Disciplinary Procedure for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal. 1. Pre-Action Due Process for Disciplinary Transfer, Step Reduction, Suspension, Demotion and Dismissal Prior to being subject to disciplinary transfer, step reduction, suspension, demotion or dismissal, an employee will first be served with a notice of intent to discipline. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence to which the employee is entitled by law. The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she must insure his/her response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the oral response (in accordance with Xxxxxx vs. the State Personnel Board) will take place. At the Xxxxxx response (assuming the employee wants to respond orally), the employee has the right to be represented per Government Code section 3303(i). The Xxxxxx response is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline. The City representative who will hear the response (Xxxxxx Officer) may or may not be the person who issued the notice of intent to discipline. If the Xxxxxx officer is not the person who recommended the discipline, he/she will be at or above the rank of the individual issuing the discipline. The Xxxxxx Officer’s decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by th...
