Disciplinary Appeals. A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal. B. The City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct such hearing. C. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request as provided above, to commence as soon as can be expeditiously arranged. D. The affected employee may be represented by an attorney or any other representative of his/her choosing. E. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues. F. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings. G. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate. H. The right of cross-examination shall be provided to all parties concerned. I. The City Manager or designee shall not be precluded from making an independent investigation outside the context of the hearing. J. Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be given an opportunity to respond. K. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative. L. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative. M. The decision of the City Manager shall be final and conclusive.
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Disciplinary Appeals. A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.
B. The A. For those permanent employees, including confidential employees who have been reduced in pay, temporarily demoted, or suspended without pay for less than 80 hours, the City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct such hearing.
C. . Prior to setting the date for the hearing, either party may request the matter be subject to mediation pursuant to Section 5010. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request request, as provided above, to commence as soon as can be expeditiously arranged.
D. The . At any step in the discipline appeal process, the affected employee may be represented by an attorney or any other representative of his/her choosing.
E. . The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues.
F. . The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings.
G. . The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate.
H. . The right of cross-examination shall be provided to all parties concerned.
I. . The City Manager or of designee shall not be precluded from making an independent investigation outside the context of the hearing.
J. . Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be are given an opportunity to respond.
K. . If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
L. B. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative.
M. . The decision of the City Manager shall be final and conclusive. 5009 Disciplinary Appeals/Mediation/Arbitration:
A. Permanent employees who have been given a Notice of Intended Action to be suspended without pay for 80 or more hours, permanently demoted, or terminated, may within five (5) calendar days or receipt of the notice, file a written notice of appeal to the City Manager. The City Manager or his/her designee shall review the employee’s response, and make a determination whether to cancel, amend, or sustain the proposed action. If the City Manger decides to amend or sustain the proposed action, the employee will be served with a Final Notice of Disciplinary Action.
B. If the employee is not satisfied with the City Manager’s ruling, per the disciplinary action as stated in Section 5010 A, the matter may be submitted to mediation. This request shall be submitted to the City Manager or designee in writing within five (5) days of the employee’s receipt of the Notice of Final Discipline from the City Manager.
C. If all parties, or their designated representatives, agree to mediation, a request shall be submitted to the California State Mediation and Conciliation Service (CSMCS) in writing. Absent the ability of CSMCS to serve in a timely manner, the parties shall agree on another mediator. Any costs of the mediator or the mediation process shall be divided equally between the City and TOMA.
D. The function of the mediator shall be to attempt to assist the parties to achieve a mutually satisfactory resolution of the dispute. The mediator has no authority to compel resolution of the grievances. Proceedings before the mediator shall be informal.
E. If a satisfactory resolution of the dispute is achieved by means of this mediation process, the parties shall sign a written statement to that effect and thus waive the right of either party to any further appeal.
F. If either party does not accept the mediator’s opinion, or if the parties do not elect to proceed with mediation, the matter may then proceed to an arbitrator in the manner and from provided in Section 5010. Such arbitration hearings will be held as if mediation had not taken place. Nothing said or done by the parties or the mediator during mediation can be used in any subsequent arbitration, court or government agency proceeding. The mediator may not serve as the arbitrator.
X. If the employee elects not to be represented by the recognized employee organization, the employee may request an advisory independent hearing subject to review by the City Manager. The City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct a hearing. The costs of the hearing shall be paid by the City. The employee shall be responsible for the cost of his or her representation and court reporter(s) if requested.
H. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request, as provided above, to commence as soon as can be expeditiously arranged. The affected employee may be represented by an attorney or any other representative of his/her choosing. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate. The right of cross-examination shall be provided to all parties concerned. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Disciplinary Appeals. A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.
B. The A. For those permanent employees, including confidential employees who have been reduced in pay, temporarily demoted, or suspended without pay for less than 40 hours, the City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct such hearing.
C. . Prior to setting the date for the hearing, either party may request the matter be subject to mediation pursuant to Section 5010. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request request, as provided above, to commence as soon as can be expeditiously arranged.
D. The . At any step in the discipline appeal process, the affected employee may be represented by an attorney or any other representative of his/her choosing.
E. . The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues.
F. . The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings.
G. . The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate.
H. . The right of cross-examination shall be provided to all parties concerned.
I. . The City Manager or designee shall not be precluded from making an independent investigation outside the context of the hearing.
J. . Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be are given an opportunity to respond.
K. . If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
L. B. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative.
M. . The decision of the City Manager shall be final and conclusive. 5009 Disciplinary Appeals/Mediation/Arbitration:
A. Permanent employees who have been given a Notice of Intended Action to be suspended without pay for 40 or more hours, permanently demoted, or terminated, may within 10 business days of receipt of the notice, file a written notice of appeal to the City Manager. The City Manager or his/her designee shall review the employee’s response, and make a determination whether to cancel, amend, or sustain the proposed action. If the City Manager decides to amend or sustain the proposed action, the employee will be served with a Final Notice of Disciplinary Action.
B. If the employee is not satisfied with the City Manager’s ruling, per the disciplinary action as stated in Section 5010 A, the matter may be submitted to mediation. This request shall be submitted to the City Manager or designee in writing within five (5) business days of the employee’s receipt of the Notice of Final Discipline from the City Manager.
C. If all parties, or their designated representatives, agree to mediation, a request shall be submitted to the California State Mediation and Conciliation Service (CSMCS) in writing. Absent the ability of CSMCS to serve in a timely manner, the parties shall agree on another mediator. Any costs of the mediator or the mediation process shall be divided equally between the City and TOCEA.
D. The function of the mediator shall be to attempt to assist the parties to achieve a mutually satisfactory resolution of the dispute. The mediator has no authority to compel resolution of the grievances. Proceedings before the mediator shall be informal.
E. If a satisfactory resolution of the dispute is achieved by means of this mediation process, the parties shall sign a written statement to that effect and thus waive the right of either party to any further appeal.
F. If either party does not accept the mediator’s opinion, or if the parties do not elect to proceed with mediation, the matter may then proceed to an arbitrator in the manner and form provided in Section 5010. Such arbitration hearings will be held as if mediation had not taken place. Nothing said or done by the parties or the mediator during mediation can be used in any subsequent arbitration, court or government agency proceeding. The mediator may not serve as the arbitrator.
X. If the employee elects not to be represented by the recognized employee organization, the employee may request an advisory independent hearing subject to review by the City Manager. The City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct a hearing. The costs of the hearing shall be paid by the City. The employee shall be responsible for the cost of his or her representation and court reporter(s) if requested.
H. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request, as provided above, to commence as soon as can be expeditiously arranged. The affected employee may be represented by an attorney or any other representative of his/her choosing. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate. The right of cross-examination shall be provided to all parties concerned. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Disciplinary Appeals. A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.
B. The A. For those permanent employees, including confidential employees who have been reduced in pay, temporarily demoted, or suspended without pay for less than 80 hours, the City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct such hearing.
C. . Prior to setting the date for the hearing, either party may request the matter be subject to mediation pursuant to Section 5010. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request request, as provided above, to commence as soon as can be expeditiously arranged.
D. The . At any step in the discipline appeal process, the affected employee may be represented by an attorney or any other representative of his/her choosing.
E. . The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues.
F. . The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings.
G. . The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate.
H. . The right of cross-examination shall be provided to all parties concerned.
I. . The City Manager or of designee shall not be precluded from making an independent investigation outside the context of the hearing.
J. . Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be are given an opportunity to respond.
K. . If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
L. B. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative.
M. . The decision of the City Manager Manger shall be final and conclusive. 5009 Disciplinary Appeals/Mediation/Arbitration:
A. Permanent employees who have been given a Notice of Intended Action to be suspended without pay for 80 or more hours, permanently demoted, or terminated, may within five (5) calendar days or receipt of the notice, file a written notice of appeal to the City Manager. The City Manager or his/her designee shall review the employee’s response, and make a determination whether to cancel, amend, or sustain the proposed action. If the City Manger decides to amend or sustain the proposed action, the employee will be served with a Final Notice of Disciplinary Action.
B. If the employee is not satisfied with the City Manager’s ruling, per the disciplinary action as stated in Section 5010 A, the matter may be submitted to mediation. This request shall be submitted to the City Manager or designee in writing within five (5) days of the employee’s receipt of the Notice of Final Discipline from the City Manger.
C. If all parties, or their designated representatives, agree to mediation, a request shall be submitted to the California State Mediation and Conciliation Service (CSMCS) in writing. Absent the ability of CSMCS to serve in a timely manner, the parties shall agree on another mediator. Any costs of the mediator or the mediation process shall be divided equally between the City and TOMA.
D. The function of the mediator shall be to attempt to assist the parties to achieve a mutually satisfactory resolution of the dispute. The mediator has no authority to compel resolution of the grievances. Proceedings before the mediator shall be informal.
E. If a satisfactory resolution of the dispute is achieved by means of this mediation process, the parties shall sign a written statement to that effect and thus waive the right of either party to any further appeal.
