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 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. 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. 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. 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 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.