Common use of Disciplinary Proceedings Clause in Contracts

Disciplinary Proceedings. A. The Parties hereto agree that all aspects of disciplinary proceedings shall be conducted only in accordance with the procedures contained in this Article. B. No Employee shall be discharged, demoted, or otherwise disciplined except for just cause. Disciplinary action may include oral reprimand, written reprimand, suspension, demotion and discharge. Although the Employer recognizes progressive discipline, nothing in this section shall prevent the Employer from appropriately disciplining an employee, should circumstances warrant, up to and including discharge. All disciplinary measures, including written reprimands through discharge, sought to be imposed upon Employees shall be based upon specific written charges which give reasonable notice to the Employee of the nature of the charged offenses and the facts relating thereto. A copy of such charges shall immediately be forwarded to the Association and the charged Employee. C. Except in situations requiring immediate action, no disciplinary measures shall be implemented until there has been a full and complete investigation of the matter, and the Employee has been furnished with a written statement of the charges and reasons, as outlined in Paragraph B. Employees shall have, upon request, an opportunity to discuss prospective disciplinary measures with the Sheriff, or his designated representative, in accordance with the provisions of Article 6, Employee's ▇▇▇▇ Of Rights. D. Any disciplinary action, including reprimands, taken by the Sheriff or his representative may be appealed by the Employee giving "Notice of Appeal" to the Sheriff with a copy to the County Human Resources Director within five (5) days (excluding weekends and holidays) from the date of service of the charges of the Employee (see "Notice of Appeal" contained in Paragraph E). E. The Employee has the right to appeal any disciplinary action taken by the Sheriff, or his representative, by proceeding either in accordance with Act 298 of the Public Acts of 1966, or by filing a grievance which is automatically processed at Step 3 of the Grievance Procedure. In the event that disciplinary action is appealed to the Grievance Procedure, and said grievance is not satisfactorily settled at Step 3 or 4, it may be appealed to Arbitration in accordance with Article 5, Grievance Procedure, Step 5. An Employee's decision to appeal a disciplinary action pursuant to the grievance procedure shall be made in lieu of his/her appeal rights under Act 298. Notice of the option chosen for appealing a disciplinary action shall be given in conjunction with the required "Notice of Appeal" (Paragraph D), on the following form: I, (Employee's Name) , hereby give notice that I am appealing the imposition of the (degree of action) disciplinary action taken against me on or about (date) by following the procedures of: (check one) or BY CHOOSING THE ABOVE INDICATED OPTION, I HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVE AND RELINQUISH WHATEVER RIGHTS I MAY POSSESS UNDER: (check one) or Received By: Employee's Name Dated: Address Witnessed By: FOR MACOMB COUNTY PROFESSIONAL DEPUTY SHERIFF'S ASSOCIATION F. In the event that there are Criminal charges in conjunction with disciplinary action taken against an Employee, an appeal of the disciplinary action shall not proceed if the Employee requests, with the "Notice of Appeal", that the appeal process be held in abeyance pending resolution of the underlying Criminal charges. G. In the event an Employee shall give notice of his/her intent to appeal any reprimand or disciplinary action taken at the initial stage of the proceedings, no penalty resulting from such proceeding shall be implemented until the Employee shall have exhausted his/her remedies in accordance with this Agreement, except where immediate action is required. If an Employee is suspended or dismissed from the Department, the Employer is obligated only to continue to pay said Employee's contractual insurance premiums until the suspension or dismissal is resolved through Arbitration or Court decision; provided, however, the Employer shall only pay Employee's contractual insurance premiums to the extent that said Employee has recoverable funds with the County (accumulated sick time, annual leave, holiday pay or retirement funds) and the Employee has given the County written permission to use those funds in this regard. Provided further, that during the period of said suspension, the Employee may utilize personal funds to sustain contractual insurance benefits through the County. H. Nothing in the foregoing sections shall be construed to prejudice, or understood to constitute a waiver of, an Employee's right to lost wages or benefits in the event said Employee is returned to active employment. I. In no event shall either the charges against an Employee or the disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. J. In the event that an Employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff, or his designated representative, it shall be final and binding upon all parties. K. In all cases of disciplinary proceedings, the Employee being investigated or questioned shall be entitled, upon request of said Employee, to Association representation by a duly elected or appointed Association Official and/or Association attorney. Nothing in the foregoing shall abridge the right of a Command Officer to counsel, advise, and/or instruct an Employee under his/her command in private, provided such is accomplished in a civil tone. L. Before any reprimand is placed in an Employee's file, it shall be explained by the Supervisor to the Employee and receipt of a copy thereof shall be acknowledged by the Employee on the file copies. M. Records of disciplinary actions shall remain in the employee's personnel file for a period of two (2) years, unless, prior to the end of said two (2) year period, the employee is disciplined for a similar incident. In such case, the records of both disciplinary actions shall be maintained in the employee's personnel file for an additional two (2) years, or a total of four (4) years for each incident based upon the date of occurrence.

