Common use of Disciplinary Actions Clause in Contracts

Disciplinary Actions. The Court agrees to act in good faith in imposing disciplinary action upon any regular employee and such disciplinary action shall be made only for just cause. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee.

Disciplinary Actions. A. The Court agrees County reserves the right to act investigate allegations of employee misconduct and/or poor performance. B. An employee may be placed on administrative leave with pay, if appropriate, during an investigation of an employee. C. During an investigation, no documentation related to the matter under investigation will be placed in good faith the employee’s official personnel file until the investigation is completed. D. An employee shall be permitted at any phase of an investigation which may reasonably lead to a suspension without pay, demotion, or termination, including interviews by a management representative, to have a representative of his/her choosing present for the purpose of advising the employee. E. Prior to the imposition of discipline other than verbal or written reprimand or warning, the employee will be advised in imposing writing and/or a meeting with a management representative of the charges against him/her and given an opportunity to respond. The employee’s response may be verbal or in writing. The employee may be accompanied by a representative who may present the employee’s side of the issue or assist the employee in doing so. F. Employees will cooperate in all investigations conducted by or on behalf of the County, including polygraph exams. Failure to cooperate may be the basis for disciplinary action upon action, up to and including termination. Nothing herein shall preclude an employee from exercising any regular constitutional or statutory right to which he/she may be entitled. G. A Deputy shall not be required to submit to a polygraph examination as part of an internal investigation regarding the officer’s conduct unless the complainant is first examined by a licensed polygraph examiner and passes the polygraph examination. If a deputy is subjected to a polygraph examination, the licensed examiner who administers the examination shall not know the results of the complainant’s polygraph examination or the name of the licensed examiner who conducted such examination. H. Any imposition of discipline against any employee and such disciplinary action shall be made in writing including a summary of the circumstances giving rise to the charges; and the specific rules, regulations, policies, and/or procedures that have allegedly been violated. I. Disciplinary demotions will result in the employee’s pay being returned to the job class pay rate along with their seniority from which the employee was last promoted. J. Except as otherwise provided by an arbitrator or a court of law, disciplinary actions shall be placed in the employee’s official personnel file and shall not be purged. K. Disciplinary actions involving oral reprimands (i.e.; verbal counseling session), may not be appealed. The Employee may attach a rebuttal to any written disciplinary documentation in the employee’s personnel file. L. Disciplinary actions involving written reprimands may be appealed through the grievance procedure contained in this Agreement, but only through the County Manager or designee. M. All other disciplinary actions may be appealed through the grievance procedure contained in this Agreement, including suspension without pay, demotion, and termination. In any disciplinary actions appealed to arbitration through the grievance procedure contained in this Agreement, the arbitrator shall apply just cause as the standard for discipline and use preponderance of evidence as the standard of proof (i.e.; 51% or higher). N. All disciplinary action to include oral reprimands, written reprimands, demotions, suspensions, or terminations will be for just cause. The intent employee will be provided a copy of progressive discipline is to assist all findings (e.g., sustained, not sustained, etc.) following the employee with performance improvement or to correct misconductconclusion of the investigation. Progressive discipline shall not apply where Discipline will be issued within thirty (30) business days of the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writinginvestigator’s findings. The employee and the Union will be requested notified in writing if issuing discipline within this timeframe cannot be accomplished because of extenuating circumstances beyond the control of the employer. O. An employee facing a suspension without pay may choose to sign have the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with accrued compensatory time followed by accrued vacation time docked for the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity amount of the disciplinary actionsuspension, up to a maximum of ten (10) days. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided This option is available to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize only if the grievance procedure. If, as a result employee does not appeal the suspension. P. Upon the final decision of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonablesheriff, the employee may request a copy of the presence final disposition of the investigation. In instances involving charges of violating the County’s non-discrimination policies, the final decision will be made by the County Manager or County Manager’s designee. Q. The following includes those actions that may be a bargaining unit witnessbasis for disciplinary action. (Xxxxxxxxxx rights)This list is not intended to be all-inclusive, but is illustrative of the types of actions that may lead to disciplinary action. 1. The employee and/or Union representative shall be provided with an update has been abusive in his/her or her language, or has threatened or caused physical harm to others that was not necessary or lawfully done in self- defense, to protect the lives of others, or to prevent the investigation every thirty (30) days. Employees receiving an oral or written warning may request escape of a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement person lawfully in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed actioncustody; 2. The employee shall be has violated a written policy or order of the Sheriff’s Office or county management, or has failed to obey any lawful, reasonable directions given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee’s supervisor or other responsible county official. 3. The employee has been found under the influence of alcohol or drugs while on duty and/or in County facilities. The employee has violated the Substance Abuse Prevention or the Drug Free Work Place policies. 4. The employee has been convicted of a felony or has engaged in any serious activity that violates State or Federal criminal statutes. 5. The employee has provided false or misleading information in any document, report, or statement related to the employee’s employment with the County. This includes but is not limited to the employment application and related materials, or complaints. 6. The employee has caused damage to County property or waste of County supplies, through negligence or misconduct. 7. The employee is unsafe to himself, to other employees or to the public in the performance of his/her duties and responsibilities. 8. The employee has been inexcusably absent, has failed to receive prior approval for any absence, or has abandoned his/her or her position. Abandonment is the unauthorized absence from work for more than 3 calendar days. 9. The employee has taken any action that discriminates on the basis of race, color, sexual orientation, sex, religion, national origin, age, disability, or any other legally protected status. 10. The employee has engaged in improper political activities. 11. The employee has engaged in conduct, either during or outside of regular work hours that brings discredit upon the County. 12. The employee has solicited or received from any person, or participation in, any fee, gift, or other valuable thing in the course of work, when such fee, gift, or other valuable thing is given in the hope or expectation of receiving favor or better treatment than that accorded other persons; 13. The employee uses or has attempted the use of political influence or bribery to secure an advantage in an examination, promotion, or assignment.

Disciplinary Actions. The Court Employer agrees to act in good faith in imposing disciplinary action upon any regular employee and such disciplinary action shall be made only for just cause. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: ; • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writingwriting and placed in the employee’s personnel file. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding findings of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer Employer, and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee.

