Disciplinary Procedures. Suspension without Pay and Dismissal. When disciplinary action in the form of suspension without pay or dismissal is proposed, a permanent employee shall be provided the procedural safeguards described below. These procedures include providing the employee with a “Predetermination Notice” (paragraph 5.03A), an opportunity for a “Predetermination Conference” (paragraph 5.03B), and a “Notice of Final Action” (paragraph 5.03C). A. Predetermination Notice: Form and Delivery. 1. The employee shall be provided a written “Predetermination Notice” of the proposed action by personal delivery or certified mail, return-receipt requested, at least ten days prior to the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-determination hearing described in Section 5.04 below. 2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents: a. The disciplinary action proposed and its effective date. b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based. c. A statement advising the employee that s/he may, within five (5) days of receipt of the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five (5) days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed disciplinary action shall be become effective as proposed in the notice. d. The notice shall give the name and address of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours. e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response. f. A statement advising the employee of his/her right to representation at the predetermination conference. B. Predetermination Conference. 1. The conference shall be conducted by the Superintendent’s designee who shall have unfettered authority to find in favor of the employee. 2. The conference shall be set on at least five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner. 3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herself, the employee and all other participants, and explain that the purpose of the conference is to hear all sides of the charges so as to protect the employee from erroneous or arbitrary adverse action. 4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her. 5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision. 6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper. 7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.
Appears in 4 contracts
Samples: Collective Bargaining Contract, Collective Bargaining Contract, Collective Bargaining Contract
Disciplinary Procedures. Suspension without Pay and Dismissal. When disciplinary action in the form of suspension without pay or dismissal is proposed, a permanent employee shall be provided the procedural safeguards described below. These procedures include providing the employee with a “Predetermination Notice” (paragraph 5.03A), an opportunity for a “Predetermination Conference” (paragraph 5.03B), and a “Notice of Final Action” (paragraph 5.03C).
A. Predetermination Notice: Form and Delivery.
1. The employee shall be provided a written “Predetermination Notice” of the proposed action by personal delivery or certified mail, return-receipt requested, at least ten days prior to the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-determination hearing described in Section 5.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) days of receipt of the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five (5) days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed 16.3.1 No disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address of the person with whom the request taken for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held any cause which arose prior to the proposed effective employee’s becoming permanent, nor for any cause which arose more than two (2) years preceding the date of the action, at a time and place determined filing of the notice of cause unless such was concealed or not disclosed by such employee when it could be reasonably assumed that the Superintendent’s designee, normally during regular business hoursemployee should have disclosed the facts to the District.
e. A statement that the 16.3.2 The Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the or designee may initiate a disciplinary action as defined herein against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1. The conference shall be conducted by the Superintendent’s designee who shall have unfettered authority to find in favor of the a permanent classified employee.
2. The conference shall 16.3.3 Except in cases of emergency where the employee must be set on removed from the premises immediately, at least five (5) calendar days prior to the effective date of any disciplinary action involving suspension with or without pay for more than five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and , demotion, reduction in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herselfpay step in class, or dismissal, the employee and all other participantsSuperintendent or designee, and explain that the purpose of the conference is to hear all sides of the charges so as to protect shall give the employee from erroneous or arbitrary adverse action.
4. The conference shall be informal. The purpose shall be to discuss the basis written notice of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action. The notice shall include the causes of the proposed action, a copy of the materials upon which the proposed action is based, and the right to respond either orally or in writing prior to the proposed disciplinary action. Any response made by the employee shall be considered by the Superintendent prior to initiating any disciplinary action. In the event of emergency circumstances that require removal of the employee from the work site immediately, such notice and right to respond shall be provided to the employee at the earliest reasonable time after his/her removal from the premises.
16.3.4 If the Superintendent or designee initiates a disciplinary action, he/she shall serve a written notice of disciplinary action upon the employee either personally or by registered or certified mail, return receipt requested, by the employee’s last known address. The notice shall include:
a. A statement of the nature of the disciplinary action (suspension with or without pay demotion, reduction of pay step in class, or dismissal);
b. A statement of the cause therefore as set forth in 16.2, as before mentioned.