Disciplinary Proceedings. A. The Parties hereto agree that all aspects of disciplinary proceedings shall be conducted only in accordance with the procedures contained in this Article. B. No Employee Employees shall be discharged, demoted, disciplined only on the basis of a breach or otherwise disciplined except for just cause. Disciplinary action may include oral reprimand, written reprimand, suspension, demotion violation of the specific rules and discharge. Although regulations of the Employer recognizes progressive discipline, nothing in this section shall prevent the Employer from appropriately disciplining an employee, should circumstances warrant, up to and including dischargeDepartment. All disciplinary measures, measures including written reprimands through discharge, discharge sought to be imposed upon Employees employees shall be based upon specific particular written charges which give reasonable notice to the Employee employee of the nature of the charged offenses offense and the facts relating thereto. A , a copy of such charges shall immediately be forwarded to the Association Union and the charged Employeeemployee. The Jail Administrator shall not be disciplined, demoted or discharged except for just cause. C. Except in situations requiring immediate action, no disciplinary measures shall be implemented until such time as there has been a full and complete investigation of the matter, matter and the Employee employee has been furnished with a written statement of the charges and reasons, as outlined in Paragraph B. Employees shall have, have upon requestrequest therefore, an opportunity to discuss prospective disciplinary measures with the Sheriff, Sheriff or his his/her designated representative, representative in accordance with the provisions of Article 6, Employee's ▇▇▇▇ Of Rights. D. Any disciplinary action, action including reprimands, reprimands taken by the Sheriff or his his/her representative may be appealed by the Employee employee giving "Notice of Appeal" to the Sheriff with a copy to the County Human Resources Director within five (5) days (excluding weekends and holidays) from the date of service of the charges of the Employee upon him/her (see "Notice of Appeal" contained in attached hereto as Paragraph EF). E. The Employee An employee has the right to appeal any disciplinary action taken by the Sheriff, Sheriff or his representative, his/her representative by proceeding either in accordance with Act 298 of the Public Acts of 1966, or by filing a grievance which is automatically processed at to Step 3 of the Grievance Proceduregrievance procedure. In the event that disciplinary action is appealed to through the Grievance Procedure, grievance procedure; and said grievance is not satisfactorily settled at Step 3 or 4, it may be appealed to Arbitration arbitration in accordance with Article 5, Grievance Procedure, Step 5. Paragraph H. F. An Employeeemployee's decision to appeal a disciplinary action pursuant to the contractual grievance procedure shall be made in lieu of his/her appeal rights under Act 298. Notice of the option chosen for appealing a disciplinary action shall be given in conjunction with the required "Notice of Appeal" (Paragraph D), on the following form: I, (Employeeemployee's Name) name), hereby give notice that I am appealing the imposition of the (degree of action) disciplinary action taken against me on or about (date) by following the procedures of: (check one) Grievance provisions of the Agreement covering Captains, Jail Administrator and Chief of Staff only, Macomb County Sheriff Department and Police Officers Labor Council, or Act 298 of the Michigan Public Acts of 1966. (If this box is checked, request for Hearing must be simultaneously made to the Macomb County Sheriff's Department Civil Service Commission). BY CHOOSING THE ABOVE INDICATED OPTION, I HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVE AND RELINQUISH