Disciplinary Actions. Section 1: The Court agrees to act in good faith in imposing parties agree that the purpose of disciplinary action upon is to correct the offending employee's behavior/performance and maintain discipline and morale among other Department employees. Section 2: The Director or Town Manager may bring any regular violation of this Agreement or Department/Town personnel policy and/or practice to the attention of the employee and such impose disciplinary action action. Such disciplinary actions shall only be made only taken for just cause. Any disciplinary action taken against an employee shall be subject to the grievance procedure. Section 3: Notwithstanding the Director’s ability to provide verbal counseling to any employee at any time and to document such events as may be necessary, disciplinary action may normally be dispensed in the following manner, although it need not be administered in this order: a. Written Reprimand b. Suspension without Pay c. Demotion d. Discharge/Termination Disciplinary action shall be applied in a fair manner and shall be consistent with the infraction for which disciplinary action is being administered, taking into consideration an employee’s past conduct. The intent sequence described above need not be followed if an infraction is sufficiently severe to merit immediate suspension or discharge, as determined by the Director or the Town, subject to the employee’s right to grieve the disciplinary actions pursuant to the provisions of progressive Article 6 of this Agreement. Section 4: Prior to initiating disciplinary action, the following procedures will normally be followed: a. If the Director/Town contemplates the suspension or termination of an employee, he/she may be immediately placed on paid administrative leave pending the investigation and the final determination with respect to the proposed disciplinary action. b. The Director/Town will issue a written notice of the alleged offense and proposed discipline is as soon as possible, normally ten [10] calendar days after becoming aware of the incident. c. A pre-action investigation or inquiry will be made to assist determine the facts. Part of this investigation shall include a discussion with the affected employee and others having information about the incident. d. The employee will be notified in advance of the time of the discussion, and if the employee with performance improvement is advised that disciplinary action is being contemplated, the employee is entitled to have a Union representative present. Once a representative is requested the employee will be allowed a reasonable amount of time, normally not more than three [3] calendar days, to obtain union representation. During this delay no further questioning of the employee will take place. e. The employee or his designated representative will be permitted to correct misconductoffer their written and/or oral statement to the deciding official during the pre-action investigation. Progressive discipline The written statement may be submitted at the meeting or no later than five [5] calendar days from the date of the above referenced meeting. f. The Director/Town will make reasonable efforts to undertake disciplinary actions in a prompt and timely manner, normally within ten [10] calendar days after conclusion of the pre-action investigation. 1) If an employee is subsequently suspended, he/she shall be notified in writing of the effective date[s], reason and duration. Said notice shall be presented upon his/her return to work, or within seventy-two [72] hours of the suspension taking place, whichever comes first. Said notice shall also contain a statement informing the employee of his/her rights of appeal under the grievance proceedings as set forth herein. A suspension shall be unpaid [suspended employees shall not apply where be eligible for leave pay] and normally shall not exceed two [2] weeks. During the offense requires more serious discipline in period of suspension, employees shall remain obligated to pay the first instanceemployee’s share of insurance premiums as set forth herein. 2) If the employee is subsequently discharged, he/she shall be informed of the reason[s] for discharge and of the effective date within seventy-two [72] hours of the discharge taking place. Both Said notice shall also contain a statement informing the sequencing and employee of his/her rights of appeal under the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may includegrievance proceedings as set forth herein. Section 5: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall become a part of the employee’s official personnel file and shall be clearly identified as handled pursuant to Article 8 of this Agreement. If no disciplinary action is sustained against the employee, all references to such action will remain in writing. The employee the employee’s official personnel file but will not be requested to sign the considered in any future disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee.

Disciplinary Actions. The Court agrees SECTION 1. For the purpose of this article, disciplinary actions may be formal or informal. Formal disciplinary actions are defined as written reprimands, suspensions, or removal. Informal disciplinary actions include oral admonitions and letters of caution and requirement to act correct specific employee deficiencies which do not warrant formal disciplinary action. Summaries of oral admonishment and copies of letters of requirement and/or caution that are disciplinary in good faith nature shall not be placed in imposing an employee’s official personnel folder. Incidents for which an employee is orally admonished will not be counted as prior offenses or infractions when determining a penalty under the guideline schedule of disciplinary offenses and penalties. SECTION 2. Both parties agree that primary emphasis will be placed on preventing situations requiring disciplinary actions, through effective employee-management relations. SECTION 3. Both parties agree that disciplinary actions may be taken for just and sufficient cause. Disciplinary actions will be initiated only after a preliminary investigation or inquiry indicates that such action is appropriate for correcting the employee and in maintaining discipline and morale. In the event of a written proposed disciplinary action, the employee will be advised of his right to representation. Employees against whom formal disciplinary action upon any regular employee and such disciplinary action is taken shall be made only for just cause. The intent informed of progressive discipline is their right to assist grieve through the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • terminationnegotiated grievance procedure. SECTION 4. All disciplinary actions will be processed in accordance with applicable regulations and employees shall be clearly identified afforded all rights and privileges provided therein. When the Employer becomes aware of a situation involving misconduct or delinquency of an employee, the Employer will initiate disciplinary action within a reasonable time frame. SECTION 5. It is agreed that all disciplinary actions are grievable under the negotiated grievance procedure except as such otherwise provided for in writingthis agreement. SECTION 6. The Employer agrees to provide two copies of the written disciplinary action(s) to the affected employee who may provide a copy to the Union should he so elect. The employee will be requested to sign informed within the disciplinary action. The employee’s signature thereon shall decision letter that the extra copy is for the Union representative and that the Union has not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity been provided a copy of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employeedecision.

Disciplinary Actions. Section 1. This Article covers actions involving, written reprimands, suspensions, removals, Section 2. An employee will not be discharged, suspended, or otherwise disciplined, nor entries made against the employee’s service record without just cause, except as provided for by Article 12, Section 2 of this Agreement. Disciplinary actions must be determined on the merits of each individual case. Progressive discipline will be followed except in cases of “serious misconduct” such as theft, fraud, violence, gross insubordination, threatening conduct, abandonment of position, or violation of the substance abuse and testing program or where emergency or other exigent circumstances exist. Progressive discipline generally means documented verbal warning, written reprimand, suspension, dismissal. (a) The Court agrees to act in Employer shall make a good faith in imposing disciplinary action upon any regular employee effort to promptly investigate and such disciplinary action issue discipline within a reasonable time period after it becomes aware of the underlying issue/incident/event. Reasonable time period shall be made only for just causebased on the relevant facts and circumstances including, without limitation, staffing levels and safety concerns. The intent Employer shall provide the Employee with an opportunity to explain his/her action/inaction relating to the issue/incident/event under investigation prior to issuing discipline. The Employee’s representative may participate in the employee’s explanation. (b) No employee shall be disciplined to the extent of progressive discipline is loss of pay or discharged without being advised in writing of the precise alleged reason or reasons leading to assist such action. This notice shall be presented directly to the employee with performance improvement or a copy provided to correct the Union. (c) For issues not involving “serious misconduct. Progressive discipline ” as defined in Section 2 above, the Employer shall not apply where provide the offense requires more serious discipline employee with an opportunity to reply to the notice (orally and/or in the first instance. Both the sequencing writing) within a reasonable time and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions Employer shall be clearly identified as consider such in writing. The employee will be requested reply prior to sign issuing the final disciplinary action. The Employee’s representative may participate in the employee’s signature thereon shall not reply. (d) A Union representative must be construed as admission of guilt present (if requested by the Employee) at the time written notice or concurrence with the discipline, but rather shall be requested as an indication that they have seen final disciplinary action is issued. Section 4. An employee against whom action is taken under this Article and comprehend the gravity of the disciplinary action. Employees their Union representative shall have the right to review all of the information relied upon by the Employer to support the action and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be given a copy upon request. Section 5. Letters of confirmation of discussion/informal counseling shall not be considered disciplinary in nature, but may be used to document future disciplinary actions, provided the employee has been given a copy upon completion. The letters of confirmation of Section 6. Records of disciplinary action, including items described in Section 5 above, more than two (2) years old shall be considered inactive and shall not provide the basis for subsequent progressive discipline. Nothing contained in this Section shall preclude the use or production of any inactive discipline, in any administrative or judicial proceeding or in any arbitration to demonstrate notice or consistent treatment of employees. Section 7. Any notifications made to an employee under this Article shall be accomplished in the following manner: (a) Personally delivered to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize by the grievance procedure. If, as a result of Air Traffic Manager or (b) If the grievance procedure utilization, just cause employee is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonableavailable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative Employer shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing deliver notification to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed actionUnion by certified mail or electronic mail, return receipt requested. Section 8. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee Bargaining unit employees will be informed subject to substance testing in accordance with Department of such Transportation (DOT) and receive a letter of closure within thirty Federal Aviation Administration (30FAA) days. The Employer shall endeavor to correct employee errors or misjudgments regulations as specified in private, with appropriate Union representation if requested by the employeeFAA contract.

