Common use of Disciplinary Proceedings Clause in Contracts

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. 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 the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. 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.

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 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 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 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 officer in any subsequent proceedings if the Officer 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 officer and his/her counsel, if any, shall be entitled to a written statement of the charges against the Officer 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 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 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 the Association may be waived by the Officerofficer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. 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.

Disciplinary Proceedings. When any complaint Section 1. Any member charged with a violation of Department rules and regulations, incompetence, misconduct, negligence, insubordination, disloyalty or charge shall be brought against an employee or other serious disciplinary proceedings are contemplated against an employee under infraction which could result in termination, may request a hearing provided 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 request is made in accordance with the following procedure: The Officer shall first be advised of the charge or charges against him/her, either by writing and delivered to the Chief of Police or by a Command Officer of the Department. The Officer shall be advised of his/her right representative no more than five (5) days after the member is advised of the charge against self-incrimination him. No member shall be dismissed without first being given notice and an opportunity for a hearing whether he requests 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 sufficient notice of the hearing date and time to allow him/her an opportunity to consult legal counsel, and prepare a defense. The hearing, which shall be before the Chief, or in his/her right to legal counsel. Legal counsel may appear with absence or incapacity, the Officer in any subsequent proceedings if the Officer so desires. The Officer and his/her counsel, if anyacting Chief, 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 reasonableinformal in nature. Any such statement of charges The member may be amended accompanied by his 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 chargesher counsel. 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 the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. All employees member shall have the right to confer with his/her representative at any time during the hearing and shall have the right to have his/her representative speak on his/her behalf. Failure to follow the entire Member's Rights procedure shall result in dismissal of all charges, with prejudice, and destruction of all related records. This section is subject to the grievance process. Section 2. Disciplinary actions or measures shall include only the following, but not necessarily in this order: Oral Reprimand Written Reprimand Suspension without Pay (Notice to be present and given in writing) Discharge (Notice to be represented by given in writing) Section 3. The Department administration retains the Association President right to place an officer on administrative leave (with pay) for any length of time pending an investigation into a documented incident, whether that incident involves an Internal Affairs Investigation or member a matter of public safety including the committeeofficer's emotional stability, and/or an Attorney at all disciplinary conferences mental stability or proceduresfor the officer's or Department's safety. Notification within Officers formally charged with a reasonable time violation of a crime 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 filesuspended without pay.

Disciplinary Proceedings. 38.1 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 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: : 38.2 The Officer shall first be advised of the charge or charges against him/her, either by the Chief chief of Police or by a Command Officer of the Department. . 38.3 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. . 38.4 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. . 38.5 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. . 38.6 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. . 38.7 Any and all of the rights and privileges conferred herein upon members of the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. 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.

Disciplinary Proceedings. When any complaint or charge A. The Parties hereto agree that all aspects of disciplinary proceedings 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 conducted only in accordance with the following procedure: The Officer procedures contained in this Article. B. Employees shall first be advised disciplined only on the basis of a breach or violation of the charge or charges against him/her, either by the Chief of Police or by a Command Officer specific rules and regulations of the Department. The Officer All disciplinary measures including written reprimands through discharge sought to be imposed upon employees shall be advised based upon particular written charges which give reasonable notice to the employee of his/her right against self-incrimination the nature of the charged offense and facts relating thereto, a copy of his/her right such charges shall immediately be forwarded to legal counsel. Legal counsel may appear with the Officer in any subsequent proceedings if Union and the Officer so desirescharged employee. The Officer and his/her counselJail Administrator shall not be disciplined, if anydemoted or discharged except for just cause. C. Except in situations requiring immediate action, no disciplinary measures shall be entitled to implemented until such time as there has been a full and complete investigation of the matter and the employee has been furnished with a written statement of the charges against and reasons, as outlined in Paragraph B. Employees shall have upon request therefore, an opportunity to discuss prospective disciplinary measures with the Officer which are being investigated upon demand for sameSheriff or his/her designated representative in accordance with the provisions of Article 6, provided Employee's Xxxx Of Rights. D. Any disciplinary action including reprimands taken by the time is reasonable. Any such statement of charges Sheriff or his/her representative may be amended or amplified subsequently, 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 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 holidays) from the date of charges. The Officer may then be ordered to make a statement concerning service of the charges against upon 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 her (attached hereto 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 the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. All employees shall have Paragraph F). E. An employee has 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 appeal any disciplinary action taken by the Sheriff or 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 to Step 3 of the grievance procedure. In the event disciplinary action is appealed through 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, Paragraph H. F. An employee's decision to appeal 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 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 any 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 by: Employee's Name Address POLICE OFFICERS LABOR COUNCIL G. In the event there are criminal charges in conjunction with disciplinary action taken against an employee, which 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 charge. H. In the event an employee shall give notice of his/her intent to appeal any reprimand or disciplinary action taken at the initial state 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 contract except when 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 said employee's contractual insurance premiums to the extent said employee has recoverable funds with the County (accumulated sick time, annual leave or holiday pay, 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 result utilize personal funds to sustain contractual insurance benefits through the County. I. 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. J. In no event shall the charges against an employee or disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. K. In the event that an employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff or his/her designated representative, it shall be final and binding upon all parties. L. In all cases of disciplinary proceedings, the employee being investigated or questioned, may, if he/she so desires, have a Union representative and/or attorney present during such investigation as an advisor. Nothing in the foregoing shall abridge the right of a commanding officer to counsel, advise or admonish an officer under his/her command, in a civil tone, in private. M. Before a reprimand is placed in an official entry being added employee's file, it shall be explained by the Supervisor to his personal work filethe employee and receipt of a copy thereof shall be acknowledged by the employee on the file copies.