WHATEVER RIGHTS I MAY POSSESS UNDER: (check one) Grievance procedure as provided in the Agreement covering Captains, Jail Administrator and Chief of Staff only, Macomb County Sheriff Department and Police Officers Labor Council, or Act 298 of the Michigan Public Acts of 1966. Received Byby: Employee's Name Dated: Address Witnessed By: FOR MACOMB COUNTY PROFESSIONAL DEPUTY SHERIFF'S ASSOCIATIONPOLICE OFFICERS LABOR COUNCIL F. G. In the event that there are Criminal criminal charges in conjunction with disciplinary action taken against an Employeeemployee, an appeal of the disciplinary action shall not proceed proceed, if the Employee requests, employee requests with the "Notice of Appeal", " that the appeal process be held in abeyance pending resolution of the underlying Criminal chargescriminal charge. G. H. In the event an Employee employee shall give notice of his/her intent to appeal any reprimand or disciplinary action taken at the initial stage state of the proceedings, no penalty resulting from such proceeding shall be implemented until the Employee employee shall have exhausted his/her remedies in accordance with this Agreement, contract except where when immediate action is required. If an Employee employee is suspended or dismissed from the Department, the Employer is obligated only to continue to pay said Employeeemployee's contractual insurance premiums until the suspension or dismissal is resolved through Arbitration arbitration or Court court decision; provided, provided however, the Employer shall only pay Employeesaid employee's contractual insurance premiums to the extent that said Employee employee has recoverable funds with the County (accumulated sick time, annual leaveleave or holiday pay, holiday pay or retirement funds) and the Employee employee has given the County written permission to use those funds in this regard. Provided further, that during the period of said suspension, suspension the Employee employee may utilize personal funds to sustain contractual insurance benefits through the County. H. I. Nothing in the foregoing sections shall be construed to prejudice, prejudice or understood to constitute a waiver of, of an Employeeemployee's right to lost wages or benefits in the event said Employee employee is returned to active employment. I. J. In no event shall either the charges against an Employee employee or the disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. J. K. In the event that an Employee employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff, Sheriff or his his/her designated representative, it shall be final and binding upon all parties. K. L. In all cases of disciplinary proceedings, the Employee employee being investigated or questioned shall be entitledquestioned, upon request of said Employeemay, to Association representation by if he/she so desires, have a duly elected or appointed Association Official Union representative and/or Association attorneyattorney present during such investigation as an advisor. Nothing in the foregoing shall abridge the right of a Command Officer commanding officer to counsel, advise, and/or instruct advise or admonish an Employee officer under his/her command in privatecommand, provided such is accomplished in a civil tone, in private. L. M. Before any a reprimand is placed in an Employeeemployee's file, it shall be explained by the Supervisor to the Employee employee and receipt of a copy thereof shall be acknowledged by the Employee employee on the file copies. M. Records of disciplinary actions shall remain in the employee's personnel file for a period of two (2) years, unless, prior to the end of said two (2) year period, the employee is disciplined for a similar incident. In such case, the records of both disciplinary actions shall be maintained in the employee's personnel file for an additional two (2) years, or a total of four (4) years for each incident based upon the date of occurrence.

