearing Officer’s proceedings shall be divided equally between the County and the UnionAssociation. (2) . All hearings shall be private; provided, however, if requested by the appellant the hearing shall be open to the public. (3) . The hearing shall be conducted in a manner most conducive to determinations of the truth. The Hearing officer Officer shall determine the admissibility, the relevance, and materiality of the evidence offered and may exclude evidence deemed by the Hearing Officer to be cumulative or irrelevant and conformity to legal rules of evidence shall not be necessary. The rules of privilege shall apply to the hearing. (4) . Each party shall have the right to be represented by legal counsel or other person of his/her choice; to call and examine witnesses on any matter relevant to the issues; to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered on direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Every witness shall declare by oath or affirmation that he/she will testify truthfully. (5) . Following the appeal hearing, the Hearing Officer shall issue an opinion to sustain, reject, or modify the employee’s intermediate disciplinary action. Such opinion shall be advisory only, shall not be binding on either party, and shall be limited to the issue or issues presented to the Hearing Officer. The advisory opinion shall be emailed to the Board of Employee Appeals through the Clerk of the Board of Supervisors, with a copy emailed to the Director of Support Services, the UnionAssociation, and the employee. (6) . Within ten (10) working days following the issuance date of the advisory opinion by the Hearing Officer, either the Union Association or the County can request that the Board of Employee Appeals review the advisory opinion. Such request must be in writing and submitted to and received by the Clerk of the Board of Supervisors within this time frame, with a copy of the written request provided to the other party. If no such request for review is made within this time frame, the parties have therefore agreed to waive any further appeal of the underlying discipline and notwithstanding any language to the contrary in section 16.5(D)(515.5(D)(5), the Hearing Officer’s decision will become final and shall be binding on the parties. (7) . If review of the advisory opinion is requested, the Board of Employee Appeals will review the advisory opinion and the record of the underlying appeal hearing before the Hearing Officer and will issue its decision within 30 calendar days after completing that review. As part of the Board of Employee Appeals review of the advisory opinion, the following procedures will apply: i. a. A copy of the record shall be made available to the parties. Costs for the preparation and copying of the record shall be split equally between the County and the UnionAssociation. ii. b. The Board of Employee Appeals shall not decide any case provided for in this provision without affording the parties the opportunity to present either oral or written argument before the Board of Employee Appeals itself. (8) 8. In issuing its decision, the Board of Employee Appeals may do any of the following: i. a. Adopt the proposed decision in its entirety. ii. b. Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. iii. c. Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the Board of Employee Appeals under this paragraph is limited to a clarifying change or a change of similar nature that does not affect the factual or legal basis of the proposed decision. iv. d. Reject the proposed decision, and decide the case upon the record, including the transcript from the proceedings before the IAJ Hearing Officer, or upon an agreed statement of the parties. By written stipulation of the parties, the Board of Employee Appeals may decide the case upon the record without including review or consideration of the transcript. If the Board of Employee Appeals rejects and/or modifies the Hearing Officer recommendation, the Board shall detail in writing the basis for such rejection and/or modification. The decision of the Board of Employee Appeals shall constitute final administrative action and shall be subject to judicial review pursuant to Code of Civil Procedure sections 1094.5 and 1094.6.