c. A statement of the specific acts or omissions upon which the causes are based. If the cause stated in 16.2 is alleged, the rule, regulation, or law violated shall be set forth in the recommendation;
d. A statement of the employee’s right to appeal to the Board of Trustees the disciplinary action and have the manner and time within which his/her appeal must be filed, which shall be no sooner than five (5) business days; and
e. A card or paper, the signing and filing of which shall constitute a demand for hearing before the Board of Trustees and a denial of all charges.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedures. Suspension without Pay A. Purpose The Board and DismissalAssociation agree that no employee will be disciplined except for just cause. When The parties further agree that any disciplinary action should be administered with the intention of improving the employee’s performance and that circumstances will arise where traditional forms of disciplinary action, such as reprimand or suspension, are not the most effective or appropriate means for improving an employee’s performance or correcting an employee’s behavior. In such cases, other forms of corrective action, including, but not limited to, non-disciplinary counseling, in-service training, community service or sensitivity training may be appropriate. Where appropriate, such non- traditional measures will be considered by the Superintendent and Association representatives at the time the charges are presented and before traditional discipline is issued. If the parties agree that non-disciplinary corrective measures are appropriate, such action will not be subject to the grievance procedure. Whenever possible, a disciplinary problem shall initially be resolved between the employee and his/her immediate supervisor, and, in appropriate instances, confidential intervention by the form of suspension without Association or co-workers will be used to correct behavior that could lead to disciplinary action.
B. All disciplinary actions and/or verbal reprimands affecting bargaining unit members shall be administered in private. This language is not intended to have application to constructive criticism, instructions, or direction given to employees by their supervisors.
C. 1. Prior to any disciplinary action involving a suspension, reduction in pay or dismissal is proposedposition, a permanent or removal, the affected employee shall be provided granted a hearing before the procedural safeguards described belowSuperintendent. These procedures include providing At such hearing, the employee will be presented with a “Predetermination Notice” (paragraph 5.03A), the factual basis of the charges and given an opportunity for a “Predetermination Conference” (paragraph 5.03B)to respond. If the Board intends to utilize documents to support the intended disciplinary action, and a “Notice of Final Action” (paragraph 5.03C).
A. Predetermination Notice: Form and Delivery.
1. The employee such documents shall be provided a written “Predetermination Notice” of made available to the proposed action by personal delivery or certified mail, return-receipt requested, employee at least ten days forty-eight (48) hours prior to the date that the action is to be takenhearing. An employee may be suspended temporarily with payNotice of such hearing, however, without such prior notice, until a decision is rendered and effective in the post-determination hearing described in Section 5.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and which shall include the following contents:
a. The disciplinary action proposed charges and its effective date.
b. The specific charges or reasons for the actionpotential discipline, including identification of any documents and witnesses on which the charges are then known to shall be based.
c. A statement advising the employee that s/he maygiven, within five (5) days of receipt of the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or bothwriting, to the Superintendent’s designee to refute or explain affected member and the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five Association President at least forty-eight (548) days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held hours prior to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1hearing. The conference Such notice shall be conducted by the Superintendent’s designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on at least five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at designate the time and place set and shall identify him/herself, the employee and all other participants, and explain that the purpose of the conference is to hear all sides of the charges so as to protect the employee from erroneous or arbitrary adverse action.
4hearing. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote Board agrees that an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee Association representative(s) shall be permitted to submit relevant information personally attend any disciplinary interview, meeting, or hearing contemplated by this Article and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee Administration shall inform the employee when s/he will decide whether to uphold the proposed disciplinary actionof this right.
Appears in 2 contracts
Samples: Contract Agreement, Contract Agreement
Disciplinary Procedures. Suspension without Pay and Dismissal. When A. The Board shall not take any disciplinary action in the form of suspension against an employee without pay or dismissal is proposed, a permanent just cause.
B. An employee shall be provided entitled to representation at any conference held for the procedural safeguards described below. These procedures include providing purpose of disciplining the employee with a “Predetermination Notice” (paragraph 5.03A), an opportunity for a “Predetermination Conference” (paragraph 5.03B), and a “Notice of Final Action” (paragraph 5.03C)employee.