Disciplinary Actions. Section I The Court agrees purpose of this Article is to act in good faith in imposing establish a procedure for the fair, expeditious and orderly adjustment of disciplinary actions taken by the Sheriff. For purposes of this Article, all disciplinary actions taken by the Sheriff are final except insofar as exempted hereinafter. For purposes of appeal of a disciplinary action, only the affected member of the bargaining unit may appeal a disciplinary action upon any regular employee and such taken by the Sheriff. For purposes of this Article, only disciplinary action resulting in termination of a member of the bargaining unit may be appealed to the Citizens Advisory Panel set forth in Section 5. Other disciplinary actions imposed by the Sheriff (suspensions, demotions, written reprimands) are subject to Sections 2, 3 and 4 herein; and any disciplinary actions imposed by the Sheriff are final and non-appeal able. Section II Upon notification of a complaint filed by any person, such complaint shall be made only referred to the Internal Affairs Unit (hereinafter referred to as "I.A.U.") for just causeinvestigation. The intent of progressive discipline is I.A.U. shall thoroughly investigate all complaints submitted to assist the employee with performance improvement or to correct misconduct. Progressive discipline it and shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing do so within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time consistent with the nature of the complaint being investigated. However, disciplinary action shall be taken on or before 180 calendar days from occurrence for misconduct, involving non- criminal related acts. Disciplinary action shall be taken on or before 180 calendar days from discovery for misconduct involving criminal related acts. Nothing herein requires that an officer be charged with a criminal offense for the misconduct to be involving criminal related acts. Investigations shall be conducted pursuant to the procedure set forth in order Attachment 4 and incorporated by reference herein. Section III Upon the completion of the hearing before the D.R.B., such Board shall by majority vote render its recommendation as to allow a Union representative an opportunity the merit of the accusation, which it believes should be imposed. The Board may find the case is Sustained (the complaint was supported), Not sustained (insufficient evidence to attendeither prove or disprove the complaint), Unfounded (the complaint was false or didn’t occur) or Exonerated (the act occurred but was legal, justified and proper under the circumstances). If the Board finds that a Union representative case is not available or delay is not reasonablesustained, it shall then recommend the employee may request discipline, which it believes, should be imposed, including termination. Upon completion of its investigation, I.A.U may, without recommendation, forward the presence of a bargaining unit witness. results thereof to the Disciplinary Review Board (Xxxxxxxxxx rightshereinafter referred to as the "D.R.B."). The employee and/or Union representative shall be provided with an update Law Enforcement D.R.B will hear disciplinary cases of Law Enforcement Division bargaining unit members. The Corrections D.R.B will hear disciplinary cases of the investigation every thirty (30) daysCorrections Division bargaining unit members. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee.Each

Disciplinary Actions. The Court agrees to act in good faith in imposing Disciplinary actions are defined as written reprimands/warnings, suspensions and terminations. A disciplinary action upon may be appealed and the appeal process shall differ depending on whether the action is taken for academic or non-academic reasons. A House Staff Officer shall be notified in writing of any regular employee disciplinary action and such disciplinary action notice shall be made only describe the discipline being imposed and a description of the reasons for just cause. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission A copy of guilt or concurrence with the discipline, but rather notice shall be requested sent by email to CIR within 72 hours after it is presented to the House Staff Officer. 1. Disciplinary Actions for Academic Reasons A disciplinary action taken for academic reasons is one that is based upon a House Staff Officer's alleged deficient fund of medical knowledge as well as the development of the clinical skills necessary to function as a physician in the House Staff Officer's medical specialty. Disciplinary actions taken for any other reason shall be a non- academic disciplinary action. Disciplinary actions taken for academic reasons may be appealed by a House Staff Officer by requesting in writing a hearing before an indication that they have seen internal hearing committee. The request must be sent to the Director of Graduate Medical Education within 21 calendar days of receipt of the written charges and comprehend proposed disciplinary action. a. Within 14 calendar days of receipt of the gravity House Staff Officer’s request for a hearing, the Director of GME shall appoint an ad hoc hearing committee. The hearing committee shall be comprised of four members. The ad-hoc hearing committee shall include two Hospital appointees, chosen by the Hospital; and two House Staff Officers chosen by CIR. No committee member shall be from the same department as the House Staff Officer who is the subject of the disciplinary action. Employees A hearing shall be held within 21 working days of the appointment of a hearing committee, unless the parties agree to a later date in writing. b. If a hearing is requested, the committee shall hear and evaluate all data related to the disciplinary action and shall give the House Staff Officer a full and unimpaired right to present evidence. The House Staff Officer may have a CIR representative to represent them at the hearing. After presentation of the evidence, the committee shall meet in closed session to consider the evidence and the proposed disciplinary action for academic reasons. The committee shall have the right authority to review accept, reject, or modify the proposed adverse action, and comment on disciplinary actions such decision shall be by majority vote. Should the committee’s vote end in their personnel filea tie, then the Hospital DIO shall make the final decision. A copy of all disciplinary notices written decision shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing issued within three (3) 10 working days after the conclusion of the hearing. Except for matters that may reasonably be expected to require reporting to, trigger the review of, or incur the implementation of corrective action in response to, any notice of terminationhospital or professional oversight agency, organization or accreditation body (a “Regulatory Event”), the committee’s decision shall be final and not subject to arbitration. The failure to provide such notice shall not affect such termination but will extend In the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence case of a Union representative at such an interview. Upon request they Regulatory Event, the committee’s decision shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing forwarded to the employee identifying the performance violations or misconduct alleged, a finding of fact Hospital’s CEO for final and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employeebinding determination.

Disciplinary Actions. The Court agrees to act Section 1. This Article covers actions involving written admonishments, written reprimands, suspensions, removals, and/or reductions in good faith in imposing pay. Section 2. An employee will not be discharged, suspended, or otherwise disciplined, nor entries made against the employee’s service record without just cause. Disciplinary actions must be determined on the merits of each individual case. Normally disciplinary action upon any regular employee taken by the Employer shall be progressive, corrective, and such remedial in nature so as to address specific conduct. Examples of exceptions to progressive disciplinary action shall may be made only for where an employee threatens a co-worker with bodily harm, stealing, falsifying documents, or the employee is a threat to the air traffic system. The prior sentence in no way diminishes the right of the Union to grieve any discipline issued under just cause. The intent of progressive discipline is Employer shall consider whether the problem can be resolved through such corrective action as closer supervision, admonition, or oral reprimand, prior to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All initiating formal disciplinary actions shall be clearly identified as such in writingaction. Section 3. The employee will be requested to sign the disciplinary action. The employee’s signature thereon Employer shall not be construed as admission responsible and shall have no liability for discharge of guilt or concurrence with any bargaining unit employee which is directed in writing to the disciplineEmployer by the FAA, but rather for cause. Section 4. No employee shall be requested as an indication that they have seen and comprehend disciplined to the gravity extent of loss of pay or discharged without being advised in writing of the disciplinary precise charge, or charges, preferred against the employee leading to such action. Employees This notice shall be presented directly to the employee within ten (10) days from the time the Employer may have reasonably expected to have learned of the event upon which such charge, or charges, is based. Section 5. An employee against whom action is taken under this Article and their Union representative shall have the right to review all of the information relied upon by the Employer to support the action and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be given a copy upon request. Section 6. Letters of confirmation of discussion shall not be considered disciplinary in nature, but may be used to document future disciplinary actions, provided to the employee before such material is placed in their personnel filehas been given a copy upon completion. Employees receiving The letters of confirmation of discussion shall be completed as soon as practicable after the event. Section 7. Records of disciplinary action shall be entitled to utilize expunged from the grievance procedure. If, as a result employee’s service record not later than two years from the date of the grievance procedure utilizationaction, just cause is but not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working later than 30 days after any notice the two year anniversary of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Section 8. Employees Any notifications made to an employee under this Article shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing be personally delivered to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond delivered to the charges in writing or in a meeting with Union representative by the Facility Manager. If the employee is not available, the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists deliver notification to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in privateby certified mail, with appropriate Union representation if requested by the employeereturn receipt requested.

