Disciplinary Proceedings. Any disciplinary, peer review or professional review investigation, proceeding or action instituted by any licensure board, hospital, medical school, physical therapy school, health care facility or entity, professional society or association, third party payor, peer review or professional review committee or body, or governmental agency;
Disciplinary Proceedings. When any complaint or charge shall be brought against an employee or disciplinary proceedings are contemplated against an employee under such circumstances that the misconduct being investigated, if substantiated, would constitute a crime under State or Federal Law, no statement shall be taken from the Officer nor shall he/she be interrogated, except in accordance with the following procedure: The officer shall first be advised of the charge or charges against him/her, either by the Chief of Police or by a Command Officer of the Department. The officer shall be advised of his/her right against self-incrimination and of his/her right to legal counsel. Legal counsel may appear with the officer in any subsequent proceedings if the officer so desires. All employees shall have the right to be present and be represented by the Association President or member of the committee, and/or an Attorney at all disciplinary conferences or procedures. Notification within a reasonable time shall be given to the Association of any disciplinary action taken against any employee, which may result in an official entry being added to his personal work file. The officer and his/her counsel, if any, shall be entitled to a written statement of the charges against the officer which are being investigated upon demand for same, provided the time is reasonable. Any such statement of charges may be amended or amplified subsequently, and any disciplinary action which may be taken shall in no way be limited to matters set forth in any statement, or amended or amplified statement of charges. The officer may then be ordered to make a statement concerning the charges against him/her, and to submit to interrogation. The Officer may decline to do so, but any such refusal shall constitute grounds for disciplinary action. If the officer chooses to make a statement and submit to interrogation, any such statement and any answers resulting from interrogation may be used as the basis for disciplinary action, and may also be used in any proceedings before the Civil Service Board or Arbitration in the event of appeal, of such disciplinary action. For any and all other purposes, any such statement or answers to interrogation shall be privilege and shall constitute a private record and shall not be made available without the signed consent of the officer to any person or agency, except pursuant to subpoena issued by any authority. Any and all of the rights and privileges conferred herein upon members of...
Disciplinary Proceedings. Any member charged with a violation of department rules and regulations, incompetence, misconduct, negligence, insubordination, disloyalty or other serious disciplinary infraction may request a hearing provided such request is made in writing and delivered to the department head no later than five (5) days after the member is advised of the charge against him. No member shall be dismissed without first given notice and an opportunity for a hearing whether he requested it or not. In the case of a member who has been suspended, the hearing shall, if requested by the member, be held no more than five (5) days after the date when the suspension began. The member shall be informed of the exact nature of the charge and shall be given reasonable notice of the hearing date and time to allow him an opportunity to consult legal counsel, conduct an investigation, and prepare a defense which time shall not exceed five (5) business days. The stewards and the employee shall have the right to review before any disciplinary action any video surveillance footage that it to be utilized as part of any disciplinary action. The hearing, which shall be before the department head, or in his absence or incapacity the acting department head, shall be informal in nature. The member may be accompanied and represented by legal counsel or a representative of the Union or Xxxxxxx. The members shall have the right to confer with his representative at any time during the hearing and shall have the right to have his representative speak on his behalf. Any disciplinary action taken against a member shall be subject to the grievance procedure.
Disciplinary Proceedings. (a) The Board is authorized to establish procedures relating to disciplinary proceedings involving Exchange Members and their associated persons.
(b) The Board is authorized to impose appropriate sanctions applicable to Exchange Members, including censure, fine, suspension, or expulsion from membership, suspension or bar from being associated with all Exchange Members, limitation of activities, functions, and operations of an Exchange Member, or any other fitting sanction, and to impose appropriate sanctions applicable to persons associated with Exchange Members, including censure, fine, suspension, or barring a person associated with an Exchange Member from being associated with all Exchange Members, limitation of activities, functions, and operations of a person associated with an Exchange Member, or any other fitting sanction, for:
(i) a breach by an Exchange Member or a person associated with an Exchange Member of any covenant with the Company or any Company Member;
(ii) violation by an Exchange Member or a person associated with an Exchange Member of any of the terms, conditions, covenants, and provisions of this Agreement, the Rules, or the federal securities laws, including the rules and regulations adopted thereunder;
(iii) failure by an Exchange Member or a person associated with an Exchange Member to: (A) submit a dispute for arbitration as may be required by the Exchange Rules; (B) appear or produce any document in the Exchange Member’s or person’s possession or control as directed pursuant to the Exchange Rules; (C) comply with an award of arbitrators properly rendered, where a timely motion to vacate or modify such award has not been made pursuant to applicable law or where such a motion has been denied; or (D) comply with a written and executed settlement agreement obtained in connection with an arbitration or mediation submitted for disposition; or
(iv) failure by an Exchange Member or a person associated with an Exchange Member to adhere to any ruling, order, direction, or decision of, or to pay any sanction, fine, or costs imposed by, the Board or any entity to which the Board has delegated its powers.
