Appeals of Suspension or Dismissal. Grievances may be filed with respect to any disciplinary action (other than an oral reprimand) taken against an employee. If the disciplinary action is a suspension ordered by the Chief of Police, the grievance shall be filed at Step 4 of the grievance procedure within ten (10) calendar days of receipt of the written formal notice of discipline and shall thereafter be processed in accordance with Article 9 of this Agreement. For disciplinary action requiring measures which exceed the Chief of Police’s authority, an employee shall elect to have the discipline matter heard before the Board of Fire and Police Commission, according to its rules and regulations, or processed through the grievance and arbitration procedure of this Agreement; said form is attached to this Agreement. The review and appeal forums of review are mutually exclusive. If an employee makes the election for review through the grievance and arbitration provisions of this Agreement, the employee waives his/her right to a hearing before the Board of Fire and Police Commission, and vice versa. The employee must submit the election form within five (5) calendar days of receipt of charges and recommended discipline. Failure to meet this deadline results in the default procedure, through the Board of Fire and Police Commission. Any grievance shall be filed within ten (10) calendar days of the employee’s receipt of the Chief of Police’s notice of charges to be filed with the Board of Fire and Police Commission and recommended disciplinary action. Where the employee has elected review through the grievance and arbitration provisions of this Agreement, the Chief of Police, with the concurrence of the Mayor, may impose the recommended discipline upon the filing of the grievance contesting the matter. Any appeal to arbitration of a disciplinary grievance shall be signed by the Labor Council Field Representative or his designee and shall also contain a signed statement from the affected employee(s) waiving any and all rights they may have to appeal the subject action to the Board of Fire and Police Commissioners (in the case of disciplinary action under the statutory jurisdiction of the Board of Fire and Police Commissioners). Any disciplinary action grievance filed without the required signed waiver shall not be arbitrable and the arbitrator shall be without jurisdiction to consider or rule upon it.
