Common use of Appeals from Disciplinary Action Clause in Contracts

Appeals from Disciplinary Action. Only permanent employees who are not serving their initial probationary period shall have the right of appeal from disciplinary action. Appeals from the various disciplinary actions listed in the Disciplinary Action Section of this MOU shall be taken in accordance with the following provisions: 19.11.1 An employee who receives a transfer for the specific purpose of punishment, that does not involve a reduction in salary or loss of pay, may request an evidentiary hearing before the Appointing Authority, or his/her authorized designee. The decision of the Appointing Authority, or his/her authorized designee shall be final and binding. 19.11.2 An employee who receives a transfer for the specific purpose of punishment that involves a loss of pay may request a full evidentiary hearing before the Appointing Authority, or his/her authorized designee, whose decision in the matter shall be final and binding. 19.11.3 An employee who receives a written reprimand that does not involve a reduction in salary or loss of pay may request an evidentiary hearing with the next level of supervision/management above the individual issuing the written reprimand. The employee shall also retain his/her right of rebuttal. If it is in writing, the rebuttal shall be attached to the reprimand and placed in the employee’s personnel file. If after the hearing, 19.11.4 A “full evidentiary hearing” under the provisions of Section 19.11.2 above, when requested by the employee, shall involve the right to be represented, the calling and cross- examination of witnesses, and the issuance of subpoenas deuces tecum. The individual hearing the matter must not have been involved in the initial decision to issue the discipline. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. An “evidentiary hearing” under the provisions of Section 19.11.1 or 19.11.3 above, where the action taken results in neither reduction in salary nor loss of pay, when requested by the employee, shall involve the right to be represented, to produce evidence, and to present argument; but it shall not include the right to confront or cross-examine witnesses. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. 19.11.5 A disciplinary appeal to arbitration may be filed only by an employee who is not a probationary employee and who occupies a permanent position, and only from disciplinary actions listed in the Disciplinary Action Section of this MOU other than those set forth in 19.11.1 through 19.11.4 above. 19.11.6 The appeal to arbitration must be filed in writing within a period of ten (10) calendar days after the employee is notified of the decision to take disciplinary action. The failure to file the appeal within the prescribed time limit shall constitute an irrevocable waiver of the employee’s disciplinary appeal rights, and the discipline imposed shall become final and binding at the expiration of the ten-day time period. 19.11.7 Within twenty (20) days after the appeal is filed with the County Administrative Officer, the parties shall begin the process to select a mutually acceptable arbitrator. The parties shall then select a mutually agreeable hearing date. 19.11.8 The appellant and the Appointing Authority may appear personally and may be represented by counsel at the hearing. The hearing shall be private unless the appellant requests a public hearing. 19.11.9 Before the hearing has commenced and during the course of the hearing, the arbitrator may issue subpoenas deuces tecum at the request of either party. Oral evidence shall be taken only on oath or affirmation. The appellant and the Appointing Authority shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him/her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the Appointing Authority. 19.11.10 As soon as may be practicable after the conclusion of the hearing, the arbitrator shall prepare a summary record of the proceedings and prepare recommended findings, conclusions and a decision. The hearing officer shall submit a copy of said record of findings, conclusions and decision to the Board of Supervisors. The arbitrator’s decision shall not add to, subtract from, or otherwise modify the terms and conditions of this Agreement. 19.11.11 Within thirty (30) days after the filing of the record and recommended findings, conclusions and decision of the hearing officer with the Board, the Board shall adopt such recommended findings, conclusions and decision, or shall reject the recommendations of the hearing officer and adopt its own findings, conclusions and decision after a review of the record. The Board shall affirm, modify or reverse the order of the Appointing Authority causing the disciplinary action. Upon rejection of the recommendation by the Board, the entire administrative record shall be delivered to the Board, and the Board shall have an additional ninety (90) days from the date of rejection to review the entire administrative record and adopt its own findings, conclusions and decision in the matter. 19.11.12 The decision of the Board shall be final. 19.11.13 Each party shall bear its/his/her own costs in the disciplinary appeal; except that the expense of the arbitrator, the cost of a certified court reporter and the expense of a transcript of the hearing for the arbitrator shall be shared equally by the parties involved in the action being appealed. All other expenses including, but not limited to, fees for witnesses, transcripts for a party and similar or other costs incurred by a party during the disciplinary appeal shall be the responsibility of that individual party.

