Determination of Appeal. The determination appealed from may be affirmed, reversed, or modified and the Chief Administrative Judge may, in his/her discretion, direct the reinstatement of the appellant or permit the transfer or reassignment of such appellant to a vacancy in a similar position in another court or court agency or direct that his/her name be placed upon a preferred list pursuant to this section. In the event that a transfer or reassignment is not effected, he/she is empowered to direct the reinstatement of such employee. An officer or employee reinstated pursuant to this subdivision shall receive the salary or compensation he/she would have been entitled by law to have received in his/her position for the period of removal, including any prior period of suspension without pay, less the amount of compensation which he/she may have earned in any other employment or occupation and any unemployment insurance benefits he/she may have received during such period. The decision of the Chief Administrative Judge shall be final and conclusive, and not subject to further review in any court.
Determination of Appeal. If the claimant’s appeal is subsequently denied by the Plan Administrator, in whole or in part, then the claimant shall be furnished with a denial notice that shall contain the following:
(1) the specific reason(s) for the denial; (2) reference to the specific Plan provision(s) on which the denial is based; and (3) an explanation of the Plan’s review procedures and the time limits applicable to such procedures including a statement of the claimant’s right to bring a civil action under ERISA Section 502(a) following the denial on review.
Determination of Appeal. Upon the conclusion of its consideration of an appeal, each member of the committee shall vote to either uphold the APPR or modify the APPR. If the committee unanimously agrees on one of these choices, the committee shall give written notice of its decision to the appealing teacher, the president of the NTA and the Superintendent of schools, and the decision of the committee shall be final. In the event the committee is not unanimous in its decision on an appeal, the committee shall write a brief statement setting forth and explaining his or her recommendation for disposition of the appeal. The committee members' written statements, together with the full record of the appeal, shall then be forwarded to the Superintendent of Schools-who in consultation with the NTA president, shall issue a final decision on appeal within 10 days.
Determination of Appeal. If an appeal is taken, upon conclusion of the hearing, the Personnel Committee shall review the matter, including any evidence presented, and shall make a final and binding determination as to whether to confirm the determination of the General Manager. The Personnel Committee shall have the power to accept or reduce the discipline imposed by the General Manager. If the Personnel Committee is unable to make a decision, the matter shall be deferred to the Board of Directors for a final and binding determination. The Board of Directors may in its sole discretion decide the matter on the basis of the record made at the hearing or may conduct a new hearing. The Board of Directors may accept or reduce the discipline imposed on the employee by the General Manager.
Determination of Appeal. A written decision on the merits of the appeal shall be rendered no later than thirty (30) calendar days from the date upon which the teacher filed his/her appeal. The appeal shall be based on a written record, comprised of the teacher’s appeal papers and any documentary evidence accompanying the appeal. Such decision shall be final. Upon the conclusion of its considerations of an appeal, each member of the committee shall vote by confidential ballot to uphold the APPR, modify the APPR, or vacate the APPR. If the majority of the committee agrees on one of these choices, the committee shall give written notice of its decision to the appealing teacher, the president of the MTA, and the superintendent of schools. In the event the committee is unable to reach a majority agreement in its decision on an appeal, each member of the committee shall write a brief statement setting forth and explaining his/her recommendation for the disposition of the appeal. The committee members’ written statements, together with the full record of the appeal, shall then be forwarded to the superintendent of schools or his/her designee and the MTA president or his/her designee, who jointly shall have final authority to resolve the appeal. The recommendations of the appeals committee shall be available only to the superintendent of schools and the MTA president. They shall be held confidential and shall not be made public. A written decision shall be rendered within 10 school days of the receipt of the appeal and given to the appealing teacher. The decision shall set forth the reasons and factual basis for each determination on each of the specific issues raised in the teacher’s appeal. If the appeal is sustained, the reviewer may set aside a rating, modify a rating, or order a new evaluation if procedures have been violated. A copy of the decision will be provided to the teacher and the evaluator. The teacher may rebut the appeal in writing but may not appeal the substance of the decision. However, failure of the District or Association to abide by the above agreed upon process is subject to the grievance procedure.
Determination of Appeal. The decision of the Committee regarding the appeal shall be promptly given to the claimant in writing and shall normally be given no later than 60 days following the receipt of the request for review. However, if special circumstances (for example, if the Committee decides to hold a hearing on the appeal) require a further extension of time for processing, the decision shall be rendered as soon as possible, but no later than 120 days after receipt of the request for review. However, if the Committee holds regularly scheduled meetings at least quarterly, a decision on review shall be made by no later than the date of the meeting which immediately follows the receipt of a request for review, unless the request is filed within 30 days preceding the date of such
Determination of Appeal. The decision of the Compensation Committee regarding the appeal shall be promptly given to the claimant in writing and shall normally be given no later than 60 days following the receipt of the request for review. However, if special circumstances (for example, if the Compensation Committee decides to hold a hearing on the appeal) require a further extension of time for processing, the decision shall be rendered as soon as possible, but no later than 120 days after receipt of the request for review. However, if the Compensation Committee holds regularly scheduled meetings at least quarterly, a decision on review shall be made by no later than the date of the meeting which immediately follows the receipt of a request for review, unless the request is filed within 30 days preceding the date of such meeting. In such case, a decision may be made by no later than the date of the second meeting following the receipt of the request for review. If special circumstances (for example, if the Compensation Committee decides to hold a hearing on the appeal) require a further extension of time for processing, the decision shall be rendered as soon as possible, but no later than the third meeting following the receipt of the request for review. If special circumstances require that the decision will be made beyond the initial time for furnishing the decision, written notice of the extension shall be furnished to the claimant (or his authorized representative) prior to the commencement of the extension. The decision on review shall be in writing and shall be furnished to the claimant or to his authorized representative within the appropriate time for the decision. If a decision on review is not furnished within the appropriate time, the claim shall be deemed to have been denied on appeal.
Determination of Appeal. Upon the conclusion of its consideration of an appeal, each member of the committee shall vote to either to uphold the APPR or modify the APPR. If the committee unanimously agrees on one of these choices, the committee shall give written notice of its decision to the appealing teacher, the president of the SFT and the superintendent of schools, and the decision of the committee shall be final. In the event the committee is not unanimous in its decision on an appeal, each member of the committee shall write a brief statement setting forth and explaining his or her recommendation for disposition of the appeal. The committee members’ written statements, together with the full record of the appeal, shall then be forwarded to two educators, each of whom shall be jointly selected and jointly appointed by the superintendent of schools and the president of the SFT. The decision of these two educators shall be in writing and will have as attachments all the committee members’ written statements attached thereto. This decision shall be final and there shall be no further appeal available.
