DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline or discharge under this Agreement. 36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure. 36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail. 36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action. 36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution. 36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department. 36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action. 36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period Section 1. The principles of progressive discipline shall have no right apply to appeal his or her discipline or discharge under this Agreementdisciplinary actions except when the Agency must take a more immediate action. An FLSA-exempt employee’s suspension will be consistent with the salary status requirements of the Fair Labor Standards Act.
36.2 The Union recognizes that the employer has the authority Section 2. Employees who have completed their initial trial service shall not be subject to suspendformal disciplinary action, demotesuch as written reprimand, economic sanction, suspension and/or discharge or take other appropriate disciplinary action against employees except for just cause.
Section 3. A written pre-dismissal notice shall be given to employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency or his/her designee at a place, time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency, the employee may be suspended with or without pay or be allowed to continue to work, as specified in the pre-dismissal notice. The Agency's investigation must be completed within sixty (60) calendar days unless mutually waived in writing.
Section 4. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI unauthorized absence of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee from duty shall be deemed to be an absence without pay and may be grounds for disciplinary action. Any employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than absents himself/herself for five (5) calendar consecutive work days after such delivery without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Agency by a subsequent approval of leave with or without pay, when extenuating circumstances are found to have existed.
Section 5. An employee suspended or dismissed under the notice and an opportunity to respond orally or provision of this Article must submit a grievance in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one STEP 3 within ten (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (710) days of the date a notice of action is delivered in person to the employee or fourteen (14) days of the actiondate the notice is placed in U.S. certified mail to the most recent address of record. Concurrently, a notice will be mailed to the Association.
36.5 Any employee who is the subject a. Disclosure, not prohibited by law, of a citizen's written complaintviolation of laws, on a matter which is not rules, other improper actions or inefficiency of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent superior officers or fellow employees.
b. Adherence to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolutionNurse Practice Act (ORS 678.010 - 678.410).
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period c. Adherence to the Oregon Administrative Rules Chapter 851 established by the Board of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, Nursing pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel actionNurse Practice Act.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A. Disciplinary actions or measures shall include but not be limited to the following: Oral Reprimand Written Reprimand Suspension - Maximum of 30 days (notice given in writing) Discharge - (notice given in writing) A newly hired police patrol officer serving demotion in classification may be substituted by the Employer in place of a suspension or a discharge; a disciplinary transfer may be made in lieu of an entry level probationary period oral or written reprimand. Discipline shall be uniformly applied using a progressive disciplinary procedure, where appropriate.
B. Disciplinary action may be imposed upon an employee only for failure to fulfill his/her responsibilities as an employee. Suspensions of less than ten (10) days and lesser disciplining actions may be administered by the Superintendent or his/her designee.
C. No discipline of record shall be given to any employee until the employee has read the written statement and had an opportunity to attach a statement of explanation or rebuttal; or if the employee so desires, be given a hearing. At such hearing, the employee may have no right Union representation. The employee will be asked to appeal his sign the disciplinary report to signify knowledge of the statement only. The signature will not be interpreted to signify acceptance or her denial of guilt of the charges or statement.
D. Upon request by the employee, records of oral and written reprimands shall be removed from an employee's record twelve (12) months from the date of the offense and records of suspensions shall be removed from an employee's records two (2) years from the date of the offense.
E. The Employer shall not discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for any employee without just cause. Any employee, except an entry-level probationary employee, who is subject to discipline disciplinary action may appeal same pursuant to be appealed through the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not bothprocedure. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three Steps of the grievance procedure within seven (7) days of may mutually be waived in order that the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, grievance may be filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding person issuing such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolutiondisciplinary actions.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate A. Any disciplinary action against employees affecting a classified employee generally should be administered with the intention of improving the employee’s performance. The Board agrees that, whenever possible, a disciplinary problem shall initially be resolved between the classified employee and his/her immediate supervisor. Disciplinary actions will be for just cause.
B. All discussions regarding disciplinary actions and/or verbal reprimands affecting bargaining unit members shall take place in a private setting. This language is not intended to have application to constructive criticism, instructions, or direction given to employees by their supervisors.
C. The Board agrees that an Association representative and the OEA Labor Relations Consultant and legal counsel shall be permitted to attend any disciplinary interview, meeting, or hearing contemplated by this article and the administration shall inform the employee of this right.
D. No employee shall be disciplined, reduced in rank or compensation, demoted, reprimanded, suspended, or terminated without just cause and without due process as is provided herein. Any employeedispute concerning disciplinary action, except an entry-level probationary employeeincluding termination, who is subject to discipline may appeal same pursuant to shall be resolved solely through the grievance procedure procedure. Any procedures or rights under ORC 3319.081 related to suspension or termination are expressly superseded by this Article.
E. Only the Civil Service Commission pursuant to Title VI of Superintendent has the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forumsuspend a staff member’s contract for disciplinary reasons. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event of a suspension, the member shall have the right to file a grievance at Level II of the Grievance Procedure (Superintendent level). Suspensions shall not constitute a break in service for seniority purposes.
F. Any bargaining unit member receiving a written reprimand, or notice that may be put in the member’s file and that may be used in any disciplinary action more punitive than a written reprimand procedures, and is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, a copy of said written notice or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel actionreprimand indicating that this record will be held in his/her file.
