DISCIPLINARY ACTIONS, DEMOTIONS & APPEALS Sample Clauses

DISCIPLINARY ACTIONS, DEMOTIONS & APPEALS. Section 1. Suspensions of Three (3) Days or Less a) Appealable and Non-Appealable Suspensions It is understood that officers will make some errors during their career involving rule violations, including those who are good, professional police officers. The parties agree that short disciplinary suspensions are for the purpose of reinforcing the need for compliance with departmental standards and not necessarily as punishment. The parties agree that when an Officer is suspended for 1, 2, or 3 days the Officer may choose one of two methods of dealing with the suspensions as listed below. (1) Suspensions that may not be appealed. The Officer may choose to use vacation or holiday time to serve the suspension with no loss of paid salary and no break in service for purposes of seniority, retirement, promotion, or any other purpose. The Officer must agree that there is no right to appeal if this method of suspension is chosen. (2) Suspensions that may be appealed. The Officer may appeal the suspension to arbitration or the Civil Service Commission. If the Officer chooses to appeal the suspension, the arbitrator or Civil Service Commission’s authority is limited to ruling on whether or not the charges against the Officer are true or not true. If the arbitrator or Civil Service Commission finds the charges to be true, there is no authority to mitigate the punishment. If the arbitrator or Civil Service Commission finds the charges to be not true, the Officer shall be fully reinstated with no loss of pay or benefit. b) Arbitration Costs on Appealable Suspensions In the event that an Officer appeals a 1, 2 or 3 day suspension to arbitration, it is agreed that the party that loses the arbitration shall be responsible for all costs of the arbitrator, including travel and lodging if necessary. To facilitate such payment on the part of the Officer he shall submit, at the time of appeal, a signed payroll deduction agreement that if the arbitrator rules in favor of the CITY he authorizes up to one hundred dollars ($100.00) per month to be deducted from his regular pay until such time as what would usually be the CITY’s portion of the arbitrator’s costs have been satisfied.
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DISCIPLINARY ACTIONS, DEMOTIONS & APPEALS. 9 Section 1. Suspensions of Three (3) Days or Less 11 a) Appealable and Non-Appealable Suspensions 12 13 It is understood that most Officers will make some errors during their career involving 14 rule violations, including those who are good, professional Police Officers. The parties agree 15 that short disciplinary suspensions are for the purpose of reinforcing the need for compliance 16 with Departmental standards and not necessarily as punishment. 17 18 The parties agree that when an Officer is suspended for 1, 2, or 3 days, the Officer may 19 choose one of two methods of dealing with the suspensions as listed below: 20 21 (1) 22 23 24 25 26 27 (2) 28 29 30 31 32 33 34 35 36 b) Hearing Costs on Appealable Suspensions 37 38 In the event that an Officer appeals a 1, 2 or 3 day suspension to a Hearing Examiner, it is 39 agreed that the party that loses the hearing shall be responsible for all costs of the Hearing 40 Examiner, including travel and lodging if necessary. 41 42 To facilitate such payment on the part of the Officer, he/she shall submit, at the time of 43 appeal, a signed payroll deduction agreement that if the Hearing Examiner rules in favor of the 44 CITY he/she authorizes up to one hundred dollars ($100.00) per month to be deducted from 45 his/her regular pay until such time as what would usually be the CITY’s portion of the Hearing 46 Examiner’s costs have been satisfied. 2 c) Reductions of Suspensions of Three (3) Days or Less to a Written Reprimand 3 4 The parties agree that temporary suspensions of 1, 2, or 3 days that were imposed on or 5 after March 25, 2001, will be automatically reduced to a written reprimand under the following 6 conditions: 7 8 (1) 10 11 12 13 14 15 16 (2) 17 18 19 20 21 22 23 24 25 26 27 (3) 28 29 30 (4) 31 32 33 34 (5) 35 36 37 38 39 (6) 40 41 42 43 44 45 Suspensions of 1, 2, or 3 days, which are/were not appealed, shall be reduced to a written reprimand two (2) years after the date the suspension was served on the Officer if: i. The Officer does/did not have a sustained complaint for substantially similar conduct within two (2) years from the date the suspension was served on the Officer. Suspensions of 1, 2, or 3 days, which are/were not appealed, shall be reduced to a written reprimand three (3) years after the date the suspension was served on the Officer if: i. The Officer has been previously disciplined for substantially similar conduct, and; ii. The Officer does/did not have a sustained complaint for substa...
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Related to DISCIPLINARY ACTIONS, DEMOTIONS & APPEALS

  • Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.

  • Disciplinary Actions Disciplinary Actions and Appeals shall be governed by SP&P, TSHRS regulations and TSHRS Disciplinary Action Policy 7G.l.

  • Disciplinary Action (A) An employee who has attained permanent status in his current position may be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access to the grievance procedure in Article 6 when disciplined. (C) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

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