Departmental Hearings. Prior to any Departmental Hearing before the Safety Director or the Director’s designee, the affected member shall receive from the Chief of Police or designee a written statement of all charges and specifications. The member shall also receive notification from the Safety Director as to the hearing date and time. The member shall also receive notification as to the evidence which supports the disciplinary charges and specifications. At a Departmental Hearing, the charged member shall be allowed to be represented by a Lodge representative or Lodge Attorney, shall be allowed to call witnesses material to his or her defense, and shall be given an opportunity to cross-examine any adverse witnesses. Hearings shall be held in the Police Department unless an alternative site is mutually agreed upon by the parties. All hearings shall be recorded by the City, and in the event that the Director's decision is appealed to a Step Four grievance under Section 5.4, the member shall receive a copy of any transcript made of the hearing at no charge. The hearing may be recorded by the Lodge or the City or both. A member who is charged, or his or her Lodge representative or Lodge Attorney, may make a written request for continuance of the hearing. Such request will be granted where practicable at the discretion of the Safety Director. The length of such continuance shall be mutually agreed upon. The City shall notify the affected member and the Lodge President of any decisions reached as a result of a Departmental Hearing. A good faith effort will be made to provide such notification prior to any public statement. Where the Safety Director imposes discipline upon a member, after a Departmental hearing is held or waived by the member, the Director's decision may be submitted to Step Four (Mayor) of the grievance procedure under Section 5.4. In such a case, a grievance need not be submitted at any prior step in the grievance procedure for the matter to proceed to arbitration.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Contract Between City of Whitehall, Ohio and the Fraternal Order of Police, Capital City Lodge 9
Departmental Hearings. Prior Departmental hearings will be held prior to the imposition of any suspensions, reduction in pay or rank, and/or removal. At least seven (7) calendar days, prior to any Departmental Hearing before the Safety Director Mayor or his designee the Director’s designee, the affected member shall will receive from the Chief of Police or designee a written statement of all charges and specifications. The member shall also receive notification from specifications as well as notice of time and date of the Safety Director as to the hearing date and time. The member shall also receive notification as to the evidence which supports the disciplinary charges and specificationsDepartmental Hearing. At a Departmental Hearing, the charged member shall be allowed to be represented by a Lodge representative attorney or Lodge Attorney, shall representative. The place for the hearings will be allowed to call witnesses material to his or her defense, and shall be given an opportunity to cross-examine any adverse witnesses. Hearings shall be held in the Police Department unless an alternative site is mutually agreed upon determined by the partiesMayor or his designee. All hearings Xxxxxxxx shall be recorded by at the City, and in the event that the Director's decision is appealed to a Step Four grievance under Section 5.4, the member shall receive a copy of any transcript made direction of the hearing Mayor or his designee or at no charge. The hearing may be recorded by the Lodge request of either the Division of Police or the City or bothmember. A member Member who is charged, or his or her Lodge representative attorney or Lodge Attorneyrepresentative, may make a written request for one continuance of the hearingDepartmental Hearing. Such request will be granted where practicable at the discretion of the Safety DirectorMayor or his designee. The length of such continuance Departmental Hearing shall be mutually agreed uponclosed to the public, press, and others not directly involved in such hearing. The City shall will make a good faith effort to notify the affected member and of the Lodge President of any decisions decision reached as a result of a the Departmental Hearing. A good faith effort will be made to provide such notification Hearing prior to any public statement. Where A Member who is charged, or his or her OPBA attorney or OPBA representative, may make a written request, directly to the Safety Director imposes discipline upon Chief, to review his or her personnel file. Such request will be granted within a member, after a Departmental hearing is held or waived reasonable time by the member, the Director's decision may be submitted to Step Four (Mayor) of the grievance procedure under Section 5.4. In such a case, a grievance need not be submitted at any prior step Chief in the grievance procedure for case of a pending Departmental Hearing. The member and/or his or her OPBA Attorney or OPBA representative shall have the matter opportunity to proceed confront and cross-examine his or her accusers and offer testimony and call witnesses and present evidence on his or her behalf. Any member who is on duty and called as a witness shall be released with pay in order to arbitrationattend the hearing. The calling of witnesses shall not unduly interfere with Departmental operations.