36.8 Without limiting the right to representation granted an employee by City ordinanceG. Anonymous letters and materials shall not be placed in a bargaining unit member’s file, City Charter, law or constitution, any employee nor shall it be entitled to representation by attorney, union representative or fellow employee in any meeting with made a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary actionrecord unless the facts of the complaint are substantiated through an investigation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level 13.1 Nothing in this article shall serve to replace the procedures and practices described in the Department of Police Services Directive #OPS-800 regarding professional standards.
13.2 Except for probationary employees, no employee shall be disciplined, suspended or discharged without just cause. Probationary employees may be terminated during their probationary period and such termination is not subject to the grievance and arbitration procedures contained in this Agreement. Employees who have completed their probationary period shall have no right full access to appeal his or her discipline or discharge under the grievance and arbitration procedure contained in this Agreement.
36.2 The 13.3 An employee shall have the right to have a Union recognizes that xxxxxxx present whenever the employer has employee is called to a meeting to receive a formal verbal warning, a written warning, suspension or discharge, or whenever the authority employee is asked to suspend, demote, discharge or take other appropriate participate in an investigatory interview which the employee reasonably believes may lead to disciplinary action. This does not preclude notification to an employee of disciplinary action against employees for just causeby mail. Any employeeEvery effort will be made to complete disciplinary investigations in a timely manner. If such an investigation is extended beyond 60 days, except the employee and the union shall be notified of the nature of the delay (e.g. lack of access to information, incomplete information, relevant persons not available, etc.).
13.4 Ordinarily, prior to suspension or discharge, an entry-level probationary employee, employee who is may be subject to discipline shall be issued a written warning for violations of University policy or work rules or other misconduct. It is understood, however, that some situations may appeal same pursuant warrant immediate suspension or discharge. An employee who has received a written warning for one type of offense may nonetheless be suspended for a future violation or act of misconduct, even if the subsequent offense is different from the type that led to the grievance procedure or to previous written warning.
13.5 Written warnings shall remain in the Civil Service Commission pursuant to Title VI employee’s personnel file for two (2) years and shall not be used as a justification for a more severe penalty beyond that time. Written warnings are not grievable beyond Step Three of the Code grievance process. Suspensions shall remain permanently in the employee’s personnel file. In any hearing before the Vermont Labor Relations Board all prior discipline may be introduced as part of Ordinances, but not boththe overview of the employee’s overall work record.
13.6 Non-probationary employees who may be subject to discharge shall be notified in writing that such action is being contemplated by the Chief (or designee). The filing notice shall at a minimum state the reason for the discharge and shall include the date of any appeal under one procedure constitutes the alleged incident’s occurrence, where applicable. Upon receipt of the proposal notice, the employee may be suspended with pay or assigned other duties. The University shall allow the employee and the Union representative ten (10) calendar days to review the facts as presented in the proposal notice and to submit a waiver response and/or reason why the pending discharge may not be appropriate. The parties may mutually agree to extend the response period. The employee may choose to meet with the Chief (or designee) in lieu of, or in addition to, submitting a written response. The Chief (or designee) shall consider the response(s) from the employee or the Union and will notify the parties in writing of any right the disciplinary action to appeal in another forumbe taken, if any, against the employee within a reasonable amount of time, normally within ten (10) calendar days. SpecificallyUpon receipt of the Chief’s (or designee’s) decision, the grievance procedure set forth herein may not be utilized invoked by an the employee who has utilized and/or the Civil Service appeal Union in accordance with the time frames of that procedure.
36.3 In the event 13.7 Allegations of misconduct that may lead to disciplinary action more punitive than a written reprimand is recommended or considered shall be promptly investigated by the Chief University. Such investigations will usually begin within thirty (30) calendar days of Policethe receipt of the allegation, unless delayed due to extenuating circumstances. In any case where it is necessary to investigate an allegation of misconduct, the Chief may place the employee on suspension with pay pending completion of Police the investigation and prior to the imposition of any formal disciplinary actions. The University shall provide notify the Local Union or Xxxxxxx of any ongoing investigations as to employee misconduct.
13.8 Where discipline or discharge cases are grieved and brought to the Vermont Labor Relations Board, the Labor Board shall determine the appropriate remedy where there is a finding of no just cause. They may in their discretion reinstate the employee with written notice that includes: A scheduled meeting date all back pay and benefits, partial back pay and benefits, or no less than five (5) calendar days after such delivery award except for reinstatement in cases of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the actiondischarge.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving
26.1 If the City has reason to discipline an entry level employee, it shall be done in a manner that is least likely to embarrass the employee before other employees or the public. Employees who have completed their initial probationary period may only be disciplined for just cause.
26.2 When there is evidence of unsatisfactory performance, the City agrees to verbally discuss the problems with the employee, thus affording the employee an opportunity to correct the situation. In cases of misconduct, the City may initiate discipline at a step appropriate to the nature of the offense.
(a) Formal disciplinary actions range from written reprimands to suspension, demotion, delay or denial of step increases, and dismissal depending on the severity of the offense as well as the number and frequency of previous related problems.
(b) The employee may request and shall have no be granted the right to appeal his have a Union representative present during any or all discussions between management and the employee related to potential discipline as defined in (a) above between the City and the employee.
