Common use of Candidates under Investigation Clause in Contracts

Candidates under Investigation. A. The Chief has the discretion not to promote a candidate who is under investigation for committing an act or acts of misconduct that, if proven, could result in a suspension of twenty (20) days or more. Such a candidate shall be notified on an Interoffice Communication (IOC) from the Chief that he/she is exercising his/her discretion not to promote the candidate. B. If said act or acts of misconduct is/are the sole basis for not promoting the candidate, the action plan procedure set forth in Section 10.8 above shall not apply to the candidate, nor shall the decision to pass over the candidate be subject to challenge until findings are entered in the investigation. C. The candidate will remain on the eligible list during the investigation. If, upon completion of the disciplinary investigation, the charges are not proven or are determined to be unfounded, or if the candidate is exonerated, the candidate will be considered for the next promotion. If the candidate is promoted, he/she will receive retroactive seniority and back pay to the date of the filling of the first position for which the candidate was passed over. The expiration of an eligible list shall not affect any obligation to consider a candidate for the next promotion under the provisions of this Subsection. D. If said act or acts of misconduct is/are not the sole basis for not promoting the candidate, the action plan procedure set forth in Section 10.8 above shall apply to the candidate, but the Chief is not obligated to promote the candidate after successful completion of the action plan until after findings are entered in the investigation.

Candidates under Investigation. ‌ A. The Chief has the discretion not to promote a candidate who is under investigation for committing an act or acts of misconduct that, if proven, could result in a suspension of twenty (20) days or more. Such a candidate shall be notified on an Interoffice Communication (IOC) from the Chief that he/she is exercising his/her discretion not to promote the candidate. B. If said act or acts of misconduct is/are the sole basis for not promoting the candidate, the action plan procedure set forth in Section 10.8 above shall not apply to the candidate, nor shall the decision to pass over the candidate be subject to challenge until findings are entered in the investigation. C. The candidate will remain on the eligible list during the investigation. If, upon completion of the disciplinary investigation, the charges are not proven or are determined to be unfounded, or if the candidate is exonerated, the candidate will be considered for the next promotion. If the candidate is promoted, he/she will receive retroactive seniority and back pay to the date of the filling of the first position for which the candidate was passed over. The expiration of an eligible list shall not affect any obligation to consider a candidate for the next promotion under the provisions of this Subsection. D. If said act or acts of misconduct is/are not the sole basis for not promoting the candidate, the action plan procedure set forth in Section 10.8 above shall apply to the candidate, but the Chief is not obligated to promote the candidate after successful completion of the action plan until after findings are entered in the investigation.

Candidates under Investigation. A. The Chief has the discretion not to promote a candidate who is under investigation for committing an act or acts of misconduct that, if proven, could result in a suspension of twenty (20) days or more. Such a candidate shall be notified on an Interoffice Communication (IOC) from the Chief that he/she is exercising his/her discretion not to promote the candidate. B. If said act or acts of misconduct is/are the sole basis for not promoting the candidate, the action plan procedure set forth in Section 10.8 above shall not apply to the candidate, nor shall the decision to pass over the candidate be subject to challenge until findings are entered in the investigation. C. The candidate will remain on the eligible list during the investigation. If, upon completion of the disciplinary investigation, the charges are not proven or are determined to be unfounded, or if the candidate is exonerated, the candidate will be considered for the next promotion. If the candidate is promoted, he/she will receive retroactive seniority and back pay to the date of the filling of the first position for which the candidate was passed over. The expiration of an eligible list shall not affect any obligation to consider a candidate for the next promotion under the provisions of this Subsection.Subsection.‌ D. If said act or acts of misconduct is/are not the sole basis for not promoting the candidate, the action plan procedure set forth in Section 10.8 above shall apply to the candidate, but the Chief is not obligated to promote the candidate after successful completion of the action plan until after findings are entered in the investigation.