Disciplinary Proceedings. A. The Parties hereto agree that all aspects of disciplinary proceedings shall be conducted only in accordance with the procedures contained in this Article. B. No Employee Employees shall be discharged, demoted, disciplined only on the basis of a breach or otherwise disciplined except for just cause. Disciplinary action may include oral reprimand, written reprimand, suspension, demotion violation of the specific rules and discharge. Although regulations of the Employer recognizes progressive discipline, nothing in this section shall prevent the Employer from appropriately disciplining an employee, should circumstances warrant, up to and including dischargeDepartment. All disciplinary measures, measures including written reprimands through discharge, discharge sought to be imposed upon Employees employees shall be based upon specific particular written charges which give reasonable notice to the Employee employee of the nature of the charged offenses offense and the facts relating thereto. A , a copy of such charges shall immediately be forwarded to the Association and the charged Employeeemployee. C. Except in situations requiring immediate action, no disciplinary measures shall be implemented until such time as there has been a full and complete investigation of the matter, matter and the Employee employee has been furnished with a written statement of the charges and reasons, as outlined in Paragraph Section B. Employees shall have, have upon requestrequest therefore, an opportunity to discuss prospective disciplinary measures with the Sheriff, Sheriff or his his/her designated representative, representative in accordance with the provisions of Article 69, Employee's ▇▇▇▇ Of Rights. D. Any disciplinary action, action including reprimands, taken reprimands by the Sheriff or his his/her representative may be appealed by the Employee employee giving "Notice of Appeal" to the Sheriff with a copy to the County Human Resources Director within five (5) days (excluding weekends and holidays) from the date of service of the charges of the Employee upon him/her (see "Notice of Appeal" contained in Paragraph Eattached hereto as Section F). E. The Employee An employee has the right to appeal any disciplinary action taken by the Sheriff, Sheriff or his representative, his/her representative by proceeding either in accordance with Act 298 of the Public Acts of 1966, or by filing a grievance which is automatically processed at to Step 3 of the Grievance Procedure. In the event that disciplinary action is appealed to through the Grievance Procedure, Procedure and said grievance is not satisfactorily settled at Step 3 or 4, it may be appealed to Arbitration arbitration in accordance with Article 511, Grievance Procedure, Section H, Step 5. . F. An Employeeemployee's decision to appeal a disciplinary action pursuant to the contractual grievance procedure shall be made in lieu of his/her appeal rights under Act 298. Notice of the option chosen for appealing a disciplinary action shall be given in conjunction with the required "Notice of Appeal" Appeal (Paragraph Section D), on the following form: I, I (Employeeemployee's Namename) , hereby give notice that I am appealing the imposition of the (degree of action) disciplinary action taken against me on or about (date) by following the procedures of: (check one) Grievance provisions of the Macomb County/Macomb County Sheriff's Command Officers Association, Bargaining Agreement, or Act 298 of the Michigan Public Acts of 1966. (If this box is checked, request for Hearing must be simultaneously made to the Macomb County Sheriff's Department Civil Service Commission). BY CHOOSING THE ABOVE INDICATED OPTION, I HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVE AND RELINQUISH WHATEVER RIGHTS RIGHT I MAY POSSESS POSSES UNDER: (check one) Received by: Grievance Procedure as provided by the Macomb County Sheriff's Command Officers Association, Collective Bargaining Agreement, or Received By: Employee's Name Act 298 of the Michigan Public Acts of 1966. Dated: Address Witnessed ByEMPLOYEE'S NAME ADDRESS WITNESSED: FOR MACOMB COUNTY PROFESSIONAL DEPUTY SHERIFF'S ’S COMMAND OFFICERS ASSOCIATION F. G. In the event that there are Criminal criminal charges in conjunction with disciplinary action taken against an Employeeemployee, an appeal of the disciplinary action shall not proceed proceed, if the Employee requests, employee requests with the "Notice of Appeal", Appeal that the appeal process be held in abeyance pending resolution of the underlying Criminal criminal charges. G. H. In the event an Employee employee shall give notice of his/her intent to appeal any reprimand or disciplinary action taken at the initial stage of the proceedings, no penalty resulting from such proceeding shall be implemented until the Employee employee shall have exhausted his/her remedies in accordance with this Agreement, Agreement except where when immediate action is required. If an Employee employee is suspended or dismissed from the Department, the Employer is obligated only to continue to pay said Employeeemployee's contractual insurance premiums until the suspension or dismissal is resolved through Arbitration arbitration or Court court decision; provided, provided however, the Employer shall only pay Employeesaid employee's contractual insurance premiums to the extent that said Employee employee has recoverable funds with the County (accumulated sick time, annual leaveleave or holiday pay, holiday pay or retirement funds) and the Employee employee has given the County written permission to use those funds in this regard. Provided further, that during the period of said suspension, suspension the Employee employee may utilize personal funds to sustain contractual insurance benefits through the County. H. I. Nothing in the foregoing sections shall be construed to prejudice, prejudice or is understood to constitute a waiver of, an Employeeof any employee's right to lost wages or benefits in the event said Employee employee is returned to active employment. I. J. In no event shall either the charges against an Employee employee or the disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. J. K. In the event that an Employee employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff, Sheriff or his his/her designated representative, it shall be final and binding upon all partiesParties. K. L. In all cases of disciplinary proceedings, the Employee employee being investigated or questioned shall be entitledquestioned, upon request of said Employeemay, to if he/she so desires, have an Association representation by a duly elected or appointed Association Official representative and/or Association attorneyattorney present during such investigation as an advisor. Nothing in the foregoing shall abridge the right of a Command Officer commanding officer to counsel, advise, and/or instruct advise or admonish an Employee officer under his/her command in privatecommand, provided such is accomplished in a civil tone, in private. L. M. Before any a reprimand is placed in an Employeeemployee's file, it shall be explained by the Supervisor to the Employee employee and receipt of a copy thereof shall be acknowledged by the Employee employee on the file copies. M. Records of disciplinary actions shall remain in the employee's personnel file for a period of two (2) years, unless, prior to the end of said two (2) year period, the employee is disciplined for a similar incident. In such case, the records of both disciplinary actions shall be maintained in the employee's personnel file for an additional two (2) years, or a total of four (4) years for each incident based upon the date of occurrence.