Disciplinary Actions. A. The Court agrees County reserves the right to act investigate allegations of employee misconduct and/or poor performance. B. An employee may be placed on administrative leave with pay, if appropriate, during an investigation of an employee. C. During an investigation, no documentation related to the matter under investigation will be placed in good faith in imposing disciplinary action upon any regular the employee’s official personnel file until the investigation is completed. D. An employee and such disciplinary action shall be made only for just cause. The intent permitted at any phase of progressive discipline is an investigation which may reasonably lead to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • , demotion; , or • termination, including interviews by a management representative, to have a representative of his/her choosing present for the purpose of advising the employee. E. Prior to the imposition of discipline other than verbal or written reprimand or warning, the employee will be advised in writing and/or a meeting with a management representative of the charges against him/her and given an opportunity to respond. All disciplinary actions shall The employee’s response may be clearly identified as such verbal or in writing. The employee may be accompanied by a representative who may present the employee’s side of the issue or assist the employee in doing so. F. Employees will cooperate in all investigations conducted by or on behalf of the County, including polygraph exams. Failure to cooperate may be requested to sign the basis for disciplinary action, up to and including termination. The employee’s signature thereon Nothing herein shall preclude an employee from exercising any constitutional or statutory right to which he/she may be entitled. G. A Deputy shall not be construed required to submit to a polygraph examination as admission part of guilt an internal investigation regarding the officer’s conduct unless the complainant is first examined by a licensed polygraph examiner and passes the polygraph examination. If a deputy is subjected to a polygraph examination, the licensed examiner who administers the examination shall not know the results of the complainant’s polygraph examination or concurrence the name of the licensed examiner who conducted such examination. H. Any imposition of discipline against any employee shall be made in writing including a summary of the circumstances giving rise to the charges; and the specific rules, regulations, policies, and/or procedures that have allegedly been violated. I. Disciplinary demotions will result in the employee’s pay being returned to the job class pay rate along with their seniority from which the disciplineemployee was last promoted. J. Except as otherwise provided by an arbitrator or a court of law, disciplinary actions shall be placed in the employee’s official personnel file and shall not be purged. K. Disciplinary actions involving oral reprimands (i.e.; verbal counseling session), may not be appealed. The Employee may attach a rebuttal to any written disciplinary documentation in the employee’s personnel file. L. Disciplinary actions involving written reprimands may be appealed through the grievance procedure contained in this Agreement, but rather only through the County Manager or designee. M. All other disciplinary actions may be appealed through the grievance procedure contained in this Agreement, including suspension without pay, demotion, and termination. In any disciplinary actions appealed to arbitration through the grievance procedure contained in this Agreement, the arbitrator shall apply just cause as the standard for discipline and use preponderance of evidence as the standard of proof (i.e.; 51% or higher). N. All disciplinary action to include oral reprimands, written reprimands, demotions, suspensions, or terminations will be requested as an indication that they have seen and comprehend for just cause. Investigations will begin within ten (10) business days of a complaint or when the gravity employer became aware of the disciplinary actionoccurrence and normally will be completed within thirty (30) business days, which are days the County administrative offices are open for business. Employees shall have the right to review and comment on disciplinary actions The employee will be notified in their personnel filewriting if an investigation will extend beyond thirty (30) business days. A The employee will be provided a copy of all disciplinary notices shall be provided findings (e.g. sustained, not sustained, etc.) following the conclusion of the investigation. O. An employee facing a suspension without pay may choose to have the employee’s accrued compensatory time followed by accrued vacation time docked for the amount of the suspension, up to a maximum of ten (10) days. This option is available to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize only if the grievance procedure. If, as a result employee does not appeal the suspension. P. Upon the final decision of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonablesheriff, the employee may request a copy of the presence final disposition of the investigation. In instances involving charges of violating the County’s non-discrimination policies, the final decision will be made by the County Manager or County Manager’s designee. Q. The following includes those actions that may be a bargaining unit witnessbasis for disciplinary action. (Xxxxxxxxxx rights)This list is not intended to be all-inclusive, but is illustrative of the types of actions that may lead to disciplinary action. 1. The employee and/or Union representative shall be provided with an update has been abusive in his/her or her language, or has threatened or caused physical harm to others that was not necessary or lawfully done in self- defense, to protect the lives of others, or to prevent the investigation every thirty (30) days. Employees receiving an oral or written warning may request escape of a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement person lawfully in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed actioncustody; 2. The employee shall be has violated a written policy or order of the Sheriff’s Office or county management, or has failed to obey any lawful, reasonable directions given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee’s supervisor or other responsible county official. 3. The employee has been found under the influence of alcohol or drugs while on duty and/or in County facilities. The employee has violated the Substance Abuse Prevention or the Drug Free Work Place policies. 4. The employee has been convicted of a felony or has engaged in any serious activity that violates State or Federal criminal statutes. 5. The employee has provided false or misleading information in any document, report, or statement related to the employee’s employment with the County. This includes but is not limited to the employment application and related materials, or complaints. 6. The employee has caused damage to County property or waste of County supplies, through negligence or misconduct. 7. The employee is unsafe to himself, to other employees or to the public in the performance of his/her duties and responsibilities. 8. The employee has been inexcusably absent, has failed to receive prior approval for any absence, or has abandoned his/her or her position. Abandonment is the unauthorized absence from work for more than 3 calendar days. 9. The employee has taken any action that discriminates on the basis of race, color, sexual orientation, sex, religion, national origin, age, disability, or any other legally protected status. 10. The employee has engaged in improper political activities. 11. The employee has engaged in conduct, either during or outside of regular work hours that brings discredit upon the County. 12. The employee has solicited or received from any person, or participation in, any fee, gift, or other valuable thing in the course of work, when such fee, gift, or other valuable thing is given in the hope or expectation of receiving favor or better treatment than that accorded other persons; 13. The employee uses or has attempted the use of political influence or bribery to secure an advantage in an examination, promotion, or assignment.