Appeals from Disciplinary Action. Only permanent employees who are not serving their initial probationary period shall have the right of appeal from disciplinary action. Appeals from the various disciplinary actions listed in the Disciplinary Action Section of this MOU shall be taken in accordance with the following provisions: 19.11.1 25.11.1 An employee who receives a transfer for the specific purpose of punishment, that does not involve a reduction in salary or loss of pay, may request an evidentiary hearing before the Appointing Authority, or his/her authorized designee. The decision of the Appointing Authority, or his/her authorized designee shall be final and binding. 19.11.2 25.11.2 An employee who receives a transfer for the specific purpose of punishment that involves a loss of pay may request a full evidentiary hearing before the Appointing Authority, or his/her authorized designee, whose decision in the matter shall be final and binding. 19.11.3 25.11.3 An employee who receives a written reprimand that does not involve a reduction in salary or loss of pay may request an evidentiary hearing with the next level of supervision/management above the individual issuing the written reprimand. The employee shall also retain his/her right of rebuttal. If it is in writing, the rebuttal shall be attached to the reprimand and placed in the employee’s personnel file. If after the hearing,, the Appointing Authority, or his/her authorized designee decides to remove the written reprimand from the employee’s personnel file, the employee’s rebuttal (if any) shall likewise be removed. 19.11.4 25.11.4 A “full evidentiary hearing” under the provisions of Section 19.11.2 25.11.2 above, when requested by the employee, shall involve the right to be represented, the calling and cross- examination of witnesses, and the issuance of subpoenas deuces tecum. The individual hearing the matter xxxxxx must not have been involved in the initial decision to issue the discipline. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. An “evidentiary hearing” under the provisions of Section 19.11.1 25.11.1 or 19.11.3 25.11.3 above, where the action taken results in neither reduction in salary nor loss of pay, when requested by the employee, shall involve the right to be represented, to produce evidence, and to present argument; but it shall not include the right to confront or cross-examine witnesses. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. 19.11.5 25.11.5 A disciplinary appeal to arbitration may be filed only by an employee who is not a probationary employee and who occupies a permanent position, and only from disciplinary actions listed in the Disciplinary Action Section of this MOU other than those set forth in 19.11.1 25.11.1 through 19.11.4 25.11.4 above. 19.11.6 25.11.6 The appeal to arbitration must be filed in writing within a period of ten (10) calendar days after the employee is notified of the decision to take disciplinary action. The failure to file the appeal within the prescribed time limit shall constitute an irrevocable waiver of the employee’s disciplinary appeal rights, and the discipline imposed shall become final and binding at the expiration of the ten-day time period. 19.11.7 25.11.7 Within twenty (20) days after the appeal is filed with the County Administrative Officer, the parties shall begin the process to select a mutually acceptable arbitrator. The parties shall then select a mutually agreeable hearing date. 19.11.8 25.11.8 The appellant and the Appointing Authority may appear personally and may be represented by counsel at the hearing. The hearing shall be private unless the appellant requests a public hearing. 19.11.9 25.11.9 Before the hearing has commenced and during the course of the hearing, the arbitrator may issue subpoenas deuces tecum at the request of either party. Oral evidence shall be taken only on oath or affirmation. The appellant and the Appointing Authority shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him/her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the Appointing Authority. 19.11.10 25.11.10 As soon as may be practicable after the conclusion of the hearing, the arbitrator shall prepare a summary record of the proceedings and prepare recommended findings, conclusions and a decision. The hearing officer shall submit a copy of said record of findings, conclusions and decision to the Board of Supervisors. The arbitrator’s decision shall not add to, subtract from, or otherwise modify the terms and conditions of this Agreement. 19.11.11 25.11.11 Within thirty (30) days after the filing of the record and recommended findings, conclusions and decision of the hearing officer with the Board, the Board shall adopt such recommended findings, conclusions and decision, or shall reject the recommendations of the hearing officer and adopt its own findings, conclusions and decision after a review of the record. The Board shall affirm, modify or reverse the order of the Appointing Authority causing the disciplinary action. Upon rejection of the recommendation by the Board, the entire administrative record shall be delivered to the Board, and the Board shall have an additional ninety (90) days from the date of rejection to review the entire administrative record and adopt its own findings, conclusions and decision in the matter.such 19.11.12 25.11.12 The decision of the Board shall be final. 19.11.13 25.11.13 Each party shall bear its/his/her own costs in the disciplinary appeal; except that the expense of the arbitrator, the cost of a certified court reporter and the expense of a transcript of the hearing for the arbitrator shall be shared equally by the parties involved in the action being appealed. All other expenses including, but not limited to, fees for witnesses, transcripts for a party and similar or other costs incurred by a party during the disciplinary appeal shall be the responsibility of that individual party.

