Burden of Proof/Persuasion Sample Clauses

Burden of Proof/Persuasion a. If the action being appealed does not involve allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, and/or City or Police Department regulations, procedures, or rules) the limited purpose of the hearing shall be to provide the employee the opportunity to establish a record of the circumstances surrounding the action. The City’s burden shall be satisfied if the City establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances. For example, if the Police Department effected a non-disciplinary transfer of an employee out of a premium pay assignment with the intent of affording other employees the opportunity to work in the assignment, the decision would not be subject to being overturned as long as it was reasonable, even if one or more persons might disagree with the decision.
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Burden of Proof/Persuasion. A. Unless the action being appealed involves allegations of misconduct (i.e., allegations that the employee has violated one or more federal, state, or local laws, and/or County regulations, procedures, or rules) the limited purpose of the hearing shall be to provide the officer the opportunity to establish a record of the circumstances surrounding the action. The Department’s burden shall be satisfied if the Department establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances.
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Burden of Proof/Persuasion. A. The purpose of the hearing shall be to provide the affected peace officer an opportunity to appeal a transfer s/he believes may be punitive and establish a record of the circumstances surrounding the action.
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