Common use of Burden of Proof/Persuasion Clause in Contracts

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. b. If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances. For example, if an employee received a written reprimand for unauthorized absence from work then the City would bear the burden of proving that the employee was absent from work without authorization and that a written reprimand was reasonable under the circumstances.

Burden of Proof/Persuasion. a. If the punitive action being appealed does not involve allegations of misconduct (i.e., allegations that the officer Police Management employee 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 an 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. b. If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances. For example, if an employee received a written reprimand for unauthorized absence from work then the City would bear the burden of proving that the employee was absent from work without authorization and that a written reprimand was reasonable under the circumstances.

Burden of Proof/Persuasion. a. A. If the action being appealed does not involve allegations of misconduct (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) , then the limited purpose of the hearing shall be to provide the employee officer the opportunity to establish a record of the circumstances surrounding the action. The CityIn such cases, the Department’s burden shall be is satisfied if the City Department 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 imposes a non-disciplinary transfer of an employee officer out of a premium pay assignment with the intent of affording other employees officers 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. b. B. If the punitive action involves one or more charges of misconduct, (i.e., allegations that the employee officer has violated one or more laws, regulations, procedures, or rules), the City Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct misconduct, and the burden of persuasion that the punitive action was reasonable under the circumstances. For example, if an employee received a written reprimand officer was subjected to punitive action for unauthorized absence from work work, then the City Department would bear the burden of proving that the employee officer was absent from work without authorization and that a written reprimand the punitive action being appealed was reasonable under the circumstances.