Disciplinary Proceedings. A. The Parties hereto agree that all aspects of disciplinary proceedings shall be conducted only in accordance with the procedures contained in this Article. B. No Employee Employees shall be discharged, demoted, disciplined only on the basis of a breach or otherwise disciplined except for just cause. Disciplinary action may include oral reprimand, written reprimand, suspension, demotion violation of the specific rules and discharge. Although regulations of the Employer recognizes progressive discipline, nothing in this section shall prevent the Employer from appropriately disciplining an employee, should circumstances warrant, up to and including dischargeDepartment. All disciplinary measures, measures including written reprimands through discharge, discharge sought to be imposed upon Employees employees shall be based upon specific particular written charges which give reasonable notice to the Employee employee of the nature of the charged offenses offense and the facts relating thereto. A , a copy of such charges shall immediately be forwarded to the Association Union and the charged Employeeemployee. The Jail Administrator shall not be disciplined, demoted or discharged except for just cause. C. Except in situations requiring immediate action, no disciplinary measures shall be implemented until such time as there has been a full and complete investigation of the matter, matter and the Employee employee has been furnished with a written statement of the charges and reasons, as outlined in Paragraph B. Employees shall have, have upon requestrequest therefore, an opportunity to discuss prospective disciplinary measures with the Sheriff, Sheriff or his his/her designated representative, representative in accordance with the provisions of Article 6, Employee's ▇▇▇▇ Of Rights. D. Any disciplinary action, action including reprimands, reprimands taken by the Sheriff or his his/her representative may be appealed by the Employee employee giving "Notice of Appeal" to the Sheriff with a copy to the County Human Resources Director within five (5) days (excluding weekends and holidays) from the date of service of the charges of the Employee upon him/her (see "Notice of Appeal" contained in attached hereto as Paragraph EF). E. The Employee An employee has the right to appeal any disciplinary action taken by the Sheriff, Sheriff or his representative, his/her representative by proceeding either in accordance with Act 298 of the Public Acts of 1966, or by filing a grievance which is automatically processed at to Step 3 of the Grievance Proceduregrievance procedure. In the event that disciplinary action is appealed to through the Grievance Procedure, grievance procedure; and said grievance is not satisfactorily settled at Step 3 or 4, it may be appealed to Arbitration arbitration in accordance with Article 5, Grievance Procedure, Step 5. Paragraph H. F. An Employeeemployee's decision to appeal a disciplinary action pursuant to the contractual grievance procedure shall be made in lieu of his/her appeal rights under Act 298. Notice of the option chosen for appealing a disciplinary action shall be given in conjunction with the required "Notice of Appeal" (Paragraph D), on the following form: NOTICE OF APPEAL - OPTION AND WAIVER FORM I, (Employeeemployee's Name) name), hereby give notice that I am appealing the imposition of the (degree of action) disciplinary action taken against me on or about (date) by following the procedures of: (check one) Grievance provisions of the Agreement covering Captains, Jail Administrator and Chief of Staff only, Macomb County Sheriff Department and Police Officers Labor Council, or Act 298 of the Michigan Public Acts of 1966. (If this box is checked, request for Hearing must be simultaneously made to the Macomb County Sheriff's Department Civil Service Commission). BY CHOOSING THE ABOVE INDICATED OPTION, I HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVE AND RELINQUISH WHATEVER RIGHTS I MAY POSSESS UNDER: (check one) Grievance procedure as provided in the Agreement covering Captains, Jail Administrator and Chief of Staff only, Macomb County Sheriff Department and Police Officers Labor Council, or Act 298 of the Michigan Public Acts of 1966. Received Byby: Employee's Name Dated: Address Witnessed By: FOR MACOMB COUNTY PROFESSIONAL DEPUTY SHERIFF'S ASSOCIATIONPOLICE OFFICERS LABOR COUNCIL F. G. In the event that there are Criminal criminal charges in conjunction with disciplinary action taken against an Employeeemployee, an appeal of the disciplinary action shall not proceed proceed, if the Employee requests, employee requests with the "Notice of Appeal", " that the appeal process be held in abeyance pending resolution of the underlying Criminal chargescriminal charge. G. H. In the event an Employee employee shall give notice of his/her intent to appeal any reprimand or disciplinary action taken at the initial stage state of the proceedings, no penalty resulting from such proceeding shall be implemented until the Employee employee shall have exhausted his/her remedies in accordance with this Agreement, contract except where when immediate action is required. If an Employee employee is suspended or dismissed from the Department, the Employer is obligated only to continue to pay said Employeeemployee's contractual insurance premiums until the suspension or dismissal is resolved through Arbitration arbitration or Court court decision; provided, provided however, the Employer shall only pay Employeesaid employee's contractual insurance premiums to the extent that said Employee employee has recoverable funds with the County (accumulated sick time, annual leaveleave or holiday pay, holiday pay or retirement funds) and the Employee employee has given the County written permission to use those funds in this regard. Provided further, that during the period of said suspension, suspension the Employee employee may utilize personal funds to sustain contractual insurance benefits through the County. H. I. Nothing in the foregoing sections shall be construed to prejudice, prejudice or understood to constitute a waiver of, of an Employeeemployee's right to lost wages or benefits in the event said Employee employee is returned to active employment. I. J. In no event shall either the charges against an Employee employee or the disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. J. K. In the event that an Employee employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff, Sheriff or his his/her designated representative, it shall be final and binding upon all parties. K. L. In all cases of disciplinary proceedings, the Employee employee being investigated or questioned shall be entitledquestioned, upon request of said Employeemay, to Association representation by if he/she so desires, have a duly elected or appointed Association Official Union representative and/or Association attorneyattorney present during such investigation as an advisor. Nothing in the foregoing shall abridge the right of a Command Officer commanding officer to counsel, advise, and/or instruct advise or admonish an Employee officer under his/her command in privatecommand, provided such is accomplished in a civil tone, in private. L. M. Before any a reprimand is placed in an Employeeemployee's file, it shall be explained by the Supervisor to the Employee employee and receipt of a copy thereof shall be acknowledged by the Employee employee on the file copies. M. Records of disciplinary actions shall remain in the employee's personnel file for a period of two (2) years, unless, prior to the end of said two (2) year period, the employee is disciplined for a similar incident. In such case, the records of both disciplinary actions shall be maintained in the employee's personnel file for an additional two (2) years, or a total of four (4) years for each incident based upon the date of occurrence.