(c) Counseling memos, work improvement plans, written directives and verbal warnings, even if reduced to writing are considered informal actions and are not viewed as discipline. These are less formal means of resolving issues related to daily operations and performance. These actions are not subject to the grievance process and will be clearly labeled as not discipline. These actions may serve as notice of the rule to the employee for potential future disciplinary action. These informal actions can be maintained in the supervisory file for review for up to one year but are not placed in the personnel file. Upon request, an employee may review and request copies of counseling documents in his/her discipline supervisory file. The employee may submit a written rebuttal to the counseling, which will be maintained in the supervisory file with the counseling documents. Nothing in this Article shall be construed to prevent or discharge under prohibit the City discussing operational matters informally with employees.
26.3 The City agrees to furnish the employee and Union a complete statement in writing at the time of imposing a formal disciplinary action of written reprimand, suspension, demotion, salary reduction or dismissal outlining the specific reasons for such action. Such reasons shall not be expanded upon at a later date. All such documents shall be placed in the employee's personnel file after having been signed by the supervisor and the employee. All such documents are subject to the provisions of Article 25, Personnel Records, of this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her 30.1 The College will not discipline or discharge under any employee covered by this Agreement.
36.2 Agreement without just cause. The Union recognizes that the employer College also has the authority to suspenddischarge an employee for legitimate performance reasons, demotewithout prior discipline.
30.2 Disciplinary actions include oral reprimands, written reprimands, suspensions and discharges. Oral reprimands will be identified as such, documented and placed in the supervisor’s file with a copy to the employee, subject to removal in conjunction with the evaluation process. Corrective opportunities for improvement of legitimate performance deficiencies may include coaching and counseling, and written notification regarding failure to meet expectations. Any such actions will be identified as such, documented and placed in the supervisor’s file with a copy to the employee, subject to removal in conjunction with the evaluation process.
30.3 Employees may appeal a written reprimand through the grievance procedure; provided that no such appeal may proceed beyond Step 2 of the grievance procedure. If a discharge or take other appropriate disciplinary action against employees for just causecause or legitimate performance reasons or a suspension is grieved and not resolved at Step 2, the Union may appeal the grievance to the Discipline Review Panel (see Section 31.6 of Article 31 Grievance Procedure) by filing a request within fourteen (14) days of the Union’s receipt of the Step 2 decision.
30.4 When disciplining an employee, the College will make a reasonable effort to protect the privacy of the employee.
30.5 The College has the authority to conduct investigations.
A. Upon request, an employee has the right to a union representative at an investigatory interview called by the College, if the employee reasonably believes discipline could result. Any If the requested representative is not reasonably available, the employee will select another union representative who is available. An employee seeking union representation is responsible for contacting their union representative.
B. The role of the union representative in regard to College-initiated investigations is to provide assistance and counsel to the employee and not interfere with the College’s right to conduct the investigation. Every effort will be made by the union representative to fully cooperate in the investigation.
30.6 An employee placed on an alternate assignment during an investigation will not be prohibited from contacting their union xxxxxxx unless there is a conflict of interest, in which case the employee may contact another union xxxxxxx. This does not preclude the College from restricting an employee’s access to the College’s premises.
30.7 Prior to imposing discipline or discharging an employee, except oral or written reprimands, the College will inform the employee and the union staff representative in writing of the reasons for the contemplated discipline and an entry-level probationary employeeexplanation of the evidence, who is subject copies of written documents relied upon to discipline may appeal same pursuant take the action and the opportunity to view other evidence, if any. This information will be sent to the grievance procedure or union staff representative on the same day it is provided to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not bothemployee. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not employee will be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and provided an opportunity to respond orally either at a meeting scheduled by the College, or in writing on or before if the employee prefers. An employee may have a union representative present at a pre- disciplinary meeting. It is the employee’s obligation to arrange for such representative to be present. A pre-disciplinary meeting date. The written notice with the College will be considered to be delivered upon personal delivery time worked.
30.8 The College will provide an employee with fifteen (15) calendar days’ written notice prior to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form effective date of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal a suspension of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within greater than seven (7) days calendar days. Upon mutual agreement, the employee may begin the suspension period before the end of the date of the actionnotice period.
36.5 Any employee who is 30.9 The College will provide the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided Union with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolutiondisciplinary letters.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level
13.1 Nothing in this article shall serve to replace the procedures and practices described in the Department of Police Services Directive #OPS-800 regarding professional standards.
13.2 Except for probationary employees, no employee shall be disciplined, suspended or discharged without just cause. Probationary employees may be terminated during their probationary period and such termination is not subject to the grievance and arbitration procedures contained in this Agreement. Employees who have completed their probationary period shall have no right full access to appeal his or her discipline or discharge under the grievance and arbitration procedure contained in this Agreement.
36.2 The 13.3 An employee shall have the right to have a Union recognizes that xxxxxxx present whenever the employer has employee is called to a meeting to receive a formal verbal warning, a written warning, suspension or discharge, or whenever the authority employee is asked to suspend, demote, discharge or take other appropriate participate in an investigatory interview which the employee reasonably believes may lead to disciplinary action. This does not preclude notification to an employee of disciplinary action against employees for just causeby mail. Any employeeEvery effort will be made to complete disciplinary investigations in a timely manner. If such an investigation is extended beyond 60 days, except the employee and the union shall be notified of the nature of the delay (e.g. lack of access to information, incomplete information, relevant persons not available, etc.).
