Common use of DISCIPLINARY ARBITRATION Clause in Contracts

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 3 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement

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DISCIPLINARY ARBITRATION. Sec. 3101 3001 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 3002 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he he/she has the right to review the materials being used against him/her, and a statement advising the employee that he he/she has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 721. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 721 representative if he he/she so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Subject to the provisions of Section 3009, the Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him him/her of his his/her right to request that VCPPOA Local 721 submit the matter to arbitration within fourteen thirty (1430) calendar days. A duplicate of that Notice must be filed with the DirectorCDEO-Human Resources IRRM and VCPPOALocal 721. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 3003 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Memorandum of Agreement, Collective Bargaining Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 2901 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 2902 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ PAY, A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 501. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 501 representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his their right to request that VCPPOA Local 501 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOALocal 501. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 2903 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 3 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 3201 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Regulations Sec. 3102 3202 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOAVEA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VEA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him him/her of his his/her right to request that VCPPOA VEA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOAVEA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 3203 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 3 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Regulations.‌ Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Section 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources Director and VCPPOAVCSCOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCSCOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA VCSCOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources Director and VCPPOAVCSCOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, AND

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ PAY, suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN. A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he the employee has the right to review the materials being used against him, and a statement advising the employee that he the employee has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he the employee so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his their right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, Sec. 3104 DISCIPLINARY REDUCTION IN PAY: In accordance with the necessity for taking disciplinary action, the pay of a VCPPOA represented employee may be reduced by either two and one-half percent (2½%) or five percent (5%) for a period of time not to exceed thirteen (13) pay periods for any one (1) offense.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993<DATE OF ADOPTION BY THE BOARD>, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. SecPAY, DISMISSAL: The continuing employment of every regular employee shall be contingent upon good behavior. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION INAny such employee may be suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOAVCDSA concurrently with service to the employee. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCDSA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, final and apprise him of his right to request that VCPPOA VCDSA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOAVCDSA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, DISMISSAL: In accordance with Section 1345.1.4.13.1 of the Ventura County Ordinance Code, causes for disciplinary action are as follows: fraud in securing appointment, incompetence, inefficiency, inexcusable neglect of duty, physical or mental disability, insubordination, dishonesty, drunkenness on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Section 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service. Sec. 3104 DISCIPLINARY REDUCTION IN PAY: In accordance with the necessity for taking disciplinary action, the pay of a VCDSA represented employee may be reduced by either two and one-half percent (2 1/2%) or five percent (5%) for a period of time not to exceed thirteen (13) pay periods for any one (1) offense. Sec. 3105 SUSPENSION WITHOUT PAY: Suspension without pay may be imposed not to exceed thirty (30) calendar days. Whenever an employee is suspended without pay, no compensation shall be paid the suspended employee for the duration of his suspension and such suspension shall be treated as an authorized leave of absence without pay for purposes of annual leave and sick leave accruals. Sec. 3106 DEMOTION: The employee may be demoted to a classification which has a lower pay range than the position currently occupied. In cases of disciplinary demotion, the compensation of the employee shall be adjusted to a point in the range of the position to which he has been demoted which is approximately five percent (5%) lower than the rate of pay he was receiving in the higher class. If the top step of the pay range of the position to which he has been demoted is more than five percent (5%) lower than the rate of pay he was receiving in the higher class, the employee shall receive the top step of the pay range of the position to which he has been demoted. An employee so demoted shall not have his merit increase hours needed reset nor shall s/he serve another probationary period unless required by law.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 2901 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January August 1, 19932021, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 2902 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ PAY, DISMISSAL: The continuing employment of every regular employee shall be contingent upon good behavior. Any such employee may be dismissed, demoted, suspended, reduced in pay, reduced in pay and suspended, or demoted and suspended for cause as specified in Section 2903 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he he/she has the right to review the materials being used against him/her, and a statement advising the employee that he he/she has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOAVCPFA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCPFA representative if he he/she so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, final and apprise him him/her of his his/her right to request that VCPPOA VCPFA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,fourteen