Appears in 3 contracts
Samples: Tentative Agreement, Collective Bargaining Agreement, Tentative Agreement
Departmental Hearings. Prior Departmental hearings will be held prior to the imposition of any suspensions, reduction in pay or rank, and/or removal. At least seven (7) calendar days, prior to any Departmental Hearing before the Safety Director or the Director’s designee, the affected member shall will receive from the Chief of Police or designee a written statement of all charges and specifications. The member shall also receive notification from specifications as well as notice of time and date of the Safety Director as to the hearing date and time. The member shall also receive notification as to the evidence which supports the disciplinary charges and specificationsDepartmental Hearing. At a Departmental Hearing, the charged member shall be allowed to be represented by a Lodge representative OPBA attorney or Lodge Attorney, shall representative. The place for the hearings will be allowed to call witnesses material to his or her defense, and shall be given an opportunity to cross-examine any adverse witnessesdetermined by the Safety Director. Hearings shall be held in recorded at the Police Department unless an alternative site is mutually agreed upon by the parties. All hearings shall be recorded by the City, and in the event that the Director's decision is appealed to a Step Four grievance under Section 5.4, the member shall receive a copy of any transcript made direction of the hearing Safety Director or at no charge. The hearing may be recorded by the Lodge request of either the Division of Police or the City or bothmember. A member Member who is charged, or his or her Lodge representative OPBA attorney or Lodge Attorneyrepresentative, may make a written request for one continuance of the hearingDepartmental Hearing. Such request will be granted where practicable at the discretion of the Safety Director. The length of such continuance Departmental Hearing shall be mutually agreed uponclosed to the public, press, and others not directly involved in such hearing. The City shall will make a good faith effort to notify the affected member and of the Lodge President of any decisions decision reached as a result of a the Departmental Hearing. A good faith effort will be made to provide such notification Hearing prior to any public statement. Where A Member who is charged, or his or her OPBA attorney or OPBA representative, may make a written request, directly to the Safety Director imposes discipline upon Chief, to review his or her personnel file. Such request will be granted within a member, after a Departmental hearing is held or waived reasonable time by the member, the Director's decision may be submitted to Step Four (Mayor) of the grievance procedure under Section 5.4. In such a case, a grievance need not be submitted at any prior step Chief in the grievance procedure for case of a pending Departmental Hearing. The member and/or his or her OPBA Attorney or OPBA representative shall have the matter opportunity to proceed confront and cross-examine his or her accusers and offer testimony and call witnesses and present evidence on his or her behalf. Any member who is on duty and called as a witness shall be released with pay in order to arbitrationattend the hearing. The calling of witnesses shall not unduly interfere with Departmental operations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Departmental Hearings. Prior Departmental hearings will be held prior to the imposition of any suspensions, reduction in pay or rank, and/or removal. At least ten (10) calendar days, prior to any Departmental Hearing before the Safety Director Mayor or his/her designee the Director’s designee, the affected member shall will receive from the Chief of Police or designee a written statement of all charges and specifications. The member shall also receive notification from specifications as well as notice of time and date of the Safety Director as to the hearing date and time. The member shall also receive notification as to the evidence which supports the disciplinary charges and specificationsDepartmental Hearing. At a Departmental Hearing, the charged member shall be allowed to be represented by a Lodge representative attorney or Lodge Attorney, shall representative. The place for the hearings will be allowed to call witnesses material to his or her defense, and shall be given an opportunity to cross-examine any adverse witnesses. Hearings shall be held in the Police Department unless an alternative site is mutually agreed upon determined by the partiesMayor or his/her designee. All hearings Xxxxxxxx shall be recorded by at the City, and in the event that the Director's decision is appealed to a Step Four grievance under Section 5.4, the member shall receive a copy of any transcript made direction of the hearing Mayor or his/her designee or at no charge. The hearing may be recorded by the Lodge request of either the Division of Police or the City or bothmember. A member Member who is charged, or his or her Lodge representative attorney or Lodge