13.4 Ordinarily, prior to suspension or discharge, an entry-level probationary employee, employee who is may be subject to discipline shall be issued a written warning for violations of University policy or work rules or other misconduct. It is understood, however, that some situations may appeal same pursuant warrant immediate suspension or discharge. An employee who has received a written warning for one type of offense may nonetheless be suspended for a future violation or act of misconduct, even if the subsequent offense is different from the type that led to the grievance procedure or to previous written warning.
13.5 Written warnings shall remain in the Civil Service Commission pursuant to Title VI employee’s personnel file for two (2) years and shall not be used as a justification for a more severe penalty beyond that time. Written warnings are not grievable beyond Step Three of the Code grievance process. Suspensions shall remain permanently in the employee’s personnel file. In any hearing before the Vermont Labor Relations Board all prior discipline may be introduced as part of Ordinances, but not boththe overview of the employee’s overall work record.
13.6 Non-probationary employees who may be subject to discharge shall be notified in writing that such action is being contemplated by the Chief (or designee). The filing notice shall at a minimum state the reason for the discharge and shall include the date of any appeal under one procedure constitutes the alleged incident’s occurrence, where applicable. Upon receipt of the proposal notice, the employee may be suspended with pay or assigned other duties. The University shall allow the employee and the Union representative ten (10) calendar days to review the facts as presented in the proposal notice and to submit a waiver response and/or reason why the pending discharge may not be appropriate. The parties may mutually agree to extend the response period. The employee may choose to meet with the Chief (or designee) in lieu of, or in addition to, submitting a written response. The Chief (or designee) shall consider the response(s) from the employee or the Union and will notify the parties in writing of any right the disciplinary action to appeal in another forumbe taken, if any, against the employee within a reasonable amount of time, normally within ten (10) calendar days. SpecificallyUpon receipt of the Chief’s (or designee’s) decision, the grievance procedure set forth herein may not be utilized invoked by an the employee who has utilized and/or the Civil Service appeal Union in accordance with the time frames of that procedure.
36.3 In the event 13.7 Allegations of misconduct that may lead to disciplinary action more punitive than a written reprimand is recommended or considered shall be promptly investigated by the Chief University. Such investigations will usually begin within thirty (30) calendar days of Policethe receipt of the allegation, unless delayed due to extenuating circumstances. In any case where it is necessary to investigate an allegation of misconduct, the Chief may place the employee on suspension with pay pending completion of Police the investigation and prior to the imposition of any formal disciplinary actions. The University shall provide notify the Local Union or Xxxxxxx of any ongoing investigations as to employee misconduct.
13.8 Where discipline or discharge cases are grieved and brought to the Vermont Labor Relations Board, the Labor Board shall determine the appropriate remedy where there is a finding of no just cause. They may in their discretion reinstate the employee with written notice that includes: A scheduled meeting date all back pay and benefits, partial back pay and benefits, or no less than five (5) calendar days after such delivery award except for reinstatement in cases of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the actiondischarge.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving 26.1 If the City has reason to discipline an entry level employee, it shall be done in a manner that is least likely to embarrass the employee before other employees or the public. Employees who have completed their initial probationary period may only be disciplined for just cause.
26.2 When there is evidence of unsatisfactory performance, the City agrees to verbally discuss the problems with the employee, thus affording the employee an opportunity to correctthe situation. In cases of misconduct, the City may initiate discipline at a step appropriate to the nature of the offense.
(a) Formal disciplinary actions range from written reprimands to suspension, demotion, delay or denial of step increases, and dismissal depending on the severity of the offense as well as the number and frequency of previous related problems.
(b) The employee may request and shall have no be granted the right to appeal his have a Union representative present during any or all discussions between management and the employee related to potential discipline as defined in (a) above between the City and the employee.
(c) Counseling memos, work improvement plans, written directives and verbal warnings, even if reduced to writing are considered informal actions and are not viewed as discipline. These are less formal means of resolving issues related to daily operations and performance. These actions are not subject to the grievance process and will be clearly labeled as not discipline. These actions may serve as notice of the rule to the employee for potential future disciplinary action. These informal actions can be maintained in the supervisory file for review for up to one year but are not placed in the personnel file. Upon request, an employee may review and request copies of counseling documents in his/her discipline supervisory file. The employee may submit a written rebuttal to the counseling, which will be maintained in the supervisory file with the counseling documents. Nothing in this Article shall be construed to prevent or discharge under prohibit the City discussing operational matters informally with employees.
26.3 The City agrees to furnish the employee and Union a complete statement in writing at the time of imposing a formal disciplinary action of written reprimand, suspension, demotion, salary reduction or dismissal outlining the specific reasons for such action. Such reasons shall not be expanded upon at a later date. All such documents shall be placed in the employee's personnel file after having been signed by the supervisor and the employee. All such documents are subject to the provisions of Article 25, Personnel Records, of this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period No employee shall have no right to appeal his be disciplined or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for discharged without just cause. Any The parties subscribe to the concept and use of progressive discipline whenever possible:
A. One or more written warnings.
B. One or more formal written reprimands.
C. One or more short suspension(s) without pay (not to exceed five [5] working days).
D. Long suspension without pay or discharge. The parties agree that the purpose of progressive discipline is to provide an employee a reasonable opportunity to correct his employment behavior short of discharge. Failure of the Employer to follow precisely the steps set forth above shall not per se be grounds for reinstating a discharged or disciplined employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of considered on a case-by-case basis in determining whether just cause exists. The City will issue any disciplinary matters involving suspension action necessary within 20 working days after the City knew or discharge may be initiated at step three had reasonable notice of the grievance procedure within seven (7) facts giving rise to the discipline. It is agreed that the 20 working days are counted by the employee’s days worked, and will be extended as appropriate to account for the employee’s use of the date of the action.
