DISCIPLINARY APPEAL PROCEDURE. 16.5.5.1 A permanent employee within five (5) business days of a notice of disciplinary action may request a hearing before the Governing Board by filing with the Superintendent in writing. The request shall constitute a demand for a hearing and a denial of all charges and shall state whether the employee wished the hearing to be conducted in public or in private. An employee may appeal both the causes of the disciplinary action as well as the specific disciplinary action.
16.5.5.2 The Governing Board shall set the matter for hearing and shall give the employee at least five (5) business days notice in writing of the date and place for such hearing. The Governing Board may utilize a Hearing Officer to conduct the hearing before the Board. The Hearing Officer shall be selected by the Association and District and mutually agreed upon. The costs of the Hearing Officer shall be borne by the District.
16.5.5.3 The hearing shall be informal and need not be conducted according to the technical rules of evidence.
16.5.5.4 After the completion of the hearing, the Board shall issue a written decision, which shall be provided all parties to the hearing.
16.5.5.5 The above procedure is the only appeal process of a disciplinary action. Accordingly, no grievance may be filed pursuant to Article 7: Grievance Procedure of this Agreement.
DISCIPLINARY APPEAL PROCEDURE. The Disciplinary Appeal Procedure shall be applicable to Employees and shall include the demotion in rank, suspension without pay, or discharge of employment. The Disciplinary Appeal Procedure by Employees shall be handled in the same manner as other similar City employees under the City’s Employee Handbook.
DISCIPLINARY APPEAL PROCEDURE. Resolution 2003-11, attached hereto as Exhibit A, serves as the City’s disciplinary appeal procedure. It provides that the hearing officer, if other than the City Manager, has the right to make a recommendation, following completion of a disciplinary appeal hearing, that the discipline (as set forth in the notice of the imposition of discipline and upon which the hearing has been convened), be affirmed, modified or reversed. Likewise, if the City Manager serves as the hearing officer, the City Manager has the right to find that said discipline is affirmed, modified or reversed.
DISCIPLINARY APPEAL PROCEDURE. The employee, or his/her representative, after service of an order of disciplinary action as specified in Section 25.7 may request that the matter be submitted to an impartial Arbitrator. A written request for a hearing before an Arbitrator must be served on the City Manager or his/her representative within ten (10) days following receipt of the order of discipline. The demand for a hearing shall include:
a) Specific grounds for review; and
b) Copies of materials on which the appeal is based.
DISCIPLINARY APPEAL PROCEDURE. Resolution 2003-11 will be amended to reflect that the City Manager will no longer serve as the Hearing Officer.
DISCIPLINARY APPEAL PROCEDURE. The following disciplinary appeal procedures only apply to bargaining unit members. The following appeal procedures apply only to suspension without pay, demotion, reduction in pay or dismissal/termination.
DISCIPLINARY APPEAL PROCEDURE. The CITY agrees to provide a procedure whereby involuntary termination, demotion, or suspension without pay of an employee, shall at the employee’s written request, be reviewed to determine whether such disciplinary action was justified and should be upheld. The procedure includes the right, after notice, to a hearing before a neutral having the power to affirm, revoke, or modify the disciplinary action reviewed.
DISCIPLINARY APPEAL PROCEDURE. City Resolution No. 98-39, which governs the appeal of disciplinary action, is rescinded in its entirety and Sections 3 through 5 of Rule XIV of City Resolution No. 85-52 (Personnel Rules) is amended as reflected in City Resolution No. 2003-11, attached hereto as Exhibit A.
DISCIPLINARY APPEAL PROCEDURE. Should you be dissatisfied with any decision to take action or dismiss you on disciplinary/capability grounds, you must apply either verbally or in writing, to me within five working days of the decision why you are dissatisfied with the decision. I will exercise discretion in hearing appeals which are submitted outside of this timeframe. Further information is attached.
DISCIPLINARY APPEAL PROCEDURE. 28.1 An employee may appeal a disciplinary action involving discharge, demotion, suspension, or loss of pay pursuant to the following disciplinary appeal procedure. Probationary employees shall not be entitled to invoke this disciplinary appeal procedure.
28.2 Upon an employee’s receipt of the Notice of Proposed Disciplinary Action, the employee will have 10 calendar days to request a predisciplinary meeting with the Chief of Police or to request the ability to provide a written response to the proposed discipline. An employee’s failure to request a predisciplinary meeting or written response to the proposed discipline within this timeframe will waive the right to provide a predisciplinary response. Following any applicable predisciplinary meeting/written response, or where no response is provided, the Chief of Police will review the proposed disciplinary action and decide to sustain, modify, or reject the recommendation and will notify the employee of the decision and issue any applicable Notice of Disciplinary Action.
28.3 If the Notice of Disciplinary Action issued by the Chief of Police in Section 28.1 above continues to involve a disciplinary action subject to appeal pursuant to the Article, the employee has 10 calendar days to request an appeal of the disciplinary action proceed to arbitration. The arbitration of the disciplinary will be handled as follows:
(a) An Arbitrator shall be chosen by mutual agreement of the City and employee. In the event that City and the employee or their representative are unable to agree on the selection of an Arbitrator, within 5 calendar days of the City’s receipt of a request by the employee to appeal the disciplinary action, the City will solicit a list of five (5) arbitrators from the California State Mediation and Conciliation Service (SMCS). A copy of such list shall be provided to the employee’s representative. The parties agree to act expeditiously in the selection of an arbitrator. If the employee and the City fail to reach mutual agreement on the selection of an arbitrator based on the SMCS list, each party’s representative shall meet and alternately strike a name from the SMCS list of arbitrators. The first party to strike a name shall be determined by lot. The costs of arbitration shall be borne equally by the City and the employee, except in cases where the employee is not represented by the Association or any affiliated legal defense entity and would otherwise be directly responsible for such costs. In su...