Appeals from Disciplinary Action. Only permanent employees who are not serving their initial probationary period shall have the right of appeal from disciplinary action. Appeals from the various disciplinary actions listed in the Disciplinary Action Section of this MOU shall be taken in accordance with the following provisions: 19.11.1 11.11.1 An employee who receives a transfer for the specific purpose of punishment, that does not involve a reduction in salary or loss of pay, may request an evidentiary hearing before the Appointing Authority, or his/her authorized designee. The decision of the Appointing Authority, or his/her authorized designee shall be final and binding. 19.11.2 11.11.2 An employee who receives a transfer for the specific purpose of punishment that involves a loss of pay may request a full evidentiary hearing before the Appointing Authority, or his/her authorized designee, whose decision in the matter shall be final and binding. 19.11.3 11.11.3 An employee who receives a written reprimand that does not involve a reduction in salary or loss of pay may request an evidentiary hearing with the next level of supervision/management above the individual issuing the written reprimand. The employee shall also retain his/her right of rebuttal. If it is in writing, the rebuttal shall be attached to the reprimand and placed in the employee’s personnel file. If after the hearing,, the Appointing Authority, or his/her authorized designee decides to remove the written reprimand from the employee’s personnel file, the employee’s rebuttal (if any) shall likewise be removed. 19.11.4 11.11.4 A “full evidentiary hearing” under the provisions of Section 19.11.2 11.11.2 above, when requested by the employee, shall involve the right to be represented, the calling and cross- examination of witnesses, and the issuance of subpoenas deuces tecum. The individual hearing the matter must not have been involved in the initial decision to issue the discipline. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. An “evidentiary hearing” under the provisions of Section 19.11.1 11.11.1 or 19.11.3 11.11.3 above, where the action taken results in neither reduction in salary nor loss of pay, when requested by the employee, shall involve the right to be represented, to produce evidence, and to present argument; but it shall not include the right to confront or cross-examine witnesses. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. 19.11.5 11.11.5 A disciplinary appeal to arbitration may be filed only by an employee who is not a probationary employee and who occupies a permanent position, and only from disciplinary actions listed in the Disciplinary Action Section of this MOU other than those set forth in 19.11.1 11.11.1 through 19.11.4 11.11.4 above. 19.11.6 11.11.6 The appeal to arbitration must be filed in writing within a period of ten (10) calendar days after the employee is notified of the decision to take disciplinary action. The failure to file the appeal within the prescribed time limit shall constitute an irrevocable waiver of the employee’s disciplinary appeal rights, and the discipline imposed shall become final and binding at the expiration of the ten-day time period. 19.11.7 11.11.7 Within twenty (20) days after the appeal is filed with the County Administrative Officer, the parties shall begin the process to select a mutually acceptable arbitrator. The parties shall then select a mutually agreeable hearing date. 19.11.8 11.11.8 The appellant and the Appointing Authority may appear personally and may be represented by counsel at the hearing. The hearing shall be private unless the appellant requests a public hearing.appellant 19.11.9 11.11.9 Before the hearing has commenced and during the course of the hearing, the arbitrator may issue subpoenas deuces tecum at the request of either party. Oral evidence shall be taken only on oath or affirmation. The appellant and the Appointing Authority shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him/her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the Appointing Authority. 19.11.10 11.11.10 As soon as may be practicable after the conclusion of the hearing, the arbitrator shall prepare a summary record of the proceedings and prepare recommended findings, conclusions and a decision. The hearing officer shall submit a copy of said record of findings, conclusions and decision to the Board of Supervisors. The arbitrator’s decision shall not add to, subtract from, or otherwise modify the terms and conditions of this Agreement. 19.11.11 11.11.11 Within thirty (30) days after the filing of the record and recommended findings, conclusions and decision of the hearing officer with the Board, the Board shall adopt such recommended findings, conclusions and decision, or shall reject the recommendations of the hearing officer and adopt its own findings, conclusions and decision after a review of the record. The Board shall affirm, modify or reverse the order of the Appointing Authority causing the disciplinary action. Upon rejection of the recommendation by the Board, the entire administrative record shall be delivered to the Board, and the Board shall have an additional ninety (90) days from the date of rejection to review the entire administrative record and adopt its own findings, conclusions and decision in the matter. 19.11.12 11.11.12 The decision of the Board shall be final. 19.11.13 11.11.13 Each party shall bear its/his/her own costs in the disciplinary appeal; except that the expense of the arbitrator, the cost of a certified court reporter and the expense of a transcript of the hearing for the arbitrator shall be shared equally by the parties involved in the action being appealed. All other expenses including, but not limited to, fees for witnesses, transcripts for a party and similar or other costs incurred by a party during the disciplinary appeal shall be the responsibility of that individual party.