36.5 Any employee who is the subject paid and non-paid approved leave time. The Employer shall consider no prior disciplinary action on any infraction of a citizen's written complaint, similar and/or a distinct and different character occurring more than 24 months previous in imposing discipline on a matter which is not of a criminal naturecurrent charge. Upon written request to the Human Resources Department, filed with any written warnings issued more than twenty-four (24) months prior to the Internal Affairs Office request shall be provided with a copy of removed from the complaint in writing as soon as possible and he/she shall respond, employee’s file if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received any additional discipline during that time period. Upon written request to the Human Resources Department, any discipline other than a written warning which was issued more than twenty-four (24) months prior to the request shall be removed from the employee’s file upon agreement of the City if the employee has not received any additional discipline during that time period. If the City does not agree to the Employee’s request, the Union may, within thirty (30) days, request a special conference to discuss the Employee’s request. Employees will have the right to have Union representation at any level of disciplinary action, excluding demotion, suspension or dismissal, for action taken against them. The employee must sign and receive a period copy of three (3) years, he/she may request that any and all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which . This is not to be construed as an admission of a criminal natureguilt, but only as an acknowledgment that such action exists. An employee shall, upon written request, have access to his personnel file retained by the Employer, as defined by State law. It is further agreed that an employee’s personnel file shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel actionconsidered his official file in grievance hearings.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 1 contract
Samples: Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A. The Board agrees with the tenets of progressive and corrective discipline. Discipline of a teacher covered by this Agreement shall only be for just cause and be done in a manner so as not to embarrass the teacher before other employees or the public and shall include the following:
1. A newly hired police patrol officer serving an entry level probationary period conference with the teacher by the appropriate administrator or supervisor on the decision;
2. In the event of a suspension, a written statement of the reason(s) for the action shall have no be given to the teacher and a review of the teacher’s personnel file with the teacher and his/her representative if the teacher so chooses;
3. A disciplinary action or measure shall include the following:
a. Oral reprimand
b. Written reprimand
c. Suspension without pay (notice to be given in writing)
d. Recommend termination The Board reserves the right to appeal initiate discipline at any step if the circumstances warrant. Generally, job performance issues will be addressed through the evaluation process.
B. In the event any Administrator requires a teacher to attend a meeting for the purpose of discussing a matter which may result in his or her discipline discipline, the teacher, upon request, may have a Union Representative present. . For pending disciplinary matters, or discharge under this Agreement.
36.2 The Union recognizes that unresolved grievances, upon request of the employer has Union, the authority to suspend, demote, discharge or take other appropriate Board shall disclose all evidence in support of the proposed disciplinary action against employees for just cause. Any employeeand provide copies of documentation in its possession, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to provided the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served such copies is not restricted by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employeeapplicable law. When an employee a teacher is off duty including on approved leave whether it be vacation, injury or any other form informed of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and hehis/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) yearsher discipline, he/she may make a written request that all disciplinary actionto meet with the Assistant Superintendent of Human Resources to review the decision. Such request must be filed within ten (10) working days of receiving such notice. The meeting with the Assistant Superintendent shall be held as promptly as possible, excluding demotion, suspension and dismissal, over three but in no case shall be delayed more than fifteen (315) years old be removed from his/her file maintained in calendar days after receiving the City Personnel Department.
36.7 Except, pursuant written request. The employee shall have the right to a court orderUnion Representative at such meeting, or and shall have the right to present arguments and witnesses on her/his behalf. Recommendations by consent of the employeeAssistant Superintendent, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal natureif any, shall be given to, or maintained by anyone outside communicated to the City's Police Department or Superintendent and the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting teacher in writing. In the event the employee is dissatisfied with the determination the employee shall have the right to representation granted an employee a meeting either with the Board of Education, or with a committee appointed by City ordinancethe Board, City Charter, law which may meet in closed session to consider the matter.
C. Terminations or constitution, any employee dismissal shall be entitled to representation by attorney, union representative or fellow employee done in any meeting accordance with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter applicable provisions of such meeting could result in disciplinary actionthe School Code.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period 16:1 The power of suspension and discharge shall rest with the Board of Police Commissioners except that the power of suspension may be delegated to the Chief of Police or his/her designee. The Chief of Police may impose punitive suspensions for periods not to exceed two (2) calendar weeks. Superior officers, so designated, shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspendrelieve from duty for cause only, demote, discharge or take other appropriate any member of the Department. Such action shall immediately be reported to the Chief of Police for such action as the Chief may deem necessary.
16:2 Further disciplinary action against employees by the Chief or his designee will take place after the employee has been given the opportunity to appear before the Chief of Police to answer charges, with or without Union representation as he/she may so desire, within a period of twenty- four (24) hours from the time the Chief decides to take action, excluding Saturdays, Sundays, and holidays.