A. Predetermination Notice: Form and Delivery.
1C. The preliminary disciplinary hearing shall occur within ten (10) work days of the incident/behavior occurring or the administration (i.e., immediate supervisor) learning of the incident, whichever is later. The employee shall be provided immediate supervisor will issue his/her discipline within ten (10) work days of holding the disciplinary hearing. If the immediate supervisor determines that the misconduct warrants more than a written “Predetermination Notice” of reprimand, he/she will refer the proposed action by personal delivery or certified mail, return-receipt requested, at least ten days prior to the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-determination hearing described in Section 5.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) days of receipt of the notice, submit a request matter in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting /designee, with a conference within five (5) days constitutes a waiver summary of his/her rights to such conference investigation and that in the absence of information learned at the preliminary disciplinary hearing. The immediate supervisor will send a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address copy of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior referral to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging the Association President. The Superintendent/designee shall hold a Xxxxxxxxxx hearing within ten (10) work days of the receiving the referral from the immediate supervisor. The Superintendent/designee will make a determination of the discipline to be imposed
D. Verbal warnings may be documented in an employee’s reputation personnel file by untrue or erroneous chargesmemorializing the date/time, location and thereforegeneral description of the misconduct (which normally will not exceed a few sentences), along with the Superintendent and direction provided by the Board are sincerely interested in receiving and considering the employee’s responseimmediate supervisor.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1. The conference shall be conducted by E. When the Superintendent’s /designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on at least five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herselfimposes any discipline, the employee and all other participants, and explain that the purpose may file a grievance immediately at Level Three of the conference is grievance procedure.
F. A verbal warning may only be grieved through Level Three (Formal Hearing with Superintendent/designee). A written reprimand may be grieved through Level Five (Arbitration), but the losing party has to hear pay all sides of the charges so as to protect the employee from erroneous or arbitrary adverse actionarbitrator’s fees.
4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.*
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedures. Suspension without Pay and Dismissal. When disciplinary action in the form of suspension without pay or dismissal is proposed, a permanent employee shall be provided the procedural safeguards described below. These procedures include providing the employee with a “Predetermination Notice” (paragraph 5.03A), an opportunity for a “Predetermination Conference” (paragraph 5.03B), and a “Notice of Final Action” (paragraph 5.03C).
A. Predetermination Notice: Form and Delivery.
1. The employee shall be provided a written “Predetermination Notice” of the proposed action by personal delivery or certified mail, return-receipt requested, at least ten days prior to the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-determination hearing described in Section 5.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) days of receipt of the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five (5) days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1. The conference shall be conducted by the Superintendent’s designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on at least five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herself, the employee and all other participants, and explain that the purpose of the conference is to hear all sides of the charges so as to protect the employee from erroneous or arbitrary adverse action.
4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Contract
Disciplinary Procedures. Suspension without Pay and Dismissal. When disciplinary action in the form of suspension without pay or dismissal is proposed, a permanent employee shall be provided the procedural safeguards described below. These procedures include providing the employee with a “Predetermination Notice” (paragraph 5.03A4.03 A), an opportunity for a “Predetermination Conference” (paragraph 5.03B4.03 B), and a “Notice of Final Action” (paragraph 5.03C4.03 C).
A. Predetermination Notice: Form and Delivery.
1. The employee shall be provided a written “Predetermination Notice” of the proposed action by personal delivery or certified mail, return-receipt requested, at least ten 15 days prior to before the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-determination postdetermination hearing described in Section 5.04 4.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date. The effective date shall be at least 15 days after the date of the Predetermination Notice.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) four days of receipt of after the employee receives the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five (5) four days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1. The conference shall be conducted by the Superintendent’s designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on scheduled at least five (5) days’ notice three days after the employee is notified and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herself, the employee and all other participants, and explain that the purpose of the conference is to hear all sides of the charges so as to protect the employee from erroneous or arbitrary adverse action.
4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Contract
Disciplinary Procedures. Suspension without Pay and Dismissal. When disciplinary action in the form of suspension without pay or dismissal is proposed, a permanent employee shall be provided the procedural safeguards described below. These procedures include providing the employee with a “Predetermination Notice” (paragraph 5.03A4.03 A), an opportunity for a “Predetermination Conference” (paragraph 5.03B4.03 B), and a “Notice of Final Action” (paragraph 5.03C4.03 C).
A. Predetermination Notice: Form and Delivery.
1. The employee shall be provided a written “Predetermination Notice” of the proposed action by personal delivery or certified mail, return-return- receipt requested, at least ten 15 days prior to before the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-post determination hearing described in Section 5.04 4.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date. The effective date shall be at least 15 days after the date of the Predetermination Notice.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) four days of receipt of after the employee receives the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five (5) four days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1. The conference shall be conducted by the Superintendent’s designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on scheduled at least five (5) days’ notice three days after the employee is notified and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herself, the employee and all other participants, and explain that the purpose of the conference is to hear all sides of the charges so as to protect the employee from erroneous or arbitrary adverse action.
