Common use of Appeal of Severe Disciplinary Actions Clause in Contracts

Appeal of Severe Disciplinary Actions. Appeals of severe disciplinary actions are specifically excluded from the grievance procedure. In the case of severe disciplinary actions, the following appeal procedure shall apply.‌ 1. If an employee has requested and participated in a response meeting with the Sheriff or designee as set forth above, the employee shall have the right to appeal the severe disciplinary action to the Discipline Appeals Board. Within ten (10) days after the receipt of the written order, the employee may file with the County Clerk a request in writing for a hearing before the Discipline Appeals Board to determine the reasonableness of the action and setting forth the specific grounds for appeal. Failure of the employee to request in writing a hearing before the Discipline Appeals Board, within the time specified, shall be deemed a waiver of any appeal process. 2. The Discipline Appeals Board shall hold a hearing within thirty (30) days after receipt of the written request for such hearing. The hearing may be private; however, the hearing must be open to the public if so requested by the employee. Each party shall have the right to be represented by legal counsel or other person of his/her choice 3. Within fifteen (15) days, the Discipline Appeals Board, by majority vote, shall recommend to the Sheriff to sustain, reject or modify the disciplinary action. The recommendation shall be taken under consideration by the Sheriff, who shall within ten (10) days, adopt or reject the findings of the Discipline Appeals Board. 4. Within ten (10) days after the receipt of the final decision of the Sheriff sustaining a Severe Disciplinary Action, the employee may file with the County Clerk, a request in writing for a hearing before an External Hearing Officer. Failure of the employee to request in writing a hearing before an External Hearing Officer, within the time specified, shall be deemed a waiver of any appeal process. 5. The Discipline Appeals Board shall be comprised of three (3) members, none of whom shall be an employee of Pershing County. A list of three (3) names for each category listed below shall be submitted by the Sheriff and three (3) names by the Association. The County and the Association shall draw numbers to determine who has first strike on the list. The parties shall alternately strike names, one category at a time in the order of the categories listed below, to determine the makeup of the Discipline Appeals Board for the pending appeal. Names shall be submitted by the parties for each of the following categories: a. A law enforcement manager of the rank of Lieutenant or above, from a city, county or State law enforcement agency; b. A law enforcement officer of the same rank as the appealing employee, from a city, county or State law enforcement agency, and; c. A District Attorney or Assistant/Deputy District Attorney from a Nevada County.

Appeal of Severe Disciplinary Actions. Appeals of severe disciplinary actions are specifically excluded from the grievance procedure. In the case of severe disciplinary actions, the following appeal procedure shall apply.‌apply. 1. If an employee has requested and participated in a response meeting with the Sheriff or designee as set forth above, the employee shall have the right to appeal the severe disciplinary action to the Discipline Appeals Board. Within ten (10) days after the receipt of the written order, the employee may file with the County Clerk a request in writing for a hearing before the Discipline Appeals Board to determine the reasonableness of the action and setting forth the specific grounds for appeal. Failure of the employee to request in writing a hearing before the Discipline Appeals Board, within the time specified, shall be deemed a waiver of any appeal process. 2. The Discipline Appeals Board shall hold a hearing within thirty (30) days after receipt of the written request for such hearing. The hearing may be private; however, the hearing must be open to the public if so requested by the employee. Each party shall have the right to be represented by legal counsel or other person of his/her choice 3. Within fifteen (15) days, the Discipline Appeals Board, by majority vote, shall recommend to the Sheriff to sustain, reject or modify the disciplinary action. The recommendation shall be taken under consideration by the Sheriff, who shall within ten (10) days, adopt or reject the findings of the Discipline Appeals Board. 4. Within ten (10) days after the receipt of the final decision of the Sheriff sustaining a Severe Disciplinary Action, the employee may file with the County Clerk, a request in writing for a hearing before an External Hearing Officer. Failure of the employee to request in writing a hearing before an External Hearing Officer, within the time specified, shall be deemed a waiver of any appeal process. 5. The Discipline Appeals Board shall be comprised of three (3) members, none of whom shall be an employee of Pershing County. A list of three (3) names for each category listed below shall be submitted by the Sheriff and three (3) names by the Association. The County and the Association shall draw numbers to determine who has first strike on the list. The parties shall alternately strike names, one category at a time in the order of the categories listed below, to determine the makeup of the Discipline Appeals Board for the pending appeal. Names shall be submitted by the parties for each of the following categories: a. A law enforcement manager of the rank of Lieutenant or above, from a city, county or State law enforcement agency; b. A law enforcement officer of the same rank as the appealing employee, from a city, county or State law enforcement agency, and; c. A District Attorney or Assistant/Deputy District Attorney from a Nevada County.