16:3 The Chief of Police shall attempt to notify the employee of the charges involved and of the hearing; and, if unable, shall notify an official of the Union. If, for just causegood reason, either side cannot meet within the twenty-four (24) hour period, such hearing shall be rescheduled as soon as possible. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant In severe cases warranting immediate reference to the grievance procedure or to Board of Police Commissioners for disciplinary action beyond the Civil Service Commission pursuant to Title VI powers of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. SpecificallyChief or his/her designee, the grievance procedure set forth herein Chief may not be utilized by an employee who has utilized the Civil Service appeal proceduresuspend immediately pending Board hearing which shall take place within fourteen (14) days from date of suspension.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered 16:4 Any member who may be suspended by the Chief of Police, Police has the Chief right of appeal to the Board of Police shall provide Commissioners. In the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after event of such delivery of the notice and an opportunity to respond orally or appeal, which must be made in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided Board with a copy of to the complaint in writing as soon as possible and he/she shall respond, if requested, Chief within forty-eight (48) hours, the suspension shall be held in abeyance except as noted in Section 16:3 until the hearing and decision of the Board of Police Commissioners shall have been made.
16:5 In the event of such appeal to the Board of Police Commissioners, the Board shall act not later than its next regular meeting after receipt of said appeal. The Board of Police Commissioners shall be responsible for all disciplinary hearings outside of the grievance procedure should the disciplined employee feel said discipline was given without just cause. All witnesses shall be sworn, mechanical recording equipment may be used to record the testimony, and all persons concerned shall have the right and choice of representation. Such an employee hearings shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent closed to the officer's receipt public unless an open hearing is requested by the employee. The conclusions of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, hearing shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary reduced to accomplish any personnel action.
36.8 Without limiting the right writing with copies distributed to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.all concerned within fourteen
Appears in 1 contract
Samples: Working Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline 67. The Company may discipline, suspend or discharge under this Agreementany employee for good and sufficient cause. Good and sufficient cause is defined as violation of CVC policies and procedures or failure to perform assigned duties.
36.2 The Union recognizes that a) Disciplinary action will take the employer has following steps: STEPS RETENTION TIME IN FILE ----- ----------------------
1. Oral warning 6 months 2. Written warning #1 12 months 3. Written warning #2 18 months 4. Suspension pending discharge 24 months 5. Discharge n/a
b) Infractions listed in Appendix C under "suspension pending discharge" may lead to immediate discharge.. Reference Appendix C for examples of conduct requiring the authority to suspend, demote, disciplinary action.
c) Cases other than those involving disciplinary layoff or discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to be contested through the normal grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 68. In the event of any disciplinary action, whether it is a formal warning or a complaint of the employee's work attitude and performance, the Area Xxxxxxx will be informed before the disciplinary action more punitive than takes place:
a) The employee will be informed of his union representation rights in the presence of the Area Xxxxxxx before disciplinary action takes place. If the employee does not wish union representation at the meeting, he or she must sign a written reprimand waiver (copy to Union) to that effect in the presence of the member mentioned above. The disciplinary action will not take place before a waiver is recommended signed, if such a waiver is the wish of the employee.
b) In the event that disciplinary action involves suspension or considered discharge, the Union President, Chief Xxxxxxx and Area Xxxxxxx must be present before such action takes place.
c) In case of disciplinary layoff or discharge, a member of the grievance committee shall introduce the employee's complaint into Step Three of the Grievance Procedure. This will be done within three (3) working days of such action. A meeting will be held within two (2) working days unless an extension is mutually agreed to by the Chief parties. The Union may request a postponement, not to exceed fifteen (15) days, with the understanding that the Company shall not be obligated to pay any award beyond the date set for the original meeting unless the case is referred to arbitration. In no case is a delay caused by the Union to cause a loss to the Company by reason of Policethe delay. Upon request, the Chief Company will furnish the Union the employee's most recent address as shown on the employment record.
d) The decision of Police shall provide the employee Company in any step will be final unless notice of appeal to succeeding steps, including arbitration, is filed with written notice that includes: A scheduled meeting date no less than the Company within five (5) calendar working days after such delivery the Company has rendered its decision.
69. A copy of the notice and an opportunity to respond orally any disciplinary action or in writing on or before the meeting date. The written notice will record of oral warning shall be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail given to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal Area Xxxxxxx, and the Chief Xxxxxxx at the time of disciplinary matters involving suspension discipline, or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolutionthereafter.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 1 contract
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level Section 18.1. No employee covered by this Agreement who has successfully completed his probationary period shall have no right to appeal his be disciplined or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees discharged except for just cause.
Section 18.2. Any employee, except an entry-level probationary employee, who is subject to Just cause for discharge or discipline may appeal same pursuant be, but is not limited to, failure to meet or maintain client requirements, violations of the Company’s reasonable rules and regulations or other valid reasons. The Company has the right to amend or issue new Company Rules and Regulations at any time with due notification to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedureemployees.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting dateSection 18.3. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any An employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall disciplined or discharged will be provided with shown a copy of the complaint Disciplinary Counseling Report (DCR). The employee is required to sign the DCR, but in writing as soon as possible and he/she doing so does not mean that the employee agrees with the contents of the DCR, only that he has read same. In imposing any disciplinary action on a current charge, Company shall respondnot take into account any written discipline occurring more than twelve (12) months previously. The Company shall not take into account any documented verbal counseling more than nine (9) months previously, if requestedunless the documented verbal counseling is for the same-offense, within forty-eight (48) hours. Such an employee shall not have the right to grieve on a DCR.