Disciplinary Proceedings. When any complaint or charge A. The Parties hereto agree that all aspects of disciplinary proceedings 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 conducted only in accordance with the following procedure: The Officer procedures contained in this Article. B. Employees shall first be advised disciplined only on the basis of a breach or violation of the charge or charges against him/her, either by the Chief of Police or by a Command Officer specific rules and regulations of the Department. The Officer All disciplinary measures including written reprimands through discharge sought to be imposed upon employees shall be advised based upon particular written charges which give reasonable notice to the employee of his/her right against self-incrimination the nature of the charged offense and facts relating thereto, a copy of his/her right such charges shall immediately be forwarded to legal counsel. Legal counsel may appear with the Officer in any subsequent proceedings if Union and the Officer so desirescharged employee. The Officer and his/her counselJail Administrator shall not be disciplined, if anydemoted or discharged except for just cause. C. Except in situations requiring immediate action, no disciplinary measures shall be entitled to implemented until such time as there has been a full and complete investigation of the matter and the employee has been furnished with a written statement of the charges against and reasons, as outlined in Paragraph B. Employees shall have upon request therefore, an opportunity to discuss prospective disciplinary measures with the Officer which are being investigated upon demand for sameSheriff or his/her designated representative in accordance with the provisions of Article 6, provided Employee's Xxxx Of Rights. D. Any disciplinary action including reprimands taken by the time is reasonable. Any such statement of charges Sheriff or his/her representative may be amended or amplified subsequently, 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 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 holidays) from the date of charges. The Officer may then be ordered to make a statement concerning service of the charges against upon 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 her (attached hereto 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 the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. All employees shall have Paragraph F). E. An employee has 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 appeal any disciplinary action taken by the Sheriff or 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 to Step 3 of the grievance procedure. In the event disciplinary action is appealed through 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, Paragraph H. F. An employee's decision to appeal 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 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, (employee's name), hereby give notice that I am appealing the imposition of the (degree of action) disciplinary action taken against any 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 by: Employee's Name Address POLICE OFFICERS LABOR COUNCIL G. In the event there are criminal charges in conjunction with disciplinary action taken against an employee, which 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 charge. H. In the event an employee shall give notice of his/her intent to appeal any reprimand or disciplinary action taken at the initial state 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 contract except when 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 said employee's contractual insurance premiums to the extent said employee has recoverable funds with the County (accumulated sick time, annual leave or holiday pay, 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 result utilize personal funds to sustain contractual insurance benefits through the County. I. 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. J. In no event shall the charges against an employee or disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. K. In the event that an employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff or his/her designated representative, it shall be final and binding upon all parties. L. In all cases of disciplinary proceedings, the employee being investigated or questioned, may, if he/she so desires, have a Union representative and/or attorney present during such investigation as an advisor. Nothing in the foregoing shall abridge the right of a commanding officer to counsel, advise or admonish an officer under his/her command, in a civil tone, in private. M. Before a reprimand is placed in an official entry being added employee's file, it shall be explained by the Supervisor to his personal work filethe employee and receipt of a copy thereof shall be acknowledged by the employee on the file copies.