Appeals from Disciplinary Action. Only permanent employees who are not serving their initial probationary period shall have the right of appeal from disciplinary action. Appeals from the various disciplinary actions listed including dismissal, suspension without pay, disciplinary demotion, reduction in the Disciplinary Action Section salary, transfer for purposes of this MOU punishment, or written reprimand shall be taken in accordance with the following provisions: 19.11.1 1. An employee who receives a transfer for the specific purpose of punishment, that does not involve a reduction in salary or loss of pay, may request an evidentiary hearing before the Appointing Authority, or his/her authorized designee. The decision of the Appointing Authority, Authority or his/her his /her authorized designee shall be final and binding. 19.11.2 2. An employee who receives a transfer for the specific purpose of punishment that involves a loss of pay may request a full evidentiary hearing before the Appointing Authority, or his/her authorized designee, whose decision in the matter shall be final and binding. 19.11.3 3. An employee who receives a written reprimand that does not involve a reduction in salary or loss of pay may request an evidentiary hearing with the next level of supervision/management above the individual issuing the written reprimand. The employee shall also retain his/her right of rebuttal. If it is in writing, the rebuttal shall be attached to the reprimand and placed in the employee’s personnel file. If after the hearing,, the Appointing Authority, or his/her authorized designee decides to remove the written reprimand from the employee’s personnel file, the employee’s rebuttal (if any) shall likewise be removed. 19.11.4 4. A “full evidentiary hearing” under the provisions of Section 19.11.2 16.14.1 above, when requested by the employee, shall involve the right to be represented, the calling and cross- examination of witnesses, and the issuance of subpoenas deuces tecum. The individual hearing the matter must not have been involved in the initial decision to issue the discipline. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. An “evidentiary hearing” under the provisions of Section 19.11.1 16.14.1 or 19.11.3 16.14.3 above, where the action taken results in neither reduction in salary nor loss of pay, when requested by the employee, shall involve the right to be represented, to produce evidence, and to present argument; but it shall not include the right to confront or cross-examine witnessesneither 5. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. 19.11.5 A disciplinary appeal to arbitration may be filed only by an employee who is not a probationary employee and who occupies a permanent position, and only from disciplinary actions listed in the Disciplinary Action Section of this MOU 16.14 other than those set forth in 19.11.1 through 19.11.4 16.14.1-4 above. 19.11.6 6. The appeal to arbitration must be filed in writing within a period of ten (10) calendar days after the employee is notified of the decision to take disciplinary action. The failure to file the appeal within the prescribed time limit shall constitute an irrevocable waiver of the employee’s disciplinary appeal rights, and the discipline imposed shall become final and binding at the expiration of the ten-day time period. A disciplinary appeal to arbitration shall be filed with the County Administrative Officer, shall be handled confidentially, and a copy of the appeal filed shall promptly be sent to both the Appointing Authority and the County Counsel’s Office. 19.11.7 7. Within twenty (20) days after the appeal is filed with the County Administrative Officer, the parties shall begin the process to select a mutually acceptable arbitrator. The parties shall then select a mutually agreeable hearing date. Except as otherwise mutually agreed upon by the parties in a specific case, an arbitrator shall be selected and a hearing shall be scheduled within sixty (60) calendar days after the appeal is filed. 19.11.8 8. The appellant and the Appointing Authority may appear personally and may be represented by counsel at the hearing. The hearing shall be private unless the appellant requests a public hearing. 19.11.9 9. Before the hearing has commenced and during the course of the hearing, the arbitrator may issue subpoenas deuces tecum at the request of either party. Oral evidence shall be taken only on oath or affirmation. The appellant and the Appointing Authority shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him/her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the Appointing Authority. 