Section 18.4. There will be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt no harassment of the complaintEmployer or the Union by either Union or non-Union employees. Nothing contained hereinAny report of any employees, howeverUnion or non-Union, shall preclude making as a practice anti-union or anti-employer statements, or otherwise attempting to damage the relationship of the Company and the Union will be considered a proper basis for a grievance.
Section 18.5. An employee committing a minor infraction of Company rules or regulations as determined by the Company, may be called to an officer from voluntarily discussing office or otherwise for the purpose of a complaint at any timecounseling session, to discuss the violations. Upon final resolution The intent of such investigation, counseling meetings is to discuss the infraction with the employee will be notified as soon as possible of and ways to correct the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant problem; also to a court order, or by consent of discuss with the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, his past employment record. The employee shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting have the right to request Union representation granted an for such counseling session. The counsel session will be documented as a documented verbal counseling. However, nowhere herein contained can it be construed that a counsel session is the same as a written warning as provided for in Section 18.3. The employee by City ordinanceis required to sign the documented verbal counseling, City Charterbut in so doing, law or constitutionthis does not mean the employee agrees with the contents of the counsel document, any employee shall be entitled to representation by attorney, union representative or fellow employee but only that he is in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter receipt of such meeting could result in disciplinary actionand has read same.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Tri-S Security Corp)
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving Section 1: Upon substantiation of an entry level probationary period shall have no right to appeal his allegation or her discipline complaint of misconduct from within the department or discharge under this Agreement.
36.2 The Union recognizes that from outside the employer has the authority to suspend, demote, discharge or take other appropriate department which may result in disciplinary action against employees an employee, but in no case more than seven (7) calendar days after the receipt of an allegation or complaint, the Chief shall inform the employee of the nature of the accusation. The employee shall, at the time of notification, if he/she so desires, have the right to consult privately with a representative of the Union present during any discussions occurring between the employee and the Chief regarding the allegation or complaint of misconduct. The employee shall respond to the complaint or allegation verbally at the time of notification if ordered to do so by the Chief. If the employee is unable to reply accurately, he/she will have the opportunity to review the appropriate written records before responding. Proceedings shall be electronically recorded by either party. Responses involving possible criminal conduct may only be used to resolve internal Police Department misconduct complaints and may not be used in any criminal court proceedings against the employee.
a) In severe cases where it is necessary for the Chief to immediately relieve the employee of duty, the employee shall be informed of the reason for his/her suspension from duty and be allowed the opportunity to discuss his/her relief from duty with a representative of the Union before being required to leave the premises. In the event an employee is relieved of duty, such time shall be with pay until returned to duty, reassigned, suspended, or discharged.
b) Exceptions to the notification procedure may be made when the complaint or accusation is of a serious criminal nature and to notify the employee would hinder the investigation. Notification shall be delayed no longer than is absolutely necessary to complete the investigation.
Section 2: The Chief, after notifying the employee of the complaint or accusation in accordance with Section 1 above shall, as soon as possible, reduce the allegations or complaint to writing and cause it to be presented to the employee within five (5) calendar days, or if the employee was relieved of duty in accordance with Section 1(a) of this Article, the Chief shall give positive notification of the allegations to the employee not later than the conclusion of the next day. The employee shall have until his/her next working day after receipt of the written allegation to reply. If the employee's reply is unclear to the Chief, the reply shall be returned to the employee for clarification. The employee shall have forty-eight (48) hours to submit a clarification. The names of all witnesses and any written statements made by witnesses will be shared with the employee. The investigation shall be conducted with all possible haste and, except for complicated matters, shall be concluded within seven (7) calendar days from the date the employee answers the allegation. If the investigation is to take longer than seven (7) calendar days, the Chief will notify the employee and tell him/her why it is being delayed.
Section 3: The Chief shall, upon completion of his/her investigation, administer appropriate discipline if warranted and forward a copy of said discipline to the employee in writing. Discipline shall only be for just cause. Any employee.
Section 4: In the event the employee believes the discipline administered by the Chief was unjust, except an entry-level probationary employee, who is it shall be a proper subject to discipline may appeal same pursuant to for the grievance procedure or to the Civil Service Commission provided a written grievance is presented pursuant to Title VI Step 2 of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than within five (5) calendar days after such delivery the Chief has notified the employee of the notice discipline and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail administered same to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may Section 5: In the event it should be initiated at step three of decided under the grievance procedure within seven (7) days that the employee was unjustly discharged or suspended, the Employer shall reinstate such employee and pay full compensation, partial or no compensation as may be decided under the grievance procedure. Such compensation, if any, shall be at the rate of the employee's straight time earnings during the pay period immediately preceding the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing discharge or suspension less such compensation as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old have earned at other employment during such period. Any reference to the incident will be removed expunged from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action’s record.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than An officer who is to be suspended without pay or discharged shall be given a written reprimand statement indicating the reasons or grounds for such action. If the action to be taken is recommended or considered by the Chief of Policedischarge, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than officer may within five (5) calendar days after such delivery receipt of the notice and an opportunity statement file his written response thereto setting forth in detail his explanation of or defenses, if any, to respond orally the reasons or grounds contained in writing the statement. The Chief will consider the officer's written response, if timely received by him before taking action on or before the meeting datedischarge. The written statement or notice will of action taken shall be considered to be delivered upon personal delivery given to the employee officer, if personally delivered or, if served by mailunable to be personally delivered, one three (13) day days after the statement has been mailed by FedEx Standard Overnight first class mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mailofficer.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period The Library shall follow a policy of progressive discipline; however, this policy shall not preclude the Library from advancing discipline and disciplinary penalties. The following procedures shall be utilized for disciplinary and discharge matters for misconduct or unsatisfactory work performance for all employees.