4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, may therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Contract
Disciplinary Procedures. Suspension The District and the Association support the concept of a progressive discipline process. Therefore a unit member shall not incur discipline (defined herein as termination, demotion, and/or unpaid suspension) without Pay cause (as defined by Administrative Regulation 4218 which is made part of this Agreement as an Appendix) and Dismissaldue process. When disciplinary action in The District will administer the form following progressive discipline steps for employee discipline unless California law provides otherwise or if the conduct of suspension without pay the employee involves a serious breach of professional conduct. Written copies will be provided to employee and the Chief Human Resources Officer will be contacted prior to any discipline being administers: Step 1: ● Written Summation of verbal/conference with employees ● Does not go into the personnel file Step 2: ● Formal written letter of Summation of incident, gives directives to correct behavior ● Does not go into personnel file Step 3: ● Written letter of warning/concern with specific directives to correct behavior ● Copy does go into personnel file Step 4: ● Formal written letter of reprimand with specific directives ● Copy goes into personnel file Step 5: ● Initiated by Chief Human Resources Officer ● Unpaid Suspension, Demotion or dismissal is proposedTermination
A. Dismissal or other discipline of permanent classified employees, a permanent employee other than oral or written reprimand, shall be provided the procedural safeguards described below. These procedures include providing instituted by serving upon the employee with personally or by certified mail a “Predetermination Notice” (paragraph 5.03A)written notice of the specific charges, an opportunity for a “Predetermination Conference” (paragraph 5.03B)causes, proposed discipline, and a “Notice of Final Action” (paragraph 5.03C).
A. Predetermination Notice: Form and Delivery.
1. The employee shall be provided a written “Predetermination Notice” of the proposed action by personal delivery or certified mail, return-receipt requested, at least ten days prior to the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-determination hearing described in Section 5.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) days of receipt of the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five (5) days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response.
f. A statement advising the employee of his/her right to representation at an evidentiary hearing before the predetermination conferenceGoverning Board and notice that he/she may request a hearing before the Board by delivering a written request (a form for which shall accompany the notice of charges) to the office of the Superintendent not later than five calendar days after receipt of the statement of charges. Certified mail refused or designated undeliverable by the U.S. Postal Service sent to the last recorded address provided by the employee shall be considered served as if the employee had signed and accepted service.
B. Predetermination Conference.
1. The conference shall be conducted by Prior to discipline being recommended to the Superintendent’s designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on at least five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herselfBoard, the employee shall be offered an opportunity to respond to the written charges either verbally or in writing (their choice) at a pre-disciplinary hearing conducted by a District administrator who is not within the employee’s chain of command. The District designee shall review the charges brought by the District as well as the response and all other participantsinformation provided by the employee prior to rendering a recommendation to the District Superintendent on those charges.
C. If an evidentiary hearing is held by the Governing Board, the District shall have the burden of proving cause for discipline. The decision of the Board at such hearing shall be final and binding on the parties, and explain that shall be provided to the purpose employee in writing within ten (10) work days of the conference is to hear all sides of the charges so as to protect the employee from erroneous or arbitrary adverse actionhearing.
4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedures. Suspension without Pay and Dismissal. When A. The Board shall not take any disciplinary action in the form of suspension against an employee without pay or dismissal is proposed, a permanent just cause.
B. An employee shall be provided entitled to representation at any conference held for the procedural safeguards described below. These procedures include providing purpose of disciplining the employee with a “Predetermination Notice” (paragraph 5.03A), an opportunity for a “Predetermination Conference” (paragraph 5.03B), and a “Notice of Final Action” (paragraph 5.03C)employee.
A. Predetermination Notice: Form and Delivery.
1C. The preliminary disciplinary hearing shall occur within ten (10) work days of the incident/behavior occurring or the administration (i.e., immediate supervisor) learning of the incident, whichever is later. The employee shall be provided immediate supervisor will issue his/her discipline within ten (10) work days of holding the disciplinary hearing. If the immediate supervisor determines that the misconduct warrants more than a written “Predetermination Notice” of reprimand, he/she will refer the proposed action by personal delivery or certified mail, return-receipt requested, at least ten days prior to the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-determination hearing described in Section 5.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) days of receipt of the notice, submit a request matter in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting /designee, with a conference within five (5) days constitutes a waiver summary of his/her rights to such conference investigation and that in the absence of information learned at the preliminary disciplinary hearing. The immediate supervisor will send a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address copy of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior referral to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging the Association President. The Superintendent/designee shall hold a Xxxxxxxxxx hearing within ten (10) work days of the receiving the referral from the immediate supervisor. The Superintendent/designee will make a determination of the discipline to be imposed
X. Xxxxxx warnings may be documented in an employee’s reputation personnel file by untrue or erroneous chargesmemorializing the date/time, location and thereforegeneral description of the misconduct (which normally will not exceed a few sentences), along with the Superintendent and direction provided by the Board are sincerely interested in receiving and considering the employee’s responseimmediate supervisor.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1. The conference shall be conducted by E. When the Superintendent’s /designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on at least five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herselfimposes any discipline, the employee and all other participants, and explain that the purpose may file a grievance immediately at Level Three of the conference is grievance procedure.