Appeal of Severe Disciplinary Actions. Appeals of severe disciplinary actions are specifically excluded from the grievance procedure. In the case of severe disciplinary actions, the following appeal procedure shall apply.‌apply. 1. If an employee has requested and participated in a response meeting with the Sheriff or designee as set forth above, the employee shall have the right to appeal the severe disciplinary action to the Discipline Appeals Board. Within ten (10) days after the receipt of the written order, the employee may file with the County Clerk a request in writing for a hearing before the Discipline Appeals Board to determine the reasonableness of the action and setting forth the specific grounds for appeal. Failure of the employee to request in writing a hearing before the Discipline Appeals Board, within the time specified, shall be deemed a waiver of any appeal process. 2. The Discipline Appeals Board shall hold a hearing within thirty (30) days after receipt of the written request for such hearing. The hearing may be private; however, the hearing must be open to the public if so requested by the employee. Each party shall have the right to be represented by legal counsel or other person of his/her choice 3. Within fifteen (15) days, the Discipline Appeals Board, by majority vote, shall recommend to the Sheriff to sustain, reject or modify the disciplinary action. The recommendation shall be taken under consideration by the Sheriff, who shall within ten (10) days, adopt or reject the findings of the Discipline Appeals Board. 4. Within ten (10) days after the receipt of the final decision of the Sheriff sustaining a Severe Disciplinary Action, the employee may file with the County Clerk, a request in writing for a hearing before an External Hearing Officer. Failure of the employee to request in writing a hearing before an External Hearing Officer, within the time specified, shall be deemed a waiver of any appeal process. 5. The Discipline Appeals Board shall be comprised of three (3) members, none of whom shall be an employee of Pershing County. A list of three (3) names for each category listed below shall be submitted by the Sheriff and three (3) names by the Association. The County and the Association shall draw numbers to determine who has first strike on the list. The parties shall alternately strike names, one category at a time in the order of the categories listed below, to determine the makeup of the Discipline Appeals Board for the pending appeal. Names shall be submitted by the parties for each of the following categories: a. A law enforcement manager of the rank of Lieutenant or above, from a city, county or State law enforcement agency; b. A law enforcement officer of the same rank as the appealing employee, from a city, county or State law enforcement agency, and; c. A District Attorney or Assistant/Deputy District Attorney from a Nevada County.County.‌

Appeal of Severe Disciplinary Actions. Appeals of severe disciplinary actions are specifically excluded from the grievance procedure. In the case of severe disciplinary actions, the following appeal procedure shall apply.‌apply. 1. If an employee has requested and participated in a response meeting with the Sheriff or designee as set forth above, the employee shall have the right to appeal the severe disciplinary action to the Discipline Appeals Board. Within ten (10) days after the receipt of the written order, the employee may file with the County Clerk a request in writing for a hearing before the Discipline Appeals Board to determine the reasonableness of the action and setting forth the specific grounds for appeal. Failure of the employee to request in writing a hearing before the Discipline Appeals Board, within the time specified, shall be deemed a waiver of any appeal process. 2. The Discipline Appeals Board shall hold a hearing within thirty (30) days after receipt of the written request for such hearing. The hearing may be private; however, the hearing must be open to the public if so requested by the employee. Each party shall have the right to be represented by legal counsel or other person of his/her choice 3. Within fifteen (15) days, the Discipline Appeals Board, by majority vote, shall recommend to the Sheriff to sustain, reject or modify the disciplinary action. The recommendation shall be taken under consideration by the Sheriff, who shall within ten (10) days, adopt or reject the findings of the Discipline Appeals Board. 4. Within ten (10) days after the receipt of the final decision of the Sheriff sustaining a Severe Disciplinary Action, the employee may file with the County Clerk, a request in writing for a hearing before an External Hearing Officer. Failure of the employee to request in writing a hearing before an External Hearing Officer, within the time specified, shall be deemed a waiver of any appeal process. 5. The Discipline Appeals Board shall be comprised of three (3) members, none of whom shall be an employee of Pershing County. A list of three (3) names for each category listed below shall be submitted by the Sheriff and three (3) names by the Association. The County and the Association shall draw numbers to determine who has first strike on the list. The parties shall alternately strike names, one category at a time in the order of the categories listed below, to determine the makeup of the Discipline Appeals Board for the pending appeal. Names shall be submitted by the parties for each of the following categories: a. A law enforcement manager of the rank of Lieutenant or above, from a city, county or State law enforcement agency; b. A law enforcement officer of the same rank as the appealing employee, from a city, county or State law enforcement agency, and; c. A District Attorney or Assistant/Deputy District Attorney from a Nevada County.shall