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN. A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, Sec. 3104 DISCIPLINARY REDUCTION IN PAY: In accordance with the necessity for taking disciplinary action, the pay of a VCPPOA represented employee may be reduced by either two and one-half percent (2½%) or five percent (5%) for a period of time not to exceed thirteen (13) pay periods for any one (1) offense.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 2801 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring on or after January 1December 14, 19932021, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations unless otherwise incorporated herein. This article is intended to change the forum for disciplinary appeals from the Civil Service Commission to binding and final arbitration but does not otherwise alter any substantive or procedural rights that the parties may have had under Article 21 of the Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN. A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action (also known as “Xxxxxx Letter”) stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice copy of all materials objectively relevant to the employee that he has the right to review the materials discipline or being used against him, them and a statement advising the employee that he has they have a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOACJAAVC. B. Within seven ten (710) calendar days (excluding paid assigned holidays, as set forth in section 1102 of this MOA) from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her their designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to may have a VCPPOA CJAAVC representative or a representative or attorney of their choice if he they so chooseschoose. C. At After the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, final and apprise him them of his their right to request that VCPPOA CJAAVC submit the matter to arbitration within fourteen thirty (1430) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOACJAAVC. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 2803 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1July 27, 19932021, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. SecPAY, DISMISSAL: The continuing employment of every regular employee shall be contingent upon good behavior. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION INAny such employee may be suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he the employee has the right to review the materials being used against himthe employee, and a statement advising the employee that he the employee has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOAVCDSA concurrently with service to the employee. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her their designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCDSA representative if he the employee so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's ’s response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, final and apprise him them of his their right to request that VCPPOA VCDSA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,fourteen

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 3001 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 3002 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he he/she has the right to review the materials being used against him/her, and a statement advising the employee that he he/she has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 721. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 721 representative if he he/she so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Subject to the provisions of Section 3009, the Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him him/her of his his/her right to request that VCPPOA Local 721 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the DirectorCDEO-Human Resources IRRM and VCPPOALocal 721. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 3003 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 3001 PURPOSE: To provide an equitable eq uitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 3002 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such S uch Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he he/she has the right to review the materials being used against him/her, and a statement s tatement advising the employee that he he/she has a right r ight to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 721. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such S uch response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 721 representative if he he/she so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served s erved with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Subject to the provisions of Section 3009, the Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him him/her of his his/her right to request that VCPPOA Local 721 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the DirectorCDEO-Human Resources IRRM and VCPPOALocal 721. Nothing in this Section shall be considered c onsidered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 3003 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN. A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he the employee has the right to review the materials being used against himthe employee, and a statement advising the employee that he the employee has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources Director and VCPPOAVCSCOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCSCOA representative if he the employee so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's ’s response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him the employee of his the right to request that VCPPOA VCSCOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources Director and VCPPOAVCSCOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, AND

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.‌‌

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, drunkenness on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Section 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, drunkenness on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Section 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.‌‌‌

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, in securing appointment, incompetence, inefficiency, inexcusable neglect of duty, physical or mental disability, insubordination, dishonesty, drunkenness on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Section 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 1 contract

Samples: Memorandum of Agreement

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DISCIPLINARY ARBITRATION. Sec. 3101 3001 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Regulations.‌ Sec. 3102 3002 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he he/she has the right to review the materials being used against him/her, and a statement advising the employee that he he/she has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 721. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 721 representative if he he/she so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Subject to the provisions of Section 3009, the Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him him/her of his his/her right to request that VCPPOA Local 721 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the DirectorCDEO-Human Resources IRRM and VCPPOALocal 721. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 3003 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, DISMISSAL: In accordance with Section 1345.1.4.13.1 of the Ventura County Ordinance Code, causes for disciplinary action are as follows: fraud in securing appointment, incompetency, inefficiency, inexcusable neglect of duty, physical or mental disability in accordance with Federal and State Law, insubordination, dishonesty, being under the influence of illegal drugs and/or alcohol while on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.‌‌

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN. A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, Sec. 3104 DISCIPLINARY REDUCTION IN PAY: In accordance with the necessity for taking disciplinary action, the pay of a VCPPOA-represented employee may be reduced by either two and one-half percent (2 1/2%) or five percent (5%) for a period of time not to exceed thirteen (13) pay periods for any one (1) offense.