Disciplinary Actions. The Court agrees to act in good faith in imposing A. For the purpose of this article, a disciplinary action is defined as a letter of reprimand or a suspension of fourteen (14) days or less. B. Disciplinary actions will be taken only for such cause as will promote the efficiency of the Service. Such actions must be consistent with applicable laws and government-wide regulations. C. If a disciplinary action is rescinded, all documentation relative to the action will be removed from the Electronic Official Personnel Folder (eOPF) with confirmation of said action sent to the employee. A. Progressive discipline, fairness, equity, and the principle of similar penalties for similar offenses guide Agency discipline determinations as warranted by the circumstances of each case. B. Prior to deciding what disciplinary action is a proper response to the incident or act, the Agency will consider the factors outlined in Appendix D: Xxxxxxx x. Veterans Administration (5 MSPB 280 (1981)), if relevant. C. In deciding what action may be appropriate, the Agency will give due consideration to the relevance of any mitigating circumstances and any information provided by the employee in the course of the inquiry leading to the action. Section 12.03 Unless prohibited by law, any and all documents or any other evidence, upon any regular which a disciplinary action is based, will be made available to the affected employee and such her/his designated representative upon request. This provision in no way limits the Union's right to information under 5 U.S.C. § 7114. A. An employee has a right to Union representation at any examination of them by the Agency, in connection with an investigation, if the employee reasonably believes that the examination may result in disciplinary action shall against the employee and the employee requests representation. B. Where the Agency has relied on witnesses to support the reason for a disciplinary action, to the extent any written statements were taken, they will be made only for just cause. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity part of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be file which is provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union and his/her representative. The Employer Agency shall advise any bargaining unit employee serving as a witness that his/her statements may be shared with a third party. A. For Letters of Reprimand the following procedures will delay apply: 1. The Agency will hand-deliver the interview for a reasonable period of time in order letter to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonablethe employee, if practicable, provided the employee is in a duty status. Letters that are not hand-delivered may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights)be sent via trackable means. 2. The employee and/or Union representative shall be provided with an update of letter will include the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the specific reasons for the proposed action, the retention period in the eOPF, if applicable, and the employee's rights and time limits for filing a grievance. 3. Letters of Reprimand will be removed from an employee's eOPF no later than two (2) years from the date of issuance. Letters of Reprimands older than two years will not serve as a basis for future progressive discipline. 4. Letters of Reprimand are grievable as per Article 10. B. The following procedures shall apply for a suspension of fourteen (14) calendar days or less: 1. The employee shall be given an opportunity to respond Agency will hand-deliver the notice to the charges in writing or employee, if practicable, provided the employee is in a meeting with duty status. Letters that are not hand-delivered may be sent via trackable means. 2. In cases where a suspension is proposed for reasons of off-duty misconduct, the Employer Agency's written notification will also contain a statement of the nexus (relationship) between the off-duty misconduct and the efficiency of the Service. An employee’s off-the-job conduct shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support result in disciplinary action per this articleunless a nexus to the job is demonstrated by the Agency. If the Agency elects to change the stated nexus prior to issuing a final decision letter, the employee will be informed of such changes or modifications in writing and receive a be given an opportunity to respond prior to final Agency action. 3. An employee has the right to make an oral and/or written reply within fifteen (15) calendar days of the employee's actual receipt of the letter of closure proposed action. An employee, who chooses to make an oral reply must schedule the meeting within thirty seven (307) dayscalendar days of his/her actual receipt of the letter of proposed action. The Employer shall endeavor Prior to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee.expiration of the fifteen

Disciplinary Actions. SECTION I The Court agrees purpose of this Article is to act in good faith in imposing establish a procedure for the fair, expeditious and orderly adjustment of disciplinary actions taken by the Sheriff. For purposes of this Article, all disciplinary actions taken by the Sheriff are final except insofar as exempted hereinafter. For purposes of appeal of a disciplinary action, only the affected member of the bargaining unit may appeal a disciplinary action upon any regular employee and such taken by the Sheriff. For purposes of this Article, only disciplinary action resulting in termination of a member of the bargaining unit may be appealed to the Citizens Advisory Panel set forth in Section 5. Other disciplinary actions imposed by the Sheriff (suspensions, demotions, written reprimands, oral reprimands) are subject to Sections 2, 3 and 4 herein; and any disciplinary actions imposed by the Sheriff are final and non-appeal able. SECTION II Upon notification of a complaint filed by any person, such complaint shall be made only referred to the Internal Affairs Division (hereinafter referred to as "I.A.D.") for just causeinvestigation. The intent of progressive discipline is I.A.D. shall thoroughly investigate all complaints submitted to assist the employee with performance improvement or to correct misconduct. Progressive discipline it and shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing do so within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time consistent with the nature of the complaint being investigated. However, disciplinary action shall be taken on or before 180 calendar days from occurrence for misconduct, involving non-criminal related acts. Disciplinary action shall be taken on or before 180 calendar days from discovery for misconduct involving criminal related acts. Nothing herein requires that an officer be charged with a criminal offense for the misconduct to be involving criminal related acts. Investigations shall be conducted pursuant to the procedure set forth in order Attachment 4 and incorporated by reference herein. SECTION III Upon the completion of the hearing before the D.R.B., such Board shall by majority vote render its recommendation as to allow a Union representative an opportunity the merit of the accusation, which it believes should be imposed. The Board may find the case is Sustained (the complaint was supported), Not sustained (insufficient evidence to attendeither prove or disprove the complaint), Unfounded (the complaint was false or didn’t occur) or Exonerated (the act occurred but was legal, justified and proper under the circumstances). If the Board finds that a Union representative case is not available or delay is not reasonablesustained, it shall then recommend the employee may request discipline, which it believes, should be imposed, including termination. Upon completion of its investigation, I.A.D. may, without recommendation, forward the presence of a bargaining unit witness. results thereof to the Disciplinary Review Board (Xxxxxxxxxx rightshereinafter referred to as the "D.R.B."). The employee and/or Union representative Law Enforcement D.R.B will hear disciplinary cases of Law Enforcement Division bargaining members. The Corrections D.R.B will hear disciplinary cases of the Corrections Division bargaining members. Each D.R.B shall be provided with an update composed of six (6) persons selected as follows: A. Two members of the investigation every thirty D.R.B. shall be assigned from the bargaining unit and from the Division in which the affected employee is assigned. These two members must have completed probation at least 2 years before appointment and will be selected randomly. B. Two members shall be citizens of Jefferson County, Texas, one of which shall be selected by the Association and the other by the Sheriff. Both citizens shall be vetted and approved by the Association and the Sheriff, however, if one party rejects the other's first selection, the party whose selection was rejected may submit 3 names to the other party, who must agree to one of the three. C. Two members shall be appointed by the Sheriff from the bargaining unit holding the rank of at least Sergeant and no higher than major. Six alternate D.R.B. members shall also be selected in the same manner as above and shall serve in the absence of any serving board member. The Sheriff shall appoint the Chairman of the D.R.B for a term of one (301) daysyear and serve on both the Law Enforcement and Corrections Boards. Employees receiving an oral or written warning The D. R.B. shall serve in cases involving deputies, correctional officers and supervisors. Members chosen to serve on the D.R.B shall serve a term of one (1) year. The chairman shall be appointed at the beginning of each year and serve concurrent term with the other members of each board. A person who has served on the D.R.B may not serve another term for a period of two (2) years. Any person, who has had a disciplinary case that’s proven to be sustained, cannot serve on the D.R.B for a period of twelve (12) months from the date the case was found to have been sustained. Any person, who has had a disciplinary case proven to have merit, cannot serve on the D.R.B. for a period of 12 months from the date the case was found to have merit. Upon referral of a complaint from I.A.D., the D.R.B. shall hear the matter within ten (10) days of receipt of the complaint from I.A.D. At the hearing before the D.R.B., the affected member may consult with a representative (who may not be present at the hearing) and present testimony; the complainants may present testimony; and I.A.D. may present the evidence obtained during its investigation. The hearing shall be tape-recorded and a copy shall be made available upon request a meeting to discuss the affected member. Deliberations of the D.R.B. shall not be recorded. Within seven (7) days of completion of the hearing before the D.R.B., such Board shall by majority vote render its recommendation as to the discipline, which it believes should be imposed. The D.R.B. may find the complaint is without merit; that the complaint has merit and recommend the disciplinary actionaction to be taken; or that the complaint has merit and recommend termination. SECTION IV Upon determination of its recommendation on disciplinary action to be, the D.R.B. shall notify the Sheriff in writing of its decision. Employees Within ten (10) work days of receipt of the written recommendation by the D.R.B., the Sheriff shall also have determine the disciplinary action to be taken against the affected member. The Sheriff may accept or reject either in whole or in part the recommendation of the D.R.B. If the D.R.B. recommends termination, the affected employee shall be placed on suspension with pay and relieved of duty until the Sheriff renders a right decision. SECTION V In the event that the D.R.B. recommends termination of the disciplined officer, or the Sheriff terminates an officer by rejecting a lesser recommendation by the D.R.B. pursuant to Section 4 herein, the matter shall then be referred to a notice Citizens Advisory Panel (hereinafter referred to as "the Panel") unless the affected members signs a waiver. If the Sheriff's decision is to terminate the employee, he/she shall be placed on leave without pay until the Panel convenes and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons renders an opinion for the proposed actionSheriff to consider. The employee will remain on leave without pay until the Sheriff makes a final decision, at which time the employee shall either be terminated or reinstated. The Panel shall be given an opportunity to respond to the charges comprised of three (3) residents of Jefferson County, Texas, unless otherwise agreed; and three alternates who shall also be residents of Jefferson County, Texas, unless otherwise agreed. The Panel members and alternates are named in writing or in Attachment 5, attached hereto and incorporated by reference into this Agreement. The Panel members and alternates shall serve a meeting term that runs concurrent with the Employer effective and shall not be denied Union representation during that meeting, if requestedtermination dates of this Agreement. Within two (Xxxxxxxxxx rights2) When an investigation is concluded and no basis exists to support disciplinary action per this articleweeks of receipt of the recommendation for termination of the D.R.B. or the Sheriff's rejection of a D.R.B. recommendation for less than termination, the employee will be informed of such Panel shall hear the facts and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by circumstances surrounding the employee.matter involving the disciplined