Disciplinary Proceedings. A. The Parties hereto agree that all aspects of disciplinary proceedings shall be conducted only in accordance with the procedures contained in this Article. B. No Employee shall be discharged, demoted, or otherwise disciplined except for just cause. Disciplinary action may include oral reprimand, written reprimand, suspension, demotion and discharge. Although the Employer recognizes progressive discipline, nothing in this section shall prevent the Employer from appropriately disciplining an employee, should circumstances warrant, up to and including discharge. All disciplinary measures, including written reprimands through discharge, sought to be imposed upon Employees shall be based upon specific written charges which give reasonable notice to the Employee of the nature of the charged offenses and the facts relating thereto. A copy of such charges shall immediately be forwarded to the Association Union and the charged Employee. C. Except in situations requiring immediate action, no disciplinary measures shall be implemented until there has been a full and complete investigation of the matter, and the Employee has been furnished with a written statement of the charges and reasons, as outlined in Paragraph B. Employees shall have, upon request, an opportunity to discuss prospective disciplinary measures with the Sheriff, or his designated representative, in accordance with the provisions of Article 6, Employee's ▇▇▇▇ Of Rights. D. Any disciplinary action, including reprimands, taken by the Sheriff or his representative may be appealed by the Employee giving "Notice of Appeal" to the Sheriff with a copy to the County Human Resources Director within five (5) days (excluding weekends and holidays) from the date of service of the charges of the Employee (see "Notice of Appeal" contained in Paragraph E). E. The Employee has the right to appeal any disciplinary action taken by the Sheriff, or his representative, by proceeding either in accordance with Act 298 of the Public Acts of 1966, or by filing a grievance which is automatically processed at Step 3 of the Grievance Procedure. In the event that disciplinary action is appealed to the Grievance Procedure, and said grievance is not satisfactorily settled at Step 3 or 4, it may be appealed to Arbitration in accordance with Article 5, Grievance Procedure, Step 5. An Employee's decision to appeal a disciplinary action pursuant to the grievance procedure shall be made in lieu of his/her appeal rights under Act 298. Notice of the option chosen for appealing a disciplinary action shall be given in conjunction with the required "Notice of Appeal" (Paragraph D), on the following form: I, (Employee's Name) , hereby give notice that I am appealing the imposition of the (degree of action) disciplinary action taken against me on or about (date) by following the procedures of: (check one) or Act 298 of the Michigan Public Acts of 1966. (If this box is checked, request for Hearing must be simultaneously made to the Macomb County Sheriff's Department Civil Service Commission). BY CHOOSING THE ABOVE INDICATED OPTION, I HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVE AND RELINQUISH WHATEVER RIGHTS I MAY POSSESS UNDER: (check one) or Received By: Employee's Name Dated: Address Witnessed By: FOR MACOMB COUNTY PROFESSIONAL DEPUTY SHERIFF'S DEPUTIES AND DISPATCHERS ASSOCIATION F. In the event that there are Criminal charges in conjunction with disciplinary action taken against an Employee, an appeal of the disciplinary action shall not proceed if the Employee requests, with the "Notice of Appeal", that the appeal process be held in abeyance pending resolution of the underlying Criminal charges. G. In the event an Employee shall give notice of his/her intent to appeal any reprimand or disciplinary action taken at the initial stage of the proceedings, no penalty resulting from such proceeding shall be implemented until the Employee shall have exhausted his/her remedies in accordance with this Agreement, except where immediate action is required. If an Employee is suspended or dismissed from the Department, the Employer is obligated only to continue to pay said Employee's contractual insurance premiums until the suspension or dismissal is resolved through Arbitration or Court decision; provided, however, the Employer shall only pay Employee's contractual insurance premiums to the extent that said Employee has recoverable funds with the County (accumulated sick time, annual leave, holiday pay or retirement funds) and the Employee has given the County written permission to use those funds in this regard. Provided further, that during the period of said suspension, the Employee may utilize personal funds to sustain contractual insurance benefits through the County. H. Nothing in the foregoing sections shall be construed to prejudice, or understood to constitute a waiver of, an Employee's right to lost wages or benefits in the event said Employee is returned to active employment. I. In no event shall either the charges against an Employee or the disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. J. In the event that an Employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff, or his designated representative, it shall be final and binding upon all parties. K. In all cases of disciplinary proceedings, the Employee being investigated or questioned shall be entitled, upon request of said Employee, to Association Union representation by a duly elected or appointed Association Union Official and/or Association Union attorney. Nothing in the foregoing shall abridge the right of a Command Officer to counsel, advise, and/or instruct an Employee under his/her command in private, provided such is accomplished in a civil tone. L. Before any reprimand is placed in an Employee's file, it shall be explained by the Supervisor to the Employee and receipt of a copy thereof shall be acknowledged by the Employee on the file copies. M. Records of disciplinary actions shall remain in the employee's personnel file for a period of two (2) years, unless, prior to the end of said two (2) year period, the employee is disciplined for a similar incident. In such case, the records of both disciplinary actions shall be maintained in the employee's personnel file for an additional two (2) years, or a total of four (4) years for each incident based upon the date of occurrence.