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 2901 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 2902 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ PAY, A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 501. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 501 representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his their right to request that VCPPOA Local 501 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOALocal 501. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 2903 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources Director and VCPPOAVCSCOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCSCOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA VCSCOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources Director and VCPPOAVCSCOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 2901 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January August 1, 19932021, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 2902 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ PAY, DISMISSAL: The continuing employment of every regular employee shall be contingent upon good behavior. Any such employee may be dismissed, demoted, suspended, reduced in pay, reduced in pay and suspended, or demoted and suspended for cause as specified in Section 2903 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he the employee has the right to review the materials being used against himthe employee, and a statement advising the employee that he the employee has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOAVCPFA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCPFA representative if he the employee so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's ’s response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, final and apprise him the employee of his their right to request that VCPPOA VCPFA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOAVCPFA. Nothing in this Section section shall be considered to restrict the right of the County District to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 2903 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, DISMISSAL: In accordance with Section 1345.1.4.13.1 of the Ventura County Ordinance Code, causes for disciplinary action are as follows: fraud in securing appointment, incompetence, inefficiency, inexcusable neglect of duty, physical or mental disability, insubordination, dishonesty, drunkenness while on duty, intemperance, addiction to the use of narcotics and/or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service. Sec. 2904 DISCIPLINARY REDUCTION IN PAY: In accordance with the necessity for taking disciplinary action, the pay of a VCPFA-represented employee may be reduced by either two and one- half percent (2 1/2%) or five percent (5%) for a period of time not to exceed thirteen (13) pay periods for any one (1) offense. Sec. 2905 SUSPENSION WITHOUT PAY: Suspension without pay may be imposed not to exceed thirty (30) calendar days. Whenever an employee is suspended without pay, no compensation shall be paid the suspended employee for the duration of the suspension and such suspension shall be treated as an authorized leave of absence without pay for purposes of annual leave and sick leave accruals. Sec. 2906 DEMOTION: The employee may be demoted to a classification which has a lower pay range than the position currently occupied. In cases of disciplinary demotion, the compensation of the employee shall be adjusted to a point in the range of the position to which the employee has been demoted which is approximately five percent (5%) lower than the rate of pay the employee was receiving in the higher class. If the top step of the pay range of the position to which the employee has been demoted is more than five percent (5%) lower than the rate of pay the employee was receiving in the higher class, the employee shall receive the top step of the pay range of the position to which the employee has been demoted. An employee so demoted shall not have their merit increase hours needed reset nor shall the employee serve another probationary period unless required by law.

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 2901 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 2902 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ PAY, A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 501. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 501 representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his their right to request that VCPPOA Local 501 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOALocal 501. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 2903 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.‌‌ Sec. 2904 DISCIPLINARY REDUCTION IN PAY: In accordance with the necessity for taking disciplinary action, the pay of a Local 501 represented employee may be reduced by either two and one-half percent (2.5%) or five (5%) for a period of time not to exceed 1,040 hours for any one (1) offense. Sec. 2905 SUSPENSION WITHOUT PAY: Suspension without pay may be imposed not to exceed thirty (30) calendar days. Whenever an employee is suspended without pay, no compensation shall be paid the suspended employee for the duration of their suspension and such suspension shall be treated as an authorized leave of absence without pay for purposes of vacation and sick leave accruals. Sec. 2906 DEMOTION: The employee may be demoted to a classification which has a lower pay range than the position currently occupied. In cases of disciplinary demotion, the compensation of the employee shall be adjusted to the point in the pay range of the position to which he has been demoted which is approximately five percent (5%) lower than the rate of pay he was receiving in the higher class. If the top step of the range of the position to which he has been demoted is more than five (5%) lower than the rate of pay he was receiving in the higher class, the employee shall receive the top step of the pay range of the position to which he has been demoted. An employee so demoted shall not have their VCHRP merit increase hours needed reset.

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ permanent employee shall be contingent upon good behavior. Any such employee may be dismissed, demoted, suspended, reduced in pay, or demoted and suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources Director and VCPPOAVCSCOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCSCOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA VCSCOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources Director and VCPPOAVCSCOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, Ventura County Ordinance Code, causes for disciplinary action are as follows: fraud in securing appointment, incompetency, inefficiency, inexcusable neglect of duty, physical or mental disability, insubordination, dishonesty, drunkenness on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.‌‌‌