Disciplinary Actions. 2101 The Court agrees Employer recognizes the right of Registered Nurses to act in good faith in imposing grieve disciplinary actions under Article XXIV. 2102 Whenever a Registered Nurse’s performance of duty or personal conduct is unsatisfactory because of inaptitude, inefficiency, neglect, or unwillingness to comply with instructions, established policies, procedures, rules and regulations, appropriate disciplinary action upon any regular employee will be taken in accordance with the provisions of MP-5, Part II, Chapter 8, and DM&S Supplement. The Parties agree that disciplinary action will not be taken in cases of error of professional judgment when negligence is not involved, nor in cases of differences of professional opinion. 2103 The Unit Supervisor is responsible for maintaining discipline among the Registered Nurses supervised and for the initiation of appropriate disciplinary action where the facts warrant such action. 2104 The Employer agrees that necessary disciplinary action shall be made only for just causeinitiated without delay. Registered Nurses shall have the right to have an Association Representative present at any meeting called by the Employer when the Registered Nurse reasonably believes such meetings may result in disciplinary action. 2105 The intent Employer agrees that where a disciplinary action is contemplated, or when a Registered Nurse is presenting a grievance or an appeal to a disciplinary board, the Registered Nurse must be advised of progressive the right to be accompanied, represented and advised by a representative. It is agreed that normal communications not involved with contemplated discipline is a private matter of communication and consultation between a Registered Nurse and a supervisor. 2106 When a disciplinary action is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing be taken and the steps Registered Nurse requests representation, there will be no further communication or action until the representative is present. 2107 If a Registered Nurse elects to be represented by the Association in a disciplinary action, copies of progressive discipline are determined on all correspondence addressed to the Registered Nurse by the Employer will also be forwarded to the appropriate Association Representative. 2108 When a case-by-case Registered Nurse does not elect to have Association Representation, the Association may have an observer present at disciplinary hearings without charge to annual leave, if agreeable to Employer Representatives conducting such hearings. 2109 The Employer agrees to informally discuss with the Registered Nurse and the representative the basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All for any proposed disciplinary actions shall be clearly identified as such in initiated by the Employer, prior to its being reduced to writing. The employee Employer will carefully consider the Registered Nurse’s views and inform the Registered Nurse of the decision before initiating or recommending formal action. Permanent Registered Nurses are covered by the provisions of this Article. Probationary Registered Nurses are covered under the provisions of MP-5, Part II, and DM&S Supplement. 2110 The Employer agrees that letters of admonishment and reprimand shall specifically state that the Registered Nurse has the right to be represented by the Association if they so desire. 2111 Registered Nurses will receive copies of all disciplinary notices placed in their Official Personnel Folders, and shall have the right to rebut in writing any disciplinary notice. Rebuttals to admonishments and reprimands shall be attached to the disciplinary notice and placed in the personnel folder. After two (2) years, admonishments, except for abuse of patients, will be requested to sign withdrawn from the disciplinary actionpersonnel folder and destroyed. The employee’s signature thereon shall not Reprimands, except for abuse of patients, will be construed as admission of guilt or concurrence with withdrawn after three (3) years. Admonishments and reprimands may be withdrawn earlier; admonishments after six (6) months; reprimands after two years; by the disciplineHospital Director, but rather shall be requested as an indication if the action was initially issued at that they have seen level, and comprehend the gravity if subsequent evaluation of the disciplinary individual is such as to warrant early withdrawal. If a request for withdrawal is initiated below the level of the official who issued the action, it must be approved at the level of the official who issued it. Employees An affected Registered Nurse shall have the right to review and comment on disciplinary actions in their the personnel file. A copy of all folder to ensure that outdated disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employeebeen removed.

Disciplinary Actions. The Court agrees Section 1 This Article covers actions involving oral or written warnings, written reprimands, suspensions, demotions, dismissals, or reductions in grade or pay with prejudice. a. Disciplinary action may not be taken against an Employee except for just cause. b. All facts pertaining to act in good faith in imposing disciplinary action upon any regular employee and such a disciplinary action shall be developed as promptly as possible. Actions under this article shall be promptly initiated after all the facts have been made only known to the official responsible for just cause. The intent of progressive discipline taking the actions. Section 2 Disciplinary action shall be governed by applicable statutes. Section 3 An employee against whom action is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees taken under this Article shall have the right to review all of the information relied upon to support the proposed action and comment on disciplinary actions in their personnel file. A shall be given a copy upon request. Section 4 The Union shall be provided with a copy of all disciplinary notices shall be provided correspondence that is related to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify employee the Union in writing within three (3) working days after any notice of termination. is representing. Section 5 The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union and his representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period amount of time in order to allow a Union representative an opportunity prepare and present appropriate responses to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update proposed actions under this article through Step One of the investigation every thirty (30) daysGrievance Process. Employees receiving an This amount of time is to be mutually agreed upon by the parties. Section 6 Administrative involuntary reassignments to other schools, retraining, recertification, oral or written warning may request a meeting to discuss the counseling, and remedial training shall not be considered disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer actions and shall not be denied Union representation during used as a substitute thereof. Section 7 Previous charges or actions that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, have been brought forth by the administration may be cited against the employee will be informed of such and receive a letter of closure if these previous acts occurred within thirty (30) daysthe two years preceding the existing charge. The Employer shall endeavor to correct employee errors All previous charges or misjudgments in private, actions must have been shared with appropriate Union representation if requested by the employee. Section 8 The disciplinary dismissal, demotion, and suspension of any Employee shall be for just cause. Where just cause warrants such action(s), an employee may be demoted, suspended, or dismissed upon recommendation of the immediate supervisor to the Superintendent of Schools. Except in cases that constitute a real immediate danger to the district or other flagrant violation, progressive discipline shall be administered as follows: 1) Verbal reprimand (written notation placed in site file). 2) Written reprimand filed in Personnel and site files. 3) Suspension with or without pay.