Disciplinary Proceedings. If any breach of the Membership Obligations or any other obligations to the Licensor or to any third party has been committed or is likely to be committed by the Licensee:
(a) the CEO or a nominee of the CEO may, acting reasonably, issue a formal warning; and/or
(b) any two Directors may, acting reasonably, refer the breach to the Board for resolution, whereby a majority of the Board (with no more than two Directors in opposition) may modify or suspend any rights conferred under this Agreement and/or under the Constitution or terminate this Agreement or the Licensee’s condition as Operational Member of the Licensor, at a meeting of the Board scheduled for after the later of:
(i) 14 calendar days from the relevant breach; and
(ii) 10 calendar days after the Licensee has received written notice of the relevant breach.
(c) Modifications or suspensions of rights are to continue until the earlier of:
(i) three months after the Disciplinary Proceedings; or
(ii) the satisfaction of any conditions imposed by the Board acting in accordance with the above.
(d) No Director who was or is a member of the Licensee or who may be reasonably apprehended to be biased may vote on the matter. Where so many of the Directors are excluded such that the Board cannot form an absolute majority an arbitrator must be appointed within 7 calendar days to hear the dispute. The arbitrator must be agreed upon by the parties to this Agreement.
Disciplinary Proceedings. In the event that disciplinary action is instituted against any Employee, the following shall apply:
Disciplinary Proceedings. The City shall not discipline a member of Local 141 without just cause as outlined 112 below.
Disciplinary Proceedings. 38.1. The City Manager, Department Head, or designee may take disciplinary action against an employee.
38.2. The considerations used in determining the type of disciplinary action shall be considered on a case-by-case basis. Such considerations shall include, but not be limited to: the employee’s work history and performance record; the nature and severity of the infraction; degree of orientation; and any extenuating factors.
38.3. The types of disciplinary action that may be taken shall include but not be limited to oral reprimands, written reprimands, demotions, suspensions, reductions in pay and dismissal from employment.
38.4. The City of Lodi practices a progressive disciplinary process. The process is subject, but not limited to the considerations listed in 38.2, and shall be implemented on a case-by-case basis. As a general guideline, the process of disciplinary action shall be in the following order:
X. Xxxxxx counseling or oral reprimand to determine the cause(s) or origin(s) for lacking performance, and to encourage the employee to raise/maintain performance at an acceptable level.
B. Written reprimand, which, if applicable, will include the performance level the employee is expected to achieve/maintain.
C. Demotion, suspension, reduction in pay, and dismissal may be used separately, concurrently, or in succession to other disciplinary actions.
38.5. A written notice shall be given to the employee of the following:
A. The reasons for the disciplinary action including what rules, regulations or policies have been violated;
B. The effective date(s) of the disciplinary action; and
C. Any rights of appeal.
38.6. The following may be causes for disciplinary action. The purpose of specifying these causes is to alert employees to the more common types of disciplinary issues. However, this list is not all inclusive and other instances of unacceptable behavior may arise that are to be included in this list.
A. Improper or unauthorized use or abuse of sick leave.
B. Inability to maintain regular and consistent attendance, which prevents reasonable availability for assigned duties.
X. Xxxxxxx without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of any City rule or policy.
Disciplinary Proceedings. 39.1 When any complaint or charge shall be brought against any employee or disciplinary proceedings are contemplated against an employee under such circumstances that the misconduct being investigated, if substantiated, would constitute a crime under State or Federal law, no statement shall be taken from the officer nor shall be interrogated, except in accordance with the following procedures:
Disciplinary Proceedings.
A. The procedure for disciplinary action shall include notice, in writing, to the employee with a copy placed in the employee’s personnel file which includes a statement of the reason(s) for the discipline.
B. Employees shall have the opportunity to present written statements as to their position and opinion regarding disciplinary proceedings, which shall become part of the disciplinary file.
C. In the event of a written reprimand, the personnel record of the employee will be cleared of any written evidence of such discipline after one (1) year from the date of the discipline, provided there be no written reprimands, suspensions, demotions or other disciplinary actions during the one (1) year period. In the event of a suspension or demotion, the personnel record of the employee may be cleared only at the discretion of the Police Chief of any written evidence of such discipline after three (3) years from the date of suspension or demotion, provided there are no written reprimands, suspensions, demotions, or other disciplinary actions during the three (3) year period.
