Common use of Disciplinary Process Clause in Contracts

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have three

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The OutsThe current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have three

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have threethree (3) working days’ notice of such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or if he/she is unavailable, the Lieutenant Colonel. Any discipline ordered or imposed shall be administered to the employee by the Troop or Division Commander or his/her designee. 29.8.5 The Internal Affairs investigation shall be conducted and submitted to the Agency Director. The final decision on the matter will be given to the affected employee within a total of seventy (70) calendar days of receipt of the complaint at State Headquarters, or within seventy (70) calendar days of the initiation of the investigation when the investigation was on hold awaiting the results of a criminal investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.