Disciplinary Actions. 27.1 Employees shall not be disciplined or discharged without just cause. 27.2 The Court agrees following progressive corrective or disciplinary actions may be imposed: (a) counseling; (b) training; (c) verbal reprimand (d) written reprimand; (e) suspension; (f) demotion; and (g) termination of employment. Prior to act in good faith in imposing disciplinary action, an investigation may be conducted, and the employee subject to the disciplinary action upon any regular employee and such disciplinary may be placed on administrative leave, i.e., temporary leave with pay, pending completion of the investigation. Disciplinary action shall be made only for just taken in a timely manner after completion of the investigation. 27.3 During the probationary period, a newly hired employee may be terminated at any time without cause. The intent of progressive discipline is to assist Newly hired probationary employees, may be disciplined and the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writingprovided an opportunity for response; however, they shall have no recourse for the disciplinary action through the appeal or grievance process. 27.4 Employees shall be notified of intent to take disciplinary action and shall be provided an opportunity to respond prior to the action. The employee will be requested to sign type of notice depends on the nature of the proposed disciplinary action. The employee’s signature thereon For counseling and verbal reprimands, the notice is implicit in the action. Written reprimands shall not be construed as admission of guilt or concurrence discussed with the disciplineemployee, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices employee shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonablefor written rebuttal, i.e., the employee may request submit a written rebuttal to be placed in his/her permanent personnel file along with the presence of a bargaining unit witnesswritten reprimand. (Xxxxxxxxxx rights). The employee and/or Union representative Employees subject to disciplinary action involving suspension, demotion, or discharge shall be provided with an update the following before final action is taken: (1) Written notice of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the proposed disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and including the reasons for the proposed action. The employee shall be given , and the rules, regulations, policies, or laws which are alleged to have been violated; (2) an opportunity to review any documents or materials upon which the proposed action is based; (3) a disciplinary hearing shall be held within 5 business days of receipt of the notice of intent to take disciplinary action, the employee may respond in writing prior to the hearing or verbally at such time, to the charges made; and (4) an opportunity to be represented by a Union representative, or anyone else of the employee's choosing, during any verbal response to the proposed disciplinary action. 27.5 A suspension, demotion, or discharge may be appealed in writing accordance with Article 22, Grievance Procedure, such appeals shall begin at Step 3 of the procedure. Alternatively, the disciplinary action may be appealed to the Civil Service Commission in accordance with Section 13 of the Civil Service Rules of the City of Longview. The employee's selection of one avenue of appeal shall preclude the use of the other. 27.6 Disciplinary materials at the level of written reprimand or higher shall be maintained in the official personnel file of the employee. Access to personnel files shall be limited to the employee, his authorized representative, officials of the City who have a meeting legitimate business need for access of as required by state or federal laws. 27.7 Disciplinary materials shall be removed from personnel files in accordance with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee.following schedule:

Disciplinary Actions. Section 1: The Court agrees to act in good faith in imposing parties agree that the purpose of disciplinary action upon is to correct the offending employee's behavior/performance and maintain discipline and morale among other Department employees. Section 2: The Fire Rescue Chief, Town Manager, or designee may bring any regular violation of this Agreement or Department/Town personnel policy and/or practice to the attention of the employee and such impose disciplinary action action. Such disciplinary actions shall only be made only taken for just cause. Any disciplinary action taken against an employee shall be subject to the grievance procedure. Section 3: Notwithstanding the Fire Rescue Chief’s ability to provide verbal counseling to any employee at any time and to document such events as may be necessary, disciplinary action may normally be dispensed in the following manner, although it need not be administered in this order: a. Verbal Warning b. Written Reprimand c. Suspension without Pay d. Discharge/Termination Section 4: Prior to initiating disciplinary action, the following procedures will normally be followed: a. If the Fire Rescue Chief/Town contemplates the suspension or termination of an employee, he/she may be immediately placed on paid administrative leave pending the investigation and the final determination with respect to the proposed disciplinary action. b. The intent Fire Rescue Chief/Town will issue a written notice of progressive the alleged offense and proposed discipline is as soon as possible, normally ten (10) calendar days after becoming aware of the incident. c. A pre-action investigation or inquiry will be made to assist determine the facts. Part of this investigation shall include a discussion with the affected employee and others having information about the incident. d. The employee will be notified in advance of the time of the discussion, and if the employee with performance improvement is advised that disciplinary action is being contemplated, the employee is entitled to have a Union representative present. Once a representative is requested the employee will be allowed a reasonable amount of time, normally not more than three (3) calendar days, to obtain union representation. During this delay no further questioning of the employee will take place. e. The employee or his designated representative will be permitted to correct misconductoffer their written and/or oral statement to the deciding official during the pre-action investigation. Progressive discipline The written statement may be submitted at the meeting or no later than five (5) calendar days from the date of the above referenced meeting. f. The Fire Rescue Chief/Town will make reasonable efforts to undertake disciplinary actions in a prompt and timely manner, normally within ten (10) calendar days after conclusion of the pre-action investigation. 1) If an employee is subsequently suspended, he/she shall be notified in writing of the effective date(s), reason, and duration. Said notice shall be presented upon his/her return to work, or within seventy-two (72) hours of the suspension taking place, whichever comes first. Said notice shall also contain a statement informing the employee of his/her rights of appeal under the grievance proceedings as set forth herein. A suspension shall be unpaid (suspended employees shall not apply where be eligible for leave pay) and normally shall not exceed two (2) weeks. During the offense requires more serious discipline in period of suspension, employees shall remain obligated to pay the first instanceemployee’s share of insurance premiums as set forth herein. 2) If the employee is subsequently discharged, he/she shall be informed of the reason(s) for discharge and of the effective date within seventy-two (72) hours of the discharge taking place. Both Said notice shall also contain a statement informing the sequencing and employee of his/her rights of appeal under the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may includegrievance proceedings as set forth herein. Section 5: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall become a part of the employee’s official personnel file and shall be clearly identified as handled pursuant to Article 8 of this Agreement. If no disciplinary action is sustained against the employee, all references to such in writing. The employee action will be requested to sign withdrawn from the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their official personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee.