19.11.10 10. As soon as may be practicable after the conclusion of the hearing, the arbitrator shall prepare a summary record of the proceedings and prepare recommended findings, conclusions and a decision. The hearing officer shall submit a copy of said record of findings, conclusions and decision to the Board of Supervisors. The arbitrator’s decision shall not add to, subtract from, or otherwise modify the terms and conditions of this Agreement. 19.11.11 11. Within thirty (30) days after the filing of the record and recommended findings, conclusions and decision of the hearing officer with the Board, the Board shall adopt such recommended findings, conclusions and decision, or shall reject the recommendations of the hearing officer and adopt its own findings, conclusions and decision after a review of the record. The Board shall affirm, modify or reverse the order of the Appointing Authority causing the disciplinary action. Upon rejection of the recommendation by the Board, the entire administrative record shall be delivered to the Board, and the Board shall have an additional ninety (90) days from the date of rejection to review the entire administrative record and adopt its own findings, conclusions and decision in the matter.delivered 19.11.12 12. The decision of the Board shall be final. 19.11.13 Each 13. Except as otherwise required by law, each party shall bear its/his/her own costs in the disciplinary appeal; except . Except that the expense of the arbitrator, the cost of a certified court reporter and the expense of a transcript of the hearing for the arbitrator shall be shared equally by the parties involved in the action being appealed. All other expenses including, but not limited to, fees for witnesses, transcripts for a party and similar or other costs incurred by a party during the disciplinary appeal shall be the responsibility of that individual party.

Appeals from Disciplinary Action. Only permanent a. The disciplinary actions of written reprimand and suspension without pay for a period of three (3) days or less shall not be subject to any disciplinary appeal except as provided in "b" below. b. Employees (other than temporary employees, or probationary employees, or employees who are not serving serve at the pleasure of their initial probationary period shall have the right of Appointing Authority) occupying a permanent position may file a written appeal from disciplinary action. Appeals from the various disciplinary actions listed in the Disciplinary Action Section of this MOU shall be taken in accordance with the following provisions: 19.11.1 An employee who receives a transfer for the specific purpose of punishment, that does not involve a reduction in salary or loss of pay, may request an evidentiary hearing before the Appointing Authority, or his/her authorized designee. The decision of the Appointing Authority, or his/her authorized designee shall be final and binding. 19.11.2 An employee who receives a transfer for the specific purpose of punishment that involves a loss of pay may request a full evidentiary hearing before the Appointing Authority, or his/her authorized designee, whose decision in the matter shall be final and binding. 19.11.3 An employee who receives a written reprimand that does not involve a reduction in salary or loss of pay may request an evidentiary hearing with the next level of supervision/management above the individual issuing the written reprimand. The employee shall also retain his/her right of rebuttal. If it is in writing, the rebuttal shall be attached to the reprimand and placed in the employee’s personnel file. If after the hearing, 19.11.4 A “full evidentiary hearing” under the provisions of Section 19.11.2 above, when requested by the employee, shall involve the right to be represented, the calling and cross- examination of witnesses, and the issuance of subpoenas deuces tecum. The individual hearing the matter must not have been involved in the initial decision to issue the discipline. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. An “evidentiary hearing” under the provisions of Section 19.11.1 or 19.11.3 above, where the action taken results in neither reduction in salary nor loss of pay, when requested by the employee, shall involve the right to be represented, to produce evidence, and to present argument; but it shall not include the right to confront or cross-examine witnesses. