Appeals of Disciplinary Actions. An employee in the Union, having obtained civil service status in the County's Civil Service System, shall have the right to appeal a termination, demotion in class or salary step or suspension without pay. Such appeal shall be in accordance with the provisions of the Personnel Rules.
Appeals of Disciplinary Actions a. Appeals of disciplinary actions other than terminations, may be taken exclusively through the provisions of the Grievance Procedure set forth in this Agreement.
b. Steps of the grievance procedure may be waived to Level Two upon mutual agreement so that the principal imposing the disciplinary action may hear the appeal.
Appeals of Disciplinary Actions. All disciplinary actions (i.e., dismissal, demotion, or suspension without pay) must be in writing and signed by the appointing authority or designee. The employee will receive a written notice of proposed discipline which will include the nature of the discipline, the facts upon which the discipline is based, and the effective date of the proposed disciplinary action. Each employee will, upon request, receive copies of all materials that relate to the proposed discipline. The failure of a Department Head to follow this procedure shall not render the action void nor constitute a defense by an employee to a disciplinary action.
Appeals of Disciplinary Actions.
A. Except as specified in B. below, an employee in the GE, PL, or SU Units, having obtained permanent status in the County's Civil Service System, shall have the right to appeal a termination, demotion in class or salary step or suspension without pay. Such appeal shall be in accordance with the provisions of County’s Personnel Rules Part 12.
B. GE, PL, or SU Unit employees who are covered by the State Merit System shall have the right to appeal a termination, demotion or suspension without pay in accordance with the definitions and procedures provided for in the California Administrative Code, Title 2, Division 5, Local Agency Personnel Standards (LAPS).
C. If the County takes any adverse action against an employee, the employee will have a right to County documents which are job related and which might have an exculpatory effect.
Appeals of Disciplinary Actions. All disciplinary actions (i.e., dismissal, demotion, in-class reductions in pay step, or suspension without pay) must be in writing and signed by the appointing authority or designee. The employee will receive a written notice of proposed discipline which will include the nature of the discipline, the facts upon which the discipline is based, and the effective date of the proposed disciplinary action. Each employee will, upon request, receive copies of all materials that relate to the proposed discipline. Appeals of Letters of Reprimand or Punitive Transfers shall be handled in accordance with existing statutory and/or case law, and in conformance with Police Department Policy #201. The failure of a Department Head to follow this procedure shall not render the action void nor constitute a defense by an employee to a disciplinary action.
Appeals of Disciplinary Actions. Appeals of disciplinary actions imposed by the City Manager or designee shall be filed at the City Manager’s level of the Grievance Procedure. Appeals of disciplinary actions imposed by the Fire Chief or designee shall be filed at the Fire Chief’s level of the Grievance Procedure. Appeals of disciplinary actions imposed by Fire Lieutenants or Battalion Chiefs shall be filed at the Battalion Chief’s level of the Grievance Procedure. Whenever possible, appeals are to be filed with the supervisor who ordered the discipline. In the case of an appeal of a Lieutenant’s order of discipline, the Step 2 appeal shall be filed to the employee’s Battalion Chief or designee. Section G-Confidentiality Both the Union and the City recognize that discussions between any member(s) of the Union subject to the disciplinary proceedings or under investigation for conduct or action contrary to the provisions of this Agreement; the Riverside Fire Department Policies and Procedures, and/or the City of Riverside Personnel Policy Manual and Union Representatives, or other member selected by the employee are confidential in nature. Both the Union and the City also recognize that, in the event any member(s) of the Union subject to disciplinary proceedings or under investigation for conduct or action, who discuss said disciplinary proceedings or investigation for conduct or action with members of the Union who are not classified as Union Representatives or another member selected by the employee, or subject to the same disciplinary proceedings or under investigation for the same conduction or action, waives the right to said confidentiality. By waiving such right of confidentiality as outlined above, those members of the Union who are knowledgeable to information pertinent to the disciplinary proceedings or investigation for conduct or action, may be compelled to provide testimony to their knowledge of events or information, as may have been shared with them through conversations or discussions in which confidentiality was waived as described herein.
Appeals of Disciplinary Actions. Any employee subject to the provisions of this Memorandum of Understanding shall have the right of appeal from any disciplinary action imposed on him/her, subject to the following conditions:
Appeals of Disciplinary Actions. The decision of the Department Head is final and not subject to further appeal except for terminations, disciplinary suspensions without pay, demotions and pay reductions for disciplinary purposes, which may be appealed as follows:
a. Within ten (10) working days (Monday-Thursday, excluding holidays) of receiving the Order of Discipline, the employee or the Association shall submit a written appeal to the Human Resources Manager.
b. A Hearing Panel composed of three (3) people will hear the appeal. One
(1) member of the Hearing Panel shall be appointed by the employee, and one member of the Hearing Panel shall be appointed by the Human Resources Manager. The third member of the Hearing Panel, who shall act as chair, shall be mutually selected by the employee and the Human Resources Manager from a list of arbitrators to be obtained from the California State Mediation and Conciliation Service, which list shall be requested within five (5) working days (Monday-Thursday, excluding holidays) from the date of the appeal. After the selection of the arbitrator, the Human Resources Manager shall schedule an evidentiary hearing before the Hearing Panel within twenty (20) working days (Monday-Thursday, excluding holidays) from the date of the appeal, or as soon as possible depending upon the availability of the arbitrator. Each side shall bear the cost of their individually selected panel member, and the cost of the mutually selected panel member shall be borne equally by the City and the Association.
c. Within ten (10) working days (Monday-Thursday, excluding holidays) of the close of said hearing, the Hearing Panel shall provide a written statement of its recommendation, including any findings, to the Human Resources Manager and the employee.
d. Within five (5) working days (Monday-Thursday, excluding holidays) after their respective receipt thereof, the Human Resources Manager shall forward the Hearing Panel’s written statement of recommendation to the City Manager for his consideration.
Appeals of Disciplinary Actions. When any disciplinary action listed above is taken, the employee shall have ten (10) calendar days) days from the effective date of the suspension, reduction or dismissal in which to file his/her grievance and to invoke the grievance and arbitration procedure. Disciplinary action involving any suspension, a reduction in rank or dismissal may be appealed through the grievance and arbitration procedure set forth in the Agreement and shall immediately move to Step 3 in cases where the Chief Deputy served as the hearing officer, or to Step 4 (mediation) or to Step 5 (arbitration) in cases where the Clerk of Courts served as the hearing officer.
Appeals of Disciplinary Actions. An employee in this unit, having obtained Civil Service status, shall have the right to appeal pursuant to Government Code Section 3300 et seq. a termination, demotion in class or salary step, or suspension without pay. Such appeal shall be in accordance with the provisions of Personnel Rule Part 12. An employee may appeal any other disciplinary action recognized under Government Code Section 3300 et seq. to the Sheriff or the Sheriff’s designee within ten (10) calendar days of receiving written notice of the disciplinary action. The Sheriff or Sheriff’s designee shall provide an appeal consistent with Xxxxx v. City and County of San Francisco (1979) 98 Cal.App.3d 340.