Attorneyrepresentative, may make a written request for one continuance of the hearingDepartmental Hearing. Such request will be granted where practicable at the discretion of the Safety DirectorMayor or his designee. The length of such continuance Departmental Hearing shall be mutually agreed uponclosed to the public, press, and others not directly involved in such hearing. The City shall will make a good faith effort to notify the affected member and of the Lodge President of any decisions decision reached as a result of a the Departmental Hearing. A good faith effort will be made to provide such notification Hearing prior to any public statement. Where A Member who is charged, or his or her Lodge attorney or Lodge representative, may make a written request, directly to the Safety Director imposes discipline upon Chief, to review his or her personnel file. Such request will be granted within a member, after a Departmental hearing is held or waived reasonable time by the member, the Director's decision may be submitted to Step Four (Mayor) of the grievance procedure under Section 5.4. In such a case, a grievance need not be submitted at any prior step Chief in the grievance procedure for case of a pending Departmental Hearing. The member and/or his or her Lodge Attorney or Lodge representative shall have the matter opportunity to proceed confront and cross-examine his or her accusers and offer testimony and call witnesses and present evidence on his or her behalf. Any member who is on duty and called as a witness shall be released with pay in order to arbitrationattend the hearing. The calling of witnesses shall not unduly interfere with Departmental operations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Departmental Hearings. Prior Departmental hearings will be held prior to the imposition of any suspensions, reduction in pay or rank, and/or removal. At least seven (7) calendar days, prior to any Departmental Hearing before the Safety Director Mayor or his designee the Director’s designee, the affected member shall will receive from the Chief of Police or designee a written statement of all charges and specifications. The member shall also receive notification from specifications as well as notice of time and date of the Safety Director as to the hearing date and time. The member shall also receive notification as to the evidence which supports the disciplinary charges and specificationsDepartmental Hearing. At a Departmental Hearing, the charged member shall be allowed to be represented by a Lodge representative attorney or Lodge Attorney, shall representative. The place for the hearings will be allowed to call witnesses material to determined by the Mayor or his or her defense, and shall be given an opportunity to cross-examine any adverse witnessesdesignee. Hearings shall be held in recorded at the Police Department unless an alternative site is mutually agreed upon by the parties. All hearings shall be recorded by the City, and in the event that the Director's decision is appealed to a Step Four grievance under Section 5.4, the member shall receive a copy of any transcript made direction of the hearing Mayor or his designee or at no charge. The hearing may be recorded by the Lodge request of either the Division of Police or the City or bothmember. A member Member who is charged, or his or her Lodge representative attorney or Lodge Attorneyrepresentative, may make a written request for one continuance of the hearingDepartmental Hearing. Such request will be granted where practicable at the discretion of the Safety DirectorMayor or his designee. The length of such continuance Departmental Hearing shall be mutually agreed uponclosed to the public, press, and others not directly involved in such hearing. The City shall will make a good faith effort to notify the affected member and of the Lodge President of any decisions decision reached as a result of a the Departmental Hearing. A good faith effort will be made to provide such notification Hearing prior to any public statement. Where A Member who is charged, or his or her OPBA attorney or OPBA representative, may make a written request, directly to the Safety Director imposes discipline upon Chief, to review his or her personnel file. Such request will be granted within a member, after a Departmental hearing is held or waived reasonable time by the member, the Director's decision may be submitted to Step Four (Mayor) of the grievance procedure under Section 5.4. In such a case, a grievance need not be submitted at any prior step Chief in the grievance procedure for case of a pending Departmental Hearing. The member and/or his or her OPBA Attorney or OPBA representative shall have the matter opportunity to proceed confront and cross-examine his or her accusers and offer testimony and call witnesses and present evidence on his or her behalf. Any member who is on duty and called as a witness shall be released with pay in order to arbitrationattend the hearing. The calling of witnesses shall not unduly interfere with Departmental operations.
Appears in 1 contract
Samples: Collective Bargaining Agreement