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. 19.11.5 A disciplinary appeal to arbitration may be filed only by an employee who is not a probationary employee and who occupies a permanent position, and only from disciplinary actions listed in the Disciplinary Action Section of this MOU other than those set forth in 19.11.1 through 19.11.4 a) above. 19.11.6 The . Said appeal to arbitration must be filed in writing within a period of ten (10) calendar days after the employee is notified notification of the decision to take disciplinary action. The failure . c. Said written appeal shall be filed with the Clerk to file the Board of Supervisors and state the basis of the appeal within the prescribed time limit and shall constitute an irrevocable waiver contain a specific admission or denial of the employee’s material allegations contained in the notice of disciplinary appeal rights, and the discipline imposed shall become final and binding at the expiration of the ten-day time periodaction. 19.11.7 d. Within twenty thirty (2030) days after the filing of the appeal is filed with the County Administrative Officersaid Clerk, the parties Board of Supervisors shall begin the process to select appoint a mutually acceptable arbitratorhearing officer. The parties hearing officer shall then select commence a mutually agreeable hearing date. 19.11.8 on the appeal as soon as possible. The appellant and the Appointing Authority may appear personally and may be represented by counsel at the hearing. The hearing shall be private public unless the appellant requests a public private hearing. 19.11.9 e. Before the hearing has commenced and during the course of the hearing, the arbitrator may hearing officer shall issue subpoenas deuces duces tecum at the request of either party. Oral evidence shall be taken only on oath or affirmation. The appellant and the Appointing Authority shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him/her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the Appointing AuthorityCounty. 19.11.10 As soon as may be practicable after f. At the conclusion of the hearing, the arbitrator hearing officer shall prepare a summary record of the proceedings and prepare recommended findings, conclusions and a decision. The hearing officer shall submit a copy of said record of findings, conclusions and decision to the Board of Supervisors. The arbitrator’s decision shall not add to, subtract from, or otherwise modify the terms and conditions of this Agreement. 19.11.11 g. Within thirty (30) days after the filing of the record and recommended findings, conclusions and decision of the hearing officer with the BoardBoard of Supervisors, the Board shall adopt such recommended findings, conclusions and decision, or shall reject the recommendations of the hearing officer and adopt its own findings, conclusions and decision after a review of the record. The Board shall affirm, modify or reverse the order of the Appointing Authority causing the disciplinary action. Upon rejection of the recommendation by the Board, the entire administrative record shall be delivered to the Board, and the Board shall have an additional ninety (90) days from the date of rejection to review the entire administrative record and adopt its own findings, conclusions and decision in the matter. 19.11.12 h. The decision of the Board shall be final. 19.11.13 Each party shall bear its/his/her own costs in . In the disciplinary appeal; except event that the expense Board shall modify or reverse the order of the arbitratorAppointing Authority imposing disciplinary action, the Board shall, at the request of an Appointing Authority who is required to file an individual official bond, require the employee to file an individual bond, said bond to be executed by said employee as principal, in an amount equal to the official bond filed by the Appointing Authority, said bond to inure to the benefit of the Appointing Authority. The premium cost of a certified court reporter and the expense of a transcript of the hearing for the arbitrator said bond shall be shared equally by charged against the parties involved in the action being appealed. All other expenses including, but not limited to, fees for witnesses, transcripts for a party and similar or other costs incurred by a party during the disciplinary appeal shall be the responsibility of that individual partyCounty.