Disciplinary Proceedings. When any complaint or charge A. The Parties hereto agree that all aspects of disciplinary proceedings 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 conducted only in accordance with the following procedure: The Officer procedures contained in this Article. B. Employees shall first be advised disciplined only on the basis of a breach or violation of the charge or charges against him/her, either by the Chief of Police or by a Command Officer specific rules and regulations of the Department. The Officer All disciplinary measures including written reprimands through discharge sought to be imposed upon employees shall be advised based upon particular written charges which give reasonable notice to the employee of his/her right against self-incrimination the nature of the charged offense and facts relating thereto, a copy of his/her right such charges shall immediately be forwarded to legal counsel. Legal counsel may appear with the Officer Association and the charged employee. C. Except in any subsequent proceedings if the Officer so desires. The Officer and his/her counselsituations requiring immediate action, if any, no disciplinary measures shall be entitled to implemented until such time as there has been a full and complete investigation of the matter and the employee has been furnished with a written statement of the charges against and reasons, as outlined in Section B. Employees shall have upon request therefore, an opportunity to discuss prospective disciplinary measures with the Officer which are being investigated upon demand for sameSheriff or his/her designated representative in accordance with the provisions of Article 9, provided Employee's Xxxx Of Rights. D. Any disciplinary action including reprimands by the time is reasonable. Any such statement of charges Sheriff or his/her representative may be amended or amplified subsequently, 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 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 holidays) from the date of charges. The Officer may then be ordered to make a statement concerning service of the charges against upon 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 her (attached hereto 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 the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. All employees shall have Section F). E. An employee has 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 appeal any disciplinary action taken by the Sheriff or 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 to Step 3 of the Grievance Procedure. In the event disciplinary action is appealed through 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 11, Grievance Procedure, Section H, Step 5. F. An employee's decision to appeal 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 disciplinary action shall be given in conjunction with the required Notice of Appeal (Section 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) 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 RIGHT I MAY POSSES UNDER: (check one) Received by: Grievance Procedure as provided by the Macomb County Sheriff's Command Officers Association, Collective Bargaining Agreement, or Act 298 of the Michigan Public Acts of 1966. Dated: EMPLOYEE'S NAME ADDRESS WITNESSED: FOR MACOMB COUNTY SHERIFF’S COMMAND OFFICERS ASSOCIATION G. In the event 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. H. 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 when 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 said employee's contractual insurance premiums to the extent said employee has recoverable funds with the County (accumulated sick time, annual leave or holiday pay, 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. I. Nothing in the foregoing sections shall be construed to prejudice or is understood to constitute a waiver of any employee's right to lost wages or benefits in the event said employee is returned to active employment. J. In no event shall the charges against an employee or disciplinary action imposed at the initial stage of the disciplinary proceedings be increased or broadened at any stage of this appeal process. K. In the event that an employee shall agree to and accept the reprimand or disciplinary action imposed by the Sheriff or his/her designated representative, which may result it shall be final and binding upon all Parties. L. In all cases of disciplinary proceedings, the employee being investigated or questioned, may, if he/she so desires, have an Association representative and/or attorney present during such investigation as an advisor. Nothing in the foregoing shall abridge the right of a commanding officer to counsel, advise or admonish an officer under his/her command, in a civil tone, in private. M. Before a reprimand is placed in an official entry being added employee's file, it shall be explained by the Supervisor to his personal work filethe employee and receipt of a copy thereof shall be acknowledged by the employee on the file copies.

Disciplinary Proceedings. 38.1 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 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: : 38.2 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. . 38.3 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. . 38.4 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. . 38.5 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. . 38.6 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. . 38.7 Any and all of the rights and privileges conferred herein upon members of the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. 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.

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. 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, 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 the Association may be waived by the Officer, but any such waiver shall be signed and in writing. Nothing herein is intended to contravene any other rights, duties, or privileges contained in Act 78. 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.