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 2901 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 2902 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 501. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 501 representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his their right to request that VCPPOA Local 501 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOALocal 501. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 2903 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, County Ordinance Code, causes for disciplinary action are as follows: fraud in securing appointment, incompetency, inefficiency, inexcusable neglect of duty, physical or mental disability, insubordination, dishonesty, drunkenness on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINARY ARBITRATION. Sec1. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts If a disciplinary grievance is not settled or omissions occurring after January 1otherwise resolved, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective dateit may be appealed to independent arbitration. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice appeal must be filed with the Director- Human Resources and VCPPOAGovernor's Office of Employee Relations, Disciplinary Panel Administration, 00 Xxx Xxxxxx, Xxxx 000X, Xxxxxx, XX 00000, ATTN: Panel Administrator by certified mail, return receipt requested, on a disciplinary grievance form, with a copy to the appointing authority, within 14 calendar days of service of the department or agency response. If there is no department or agency response received within ten (10) calendar days after the agency meeting, the appeal to arbitration must be filed within 24 calendar days of such meeting. B. Within 2. The disciplinary arbitrator shall hold a hearing within 14 calendar days after his/her selection. A decision shall be rendered within seven (7) calendar days from of the close of the hearing or within seven (7) calendar days after receipt of the Notice transcript, if either party elects a transcript as provided in paragraph eight (8), or within such other period of Proposed Disciplinary Action, unless additional time is otherwise specified as may have been mutually agreed to by the appointing agency and the grievant or his or her representative. 3. Disciplinary arbitrators shall render determinations of guilt or innocence and the appropriateness of proposed penalties, and shall have the authority or his/her designee in said Notice to resolve a claimed failure to follow the procedural provisions of Proposed this Article. Disciplinary Actionarbitrators shall neither add to, subtract from nor modify the employee may respond to the proposed action. Such response may be presented orally or in writingprovisions of this Agreement. 4. The employee has a right disciplinary arbitrator's decision with respect to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" aboveguilt or innocence, the appointing authority shall review the employee's responsepenalty, probable cause for suspension, or temporary reassignment, if any, and make a determination whether claimed failure to cancelfollow the procedural provisions of this Article, amend, or sustain shall be final and binding on the proposed actionparties. If the arbitrator, upon review, finds probable cause for suspension without pay, he or she may consider such suspension in determining the penalty to be imposed. Upon a finding of guilt the disciplinary arbitrator has full authority, if he or she finds the penalty or penalties proposed by the State to be inappropriate, to devise an appropriate penalty including, but not limited to, ordering reinstatement and back pay for all or part of any period of suspension. 5. Where an employee is suspended without pay or temporarily reassigned pursuant to Section 33.4, and it appears that the hearing will extend beyond one day, the parties may jointly authorize the arbitrator to issue an interim decision and award solely with respect to the issue of whether there was probable cause for the suspension without pay or the temporary reassignment. 6. The State and DC-37 jointly agree to the creation of a panel of arbitrators to serve during the term of the 2003-2007 Agreement, to be jointly selected and administered by the State of New York and DC-37. The composition of the panel of arbitrators may be changed by the mutual agreement of the State and DC-37. 7. All fees and expenses of the arbitrator, if any, shall be divided equally between the appointing authority decides to amend and DC-37 or sustain the proposed actionemployee if not represented by DC-37. Each party shall bear the costs of preparing and presenting its own case. The estimated arbitrator's fees and estimated expenses may be collected in advance of the hearing. When such request for payment is made and not satisfied as required, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section grievance shall be considered deemed withdrawn. 8. Either party wishing a transcript at a disciplinary arbitration hearing may provide for one at its own expense and shall provide a copy to restrict the right of arbitrator and the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,other party without cost.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION ININ permanent employee shall be contingent upon good behavior. Any such employee may be dismissed, demoted, suspended, reduced in pay, or demoted and suspended for cause as specified in Section 3103 by the appointing authority in the following manner: A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources Director and VCPPOAVCSCOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCSCOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA VCSCOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources Director and VCPPOAVCSCOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, Ventura County Ordinance Code, causes for disciplinary action are as follows: fraud in securing appointment, incompetency, inefficiency, inexcusable neglect of duty, physical or mental disability, insubordination, dishonesty, drunkenness on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN. A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN. A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources Director and VCPPOAVCSCOA. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA VCSCOA representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA VCSCOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources Director and VCPPOAVCSCOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, AND

Appears in 1 contract

Samples: Memorandum of Agreement

DISCIPLINARY ARBITRATION. Sec. 3101 3201 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 3202 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Director-Human Resources and VCPPOALocal 998. B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA Local 998 representative if he so chooses. C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him him/her of his his/her right to request that VCPPOA Local 998 submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOALocal 998. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 3203 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,, County Ordinance Code, causes for disciplinary action are as follows: fraud in securing appointment, incompetency, inefficiency, inexcusable neglect of duty, physical or mental disability in accordance with Federal and State Law, insubordination, dishonesty, being under the influence of illegal drugs and/or alcohol while on duty, intemperance, addiction to the use of narcotics or habit forming drugs, inexcusable absence without leave, conviction of a felony or misdemeanor involving moral turpitude, immorality, discourteous treatment of the public or other employees, improper political activity in violation of Article 24 of the Ventura County Personnel Rules and Regulations or Sections 1351 and 1351.1 of the Ventura County Ordinance Code, willful disobedience, violation of any provision of Article IV of the Ventura County Ordinance Code, which among other things includes the corrupt use of official authority or influence, or any other failure of good behavior or acts which are incompatible with or inimical to the public service.

Appears in 1 contract

Samples: Memorandum of Agreement

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