Disciplinary Actions. The Court agrees Level of Conduct - City employees are expected to act maintain a high-level of personal and professional conduct. Failure to perform one's duties satisfactorily, to respect the rights of the public and fellow employees, or to conform to the City's rules and regulations may result in good faith in imposing disciplinary action upon any regular employee up to and such including termination. • Types of Discipline - Recognizing the purpose of disciplinary action is to correct errant behavior where feasible; the following shall be made only considered the various types and levels of discipline, which may be taken against an employee for just cause. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings Non-severe Disciplinary Actions: o Oral Warning o Written Warning • Severe Disciplinary Actions: o Short Suspension Without Pay (documented)less than six days) o Long Suspension Without Pay (six to 30 days) o Demotion o Salary Step Rate Reduction o Discharge • Appropriate Disciplinary Actions - Nothing within this Resolution shall require the City to progress through each of the levels of discipline shown above; it is recognized that certain violations warrant more severe disciplinary action even on first offense. • written warnings: • suspension without pay; • demotion; or • termination. All Pre-Disciplinary Notice - When City management determines that an employee has committed a violation for which severe disciplinary actions action is appropriate, the following procedure shall be clearly identified as such in writing. followed: o The employee will be requested given a written notice of the proposed disciplinary action stating the reasons upon which the action is based, o The employee will be given a copy of or access to sign any materials upon which the charges are based, o The employee will be given reasonable time to review the charges, materials and prepare his/her response, and o The employee will be given a date and time to make his/her oral response to the City Manager or his designee and/or provide a written response to the charges. • After considering the employee's response or lack thereof to the charges, the City Manager (or designee) shall amend, withdraw, or institute the proposed disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the • Appeals. Any disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice involves a loss of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right pay because of suspension, demotion, or discharge of an employee who reasonably believes that an investigatory interview with a supervisor has successfully completed their initial probationary period, may result be appealed. Less severe disciplinary actions as set forth in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) days. Employees receiving an oral or written warning may request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in writing or in a meeting with the Employer and section 16 shall not be denied Union representation during that meeting, if requested. (Xxxxxxxxxx rights) When an investigation is concluded and no basis exists to support disciplinary action per this article, the employee will be informed of such and receive a letter of closure within thirty (30) days. The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employeeappealable.

Disciplinary Actions. A. The Court agrees County reserves the right to act investigate allegations of employee misconduct and/or poor performance. B. An employee may be placed on administrative leave with pay, if appropriate, during an investigation of an employee. C. During an investigation, no documentation related to the matter under investigation will be placed in good faith the employee’s official personnel file until the investigation is completed. D. An employee shall be permitted at any phase of an investigation which may reasonably lead to a suspension without pay, demotion, or termination, including interviews by a management representative, to have a representative of his/her choosing present for the purpose of advising the employee. E. Employees will cooperate in imposing all investigations conducted by or on behalf of the County, including polygraph exams. Failure to cooperate may be the basis for disciplinary action upon action, up to and including termination. Nothing herein shall preclude an employee from exercising any regular constitutional or statutory right to which he/she may be entitled. F. A Deputy shall not be required to submit to a polygraph examination as part of an internal investigation regarding the officer’s conduct unless the complainant is first examined by a licensed polygraph examiner and passes the polygraph examination. If a deputy is subjected to a polygraph examination, the licensed examiner who administers the examination shall not know the results of the complainant’s polygraph examination or the name of the licensed examiner who conducted such examination. G. Any imposition of discipline against any employee and such disciplinary action shall be made in writing including a summary of the circumstances giving rise to the charges; and the specific rules, regulations, policies, and/or procedures that have allegedly been violated. H. Disciplinary demotions will result in the employee’s pay being returned to the job class pay rate along with their seniority from which the employee was last promoted. I. Except as otherwise provided by an arbitrator or a court of law, disciplinary actions shall be placed in the employee’s official personnel file and shall not be purged. J. Disciplinary actions involving oral reprimands (i.e.; verbal counseling session), may not be appealed. The Employee may attach a rebuttal to any written disciplinary documentation in the employee’s personnel file. K. Disciplinary actions involving written reprimands may be appealed through the grievance procedure contained in this Agreement, but only through the County Manager or designee. L. All other disciplinary actions may be appealed through the grievance procedure contained in this Agreement, including suspension without pay, demotion, and termination. In any disciplinary actions appealed to arbitration through the grievance procedure contained in this Agreement, the arbitrator shall apply just cause as the standard for discipline and use preponderance of evidence as the standard of proof (i.e.; 51% or higher). M. All disciplinary action to include oral reprimands, written reprimands, demotions, suspensions, or terminations will be for just cause. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with Human Resources. Progressive discipline may include: • oral warnings (documented); • written warnings: • suspension without pay; • demotion; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A provided a copy of all disciplinary notices shall be provided to findings (e.g., sustained, not sustained, etc.) following the employee before such material is placed in their personnel file. Employees receiving disciplinary action shall be entitled to utilize the grievance procedure. If, as a result conclusion of the grievance procedure utilization, just cause is not shown, personnel records shall investigation. Discipline will be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing issued within three (3) working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights). The employee and/or Union representative shall be provided with an update of the investigation every thirty (30) daysbusiness days of the investigator’s findings, reprimands will not be considered in future disciplinary action after 60 months unless there has been subsequent reprimands issued in that period of time. Employees receiving The employee and the Union will be notified in writing if issuing discipline within this timeframe cannot be accomplished because of extenuating circumstances beyond the control of the employer. N. An employee facing a suspension without pay may choose to have the employee’s accrued compensatory time followed by accrued vacation time docked for up to fifty percent (50%) of the amount of the suspension, up to a maximum of eighty (80) hours. The option to use compensatory or vacation accruals is only available if the employee does not appeal the suspension. The pre-determination hearing is not considered an oral appeal. O. Pre-Determination Hearing. Prior to the imposition of discipline other than verbal or written warning may reprimand or warning, the employee will be advised in writing of the charges against him/her and given an opportunity to respond. The employee has five (5) work days from the date of written notice to request a meeting to discuss the disciplinary action. Employees shall also have a right to a notice and a pre-determination meeting prior to any suspension, demotion or termination. The Employer must provide a notice and statement in writing hearing to the human resources department. If the employee identifying does not request a pre- determination hearing, the performance violations or misconduct alleged, a finding of fact employee is deemed to have waived his/her right to contest the matter and the reasons for action recommended in the proposed action. notice of intent shall take effect. a. The predetermination hear is an informal hearing to allow the employee shall be given an the opportunity to respond to the charges in writing or in a meeting with the Employer proposed disciplinary action. i. Technical rules of evidence and court procedures shall not apply, except that irrelevant, immaterial, or unduly repetitious material may be denied Union representation during that meetingexcluded. Evidence protected by rules of privilege recognized by law may also be excluded. ii. The employee may present his/her own evidence and statement. iii. The employee may choose one representative to accompany him/her to the hearing. iv. The pre-determination hear shall be audio or video recorded. b. The employee and/or their representative may cross examine any witnesses who have provided statements and may present documents on his/her behalf. i. The hearing officer may limit the number of witnesses on any issue, if requestedincluding character and reputation evidence. ii. (Xxxxxxxxxx rights) When an investigation The hearing officer may exclude from the room any witness not under examination at the time. The employee, employee’s representative, and the management representative may not be excluded unless their behavior is concluded and no basis exists to support disruptive. iii. Coordination of witnesses and/or collection of witness statements on behalf of the employee requesting the hearing are the employee’s responsibility except in cases where the proposed disciplinary action per this articleis due to discrimination, harassment or workplace violence. In cases of discrimination, harassment or workplace violence, the employee shall provide a witness list to human resources at the time the hearing is requested and human resources will arrange for the witness(es) to appear. In the event that a County employee is uncooperative when contacted, human resources shall be informed notified by the employee requesting the hearing and will assist in securing the employee’s cooperation. c. The employee may be accompanied by a representative who may present the employee’s side of such the issue or assist the employee in doing so. If the representative is and receive a letter of closure within thirty (30) daysattorney, the employee must inform the human resources administrator to allow the County time to arrange for its general counsel to be present at the hearing. The Employer shall endeavor County reserves the right to correct have general counsel present at any and all hearings. d. The hearing officer may continue the hearing at the request of either the employee errors or misjudgments the department. Request to continue the hearing must be submitted to the human resources department in private, with appropriate Union representation if requested by the employee.writing at least three