Appeals from Disciplinary Action. Only permanent employees who are not serving their initial probationary period shall have the right of appeal from disciplinary action. Appeals from the various disciplinary actions listed in the Disciplinary Action Section of this MOU 10.1 shall be taken in accordance with the following provisions: 19.11.1 10.11.1 An employee who receives a transfer for the specific purpose of punishment, that does not involve a reduction in salary or loss of pay, may request an evidentiary hearing before the Appointing Authority, or his/her authorized designee. The decision of the Appointing Authority, or his/her authorized designee shall be final and binding. 19.11.2 10.11.2 An employee who receives a transfer for the specific purpose of punishment that involves a loss of pay may request a full evidentiary hearing before the Appointing Authority, or his/her authorized designee, whose decision in the matter shall be final and binding.Appointing 19.11.3 10.11.3 An employee who receives a written reprimand that does not involve a reduction in salary or loss of pay may request an evidentiary hearing with the next level of supervision/management above the individual issuing the written reprimand. The employee shall also retain his/her right of rebuttal. If it is in writing, the rebuttal shall be attached to the reprimand and placed in the employee’s personnel file. If after the hearing,, the Appointing Authority, or his/her authorized designee decides to remove the written reprimand from the employee’s personnel file, the employee’s rebuttal (if any) shall likewise be removed. 19.11.4 10.11.4 A “full evidentiary hearing” under the provisions of Section 19.11.2 10.11.2 above, when requested by the employee, shall involve the right to be represented, the calling and cross- cross-examination of witnesses, and the issuance of subpoenas deuces tecum. The individual hearing the matter must not have been involved in the initial decision to issue the discipline. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. An “evidentiary hearing” under the provisions of Section 19.11.1 10.11.1 or 19.11.3 10.11.3 above, where the action taken results in neither reduction in salary nor loss of pay, when requested by the employee, shall involve the right to be represented, to produce evidence, and to present argument; but it shall not include the right to confront or cross-examine witnesses. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. 19.11.5 10.11.5 A disciplinary appeal to arbitration may be filed only by an employee who is not a probationary employee and who occupies a permanent position, and only from disciplinary actions listed in the Disciplinary Action Section of this MOU 10.1 other than those set forth in 19.11.1 through 19.11.4 above.10.11.1 through 19.11.6 10.11.6 The appeal to arbitration must be filed in writing within a period of ten (10) calendar days after the employee is notified of the decision to take disciplinary action. The failure to file the appeal within the prescribed time limit shall constitute an irrevocable waiver of the employee’s disciplinary appeal rights, and the discipline imposed shall become final and binding at the expiration of the ten-day time period. 19.11.7 10.11.7 Within twenty (20) days after the appeal is filed with the County Administrative Officer, the parties shall begin the process to select a mutually acceptable arbitrator. The parties shall then select a mutually agreeable hearing date. 19.11.8 10.11.8 The appellant and the Appointing Authority may appear personally and may be represented by counsel at the hearing. The hearing shall be private unless the appellant requests a public hearing. 19.11.9 10.11.9 Before the hearing has commenced and during the course of the hearing, the arbitrator may issue subpoenas deuces tecum at the request of either party. Oral evidence shall be taken only on oath or affirmation. The appellant and the Appointing Authority shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him/her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the Appointing Authority. 19.11.10 10.11.10 As soon as may be practicable after the conclusion of the hearing, the arbitrator shall prepare a summary record of the proceedings and prepare recommended findings, conclusions and a decision. The hearing officer shall submit a copy of said record of findings, conclusions and decision to the Board of Supervisors. The arbitrator’s decision shall not add to, subtract from, or otherwise modify the terms and conditions of this Agreement. 19.11.11 10.11.11 Within thirty (30) days after the filing of the record and recommended findings, conclusions and decision of the hearing officer with the Board, the Board shall adopt such recommended findings, conclusions and decision, or shall reject the recommendations of the hearing officer and adopt its own findings, conclusions and decision after a review of the record. The Board shall affirm, modify or reverse the order of the Appointing Authority causing the disciplinary action. Upon rejection of the recommendation by the Board, the entire administrative record shall be delivered to the Board, and the Board shall have an additional ninety (90) days from the date of rejection to review the entire administrative record and adopt its own findings, conclusions and decision in the matter. 19.11.12 10.11.12 The decision of the Board shall be final. In the event that the Board shall modify or reverse the order of the Appointing Authority imposing disciplinary action, the Board shall, at the request of an Appointing Authority who is required to file an individual bond, require the employee to file an individual bond, said bond to be executed by said employee as principal, in an amount equal to the official bond filed by the Appointing Authority, said bond to inure to the benefit of the Appointing Authority. The premium cost of said bond shall be charged against the County. 19.11.13 10.11.13 Each party shall bear its/his/her own costs in the disciplinary appeal; except that the expense of the arbitrator, the cost of a certified court reporter and the expense of a transcript of the hearing for the arbitrator shall be shared equally by the parties involved in the action being appealed. All other expenses including, but not limited to, fees for witnesses, transcripts for a party and similar or other costs incurred by a party during the disciplinary appeal shall be the responsibility of that individual party.