F. A verbal warning may only be grieved through Level Three (Formal Hearing with Superintendent/designee). A written reprimand may be grieved through Level Five (Arbitration), but the losing party has to hear pay all sides of the charges so as to protect the employee from erroneous or arbitrary adverse actionarbitrator’s fees.
4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.*
Appears in 1 contract
Samples: Master Agreement
Disciplinary Procedures. Suspension without Pay and Dismissal. When disciplinary action in the form of suspension without pay or dismissal is proposed, a permanent employee shall be provided the procedural safeguards described below. These procedures include providing the employee with a “Predetermination Notice” (paragraph 5.03A4.03 A), an opportunity for a “Predetermination Conference” (paragraph 5.03B4.03 B), and a “Notice of Final Action” (paragraph 5.03C4.03 C).
A. Predetermination Notice: Form and Delivery.
1. The employee shall be provided a written “Predetermination Notice” of the proposed action by personal delivery or certified mail, return-return- receipt requested, at least ten 15 days prior to before the date that the action is to be taken. An employee may be suspended temporarily with pay, however, without such prior notice, until a decision is rendered and effective in the post-post determination hearing described in Section 5.04 4.04 below.
2. The “Predetermination Notice” shall be signed by the site administrator/supervisor who is authorized by the Superintendent to discipline employees and shall include the following contents:
a. The disciplinary action proposed and its effective date. The effective date shall be at least 15 days after the date of the Predetermination Notice.
b. The specific charges or reasons for the action, including identification of any documents and witnesses on which the charges are then known to be based.
c. A statement advising the employee that s/he may, within five (5) four days of receipt of after the employee receives the notice, submit a request in writing on a form enclosed with the notice for a predetermination conference in order to make an oral or written statement, or both, to the Superintendent’s designee to refute or explain the charges made against the employee. The notice shall state that failure of the employee to submit the written form requesting a conference within five (5) four days constitutes a waiver of his/her rights to such conference and that in the absence of a response, the proposed disciplinary action shall be become effective as proposed in the notice.
d. The notice shall give the name and address of the person with whom the request for a predetermination conference shall be filed. The notice shall advise the employee that the conference will be held prior to the proposed effective date of the action, at a time and place determined by the Superintendent’s designee, normally during regular business hours.
e. A statement that the Superintendent and the Board are sincere in their desire to reduce the risk of error in taking the disciplinary action against the employee and to avoid wrongful damaging of the employee’s reputation by untrue or erroneous charges, and therefore, the Superintendent and the Board are sincerely interested in receiving and considering the employee’s response.
f. A statement advising the employee of his/her right to representation at the predetermination conference.
B. Predetermination Conference.
1. The conference shall be conducted by the Superintendent’s designee who shall have unfettered authority to find in favor of the employee.
2. The conference shall be set on at least five (5) days’ notice and reasonable accommodation shall be made to ensure it is conducted at a reasonable time and in a reasonable manner.
3. The person conducting the conference shall convene the conference at the time and place set and shall identify him/herself, the employee and all other participants, and explain that the purpose of the conference is to hear all sides of the charges so as to protect the employee from erroneous or arbitrary adverse action.
4. The conference shall be informal. The purpose shall be to discuss the basis of the proposed action and to reach a fair decision. The Rules of Evidence shall not apply. The employee may bring a qualified representative to assist or advise him/her.
5. In order to promote an atmosphere conducive to free and open discussion of the charges and proposed disciplinary action, the parties may not cross-examine unwilling persons - managers or employees. The Superintendent’s designee is responsible, however, for gathering information relevant to his/her decision and may, therefore, question anyone present in order to gather such information. In this regard, the Superintendent’s designee shall ask questions of a party or witness, as requested by either party, in an area that is relevant to the decision.
6. The employee shall be permitted to submit relevant information personally and by witness, orally and in writing, with the privilege being reserved by the Superintendent’s designee to give that information such weight as s/he deems proper.
7. At the conclusion of the conference, the Superintendent’s designee shall inform the employee when s/he will decide whether to uphold the proposed disciplinary action.be
Appears in 1 contract
Samples: Collective Bargaining Contract