F. If either party does not accept the mediator’s opinion, or if the parties do not elect to proceed with mediation, the matter may then proceed to an arbitrator in the manner and from provided in Section 5010. Such arbitration hearings will be held as if mediation had not taken place. Nothing said or done by the parties or the mediator during mediation can be used in any subsequent arbitration, court or government agency proceeding. The mediator may not serve as the arbitrator.
G. If the employee elects not to be represented by the recognized employee organization, the employee may request an advisory independent hearing subject to review by the City Manager. The City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct a hearing. The costs of the hearing shall be paid by the City. The employee shall be responsible for the cost of his or her representation and court reporter(s) if requested.
H. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request, as provided above, to commence as soon as can be expeditiously arranged. The affected employee may be represented by an attorney or any other representative of his/her choosing. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate. The right of cross-examination shall be provided to all parties concerned. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
Appears in 1 contract
Samples: Memorandum of Understanding
Disciplinary Appeals. A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.
B. The A. For those permanent employees, including confidential employees who have been reduced in pay, temporarily demoted, or suspended without pay for less than 40 hours, the City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct such hearing.
C. . Prior to setting the date for the hearing, either party may request the matter be subject to mediation pursuant to Section 5010. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request request, as provided above, to commence as soon as can be expeditiously arranged.
D. The . At any step in the discipline appeal process, the affected employee may be represented by an attorney or any other representative of his/her choosing.
E. . The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues.
F. . The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings.
G. . The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate.
H. . The right of cross-examination shall be provided to all parties concerned.
I. . The City Manager or designee shall not be precluded from making an independent investigation outside the context of the hearing.
J. . Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be are given an opportunity to respond.
K. . If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
L. B. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative.
M. . The decision of the City Manager shall be final and conclusive. 5009 Disciplinary Appeals/Mediation/Arbitration:
A. Permanent employees who have been given a Notice of Intended Action to be suspended without pay for 40 or more hours, permanently demoted, or terminated, may within 10 business days of receipt of the notice, file a written notice of appeal to the City Manager. The City Manager or his/her designee shall review the employee’s response, and make a determination whether to cancel, amend, or sustain the proposed action. If the City Manager decides to amend or sustain the proposed action, the employee will be served with a Final Notice of Disciplinary Action.
B. If the employee is not satisfied with the City Manager’s ruling, per the disciplinary action as stated in Section 5010 A, the matter may be submitted to mediation. This request shall be submitted to the City Manager or designee in writing within five (5) business days of the employee’s receipt of the Notice of Final Discipline from the City Manager.
C. If all parties, or their designated representatives, agree to mediation, a request shall be submitted to the California State Mediation and Conciliation Service (CSMCS) in writing. Absent the ability of CSMCS to serve in a timely manner, the parties shall agree on another mediator. Any costs of the mediator or the mediation process shall be divided equally between the City and TOCEA.
D. The function of the mediator shall be to attempt to assist the parties to achieve a mutually satisfactory resolution of the dispute. The mediator has no authority to compel resolution of the grievances. Proceedings before the mediator shall be informal.
E. If a satisfactory resolution of the dispute is achieved by means of this mediation process, the parties shall sign a written statement to that effect and thus waive the right of either party to any further appeal.
F. If either party does not accept the mediator’s opinion, or if the parties do not elect to proceed with mediation, the matter may then proceed to an arbitrator in the manner and form provided in Section 5010. Such arbitration hearings will be held as if mediation had not taken place. Nothing said or done by the parties or the mediator during mediation can be used in any subsequent arbitration, court or government agency proceeding. The mediator may not serve as the arbitrator.
G. If the employee elects not to be represented by the recognized employee organization, the employee may request an advisory independent hearing subject to review by the City Manager. The City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct a hearing. The costs of the hearing shall be paid by the City. The employee shall be responsible for the cost of his or her representation and court reporter(s) if requested.
H. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request, as provided above, to commence as soon as can be expeditiously arranged. The affected employee may be represented by an attorney or any other representative of his/her choosing. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate. The right of cross-examination shall be provided to all parties concerned. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
Appears in 1 contract
Samples: Memorandum of Understanding
Disciplinary Appeals. A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.
B. The City Manager Manger or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct such hearing.
C. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request as provided above, to commence as soon as can be expeditiously arranged.
D. The affected employee may be represented by an attorney or any other representative of his/her choosing.
E. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues.
F. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings.
G. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate.
H. The right of cross-examination shall be provided to all parties concerned.
I. The City Manager or designee shall not be precluded from making an independent investigation outside the context of the hearing.
J. Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be given an opportunity to respond.
K. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
L. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative.
M. The decision of the City Manager shall be final and conclusive.
Appears in 1 contract
Samples: Memorandum of Understanding