8.1 An employee covered under the terms of this Agreement shall not be disciplined or discharged except for incompetency or misconduct while performing their duties. Any employee who is so disciplined or discharged shall have no the right to appeal his or her seek review of the discipline or discharge under including the penalty involved by initiating an appeal in accordance with the procedure contained in this AgreementArticle. The employee shall be entitled to representation by CMU at each step of the procedure contained in this Article.
36.2 The Union recognizes that 8.2 In any instance in which a representative of the employer has the authority Library seeks to suspend, demote, discipline or discharge or take other appropriate disciplinary action against employees for just cause. Any an employee, except an entry-level probationary a written notice of discipline or discharge shall be served upon the employee, who is subject to . The notice shall contain the reasons for the discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI discharge including a description of the Code of Ordinancesalleged acts and/or conduct and the dates, but not bothtimes and places such acts occurred. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forumSaid notice shall also include the penalty being imposed. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery copy of the notice and an opportunity to respond orally shall be served concurrently upon the Unit President or in writing on their designee. An employee shall not be disciplined or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, discharged for acts which occurred more than one (1) day after the statement has been mailed by FedEx Standard Overnight mail year prior to the employeenotice of discipline or discharge unless said acts of misconduct or incompetency would constitute a crime pursuant to the Laws of the State of New York. When An employee who is disciplined or discharged shall have the right to seek review of the disciplinary matter by initiating an appeal in accordance with the procedures set forth in Section 8.3 of this article. If the employee is not satisfied with the determination of the representative of the employer at Step 1 of the procedure set forth in Section 8.3, the Union may proceed to final and binding arbitration at Step 2 of such procedure. In the event an employee is off duty including on approved leave whether it be vacation, injury suspended without pay or any other form of approved leavedischarged, the employee shall not be served personally but allowed to begin their appeal at Step 2 of Section 8.3. The employee shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven have ten (710) calendar days exclusive of the date the written notice of discipline was served to file a written appeal with the B&ECPL Chief Operating Officer for purposes of initiating a Step 1 appeal. The employee shall have ten (10) calendar days exclusive of the action.
36.5 Any employee who is date the subject written notice of suspension without pay or discharge was served to file a citizen's written complaint, on a matter which is not of a criminal nature, filed appeal with the Internal Affairs Office shall be provided with B&ECPL Chief Operating Officer for purposes of initiating a copy Step 2 appeal, while simultaneously fulfilling notification requirements contained in Section 8.3, Step 2. All records of disciplinary action will remain in the complaint in writing as soon as possible employee’s personnel record/file; however, oral and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall written warnings will not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to considered by the officer's receipt of Library for progressive discipline purposes in future disciplinary actions for the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for same offense after a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent date of issuance of the oral or written warning. This provision shall not preclude the Library from presenting an employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee ’s entire disciplinary record in any meeting with a supervisor or internal affairs investigatorproceeding, if including arbitration as set forth in this Article, to the extent such employee reasonably suspects that the subject matter of such meeting could result in disciplinary actionrecord may be relevant.
Appears in 1 contract
Samples: Settlement Agreement
DISCIPLINE AND DISCHARGE. 36.1 A. The Board agrees with the tenets of progressive and corrective discipline. Discipline of a teacher covered by this Agreement shall only be for just cause and be done in a manner so as not to embarrass the teacher before other employees or the public and shall include the following:
1. A newly hired police patrol officer serving an entry level probationary period conference with the teacher by the appropriate administrator or supervisor on the decision;
2. In the event of a suspension, a written statement of the reason(s) for the action shall have no be given to the teacher and a review of the teacher’s personnel file with the teacher and his/her representative if the teacher so chooses;
3. A disciplinary action or measure shall include the following:
a. Oral reprimand
b. Written reprimand
c. Suspension without pay (notice to be given in writing) d. Recommend termination The Board reserves the right to appeal initiate discipline at any step if the circumstances warrant. Generally, job performance issues will be addressed through the evaluation process.
B. In the event any Administrator requires a teacher to attend a meeting for the purpose of discussing a matter which may result in his or her discipline discipline, the teacher, upon request, may have a Union Representative present. . For pending disciplinary matters, or discharge under this Agreement.
36.2 The Union recognizes that unresolved grievances, upon request of the employer has Union, the authority to suspend, demote, discharge or take other appropriate Board shall disclose all evidence in support of the proposed disciplinary action against employees for just cause. Any employeeand provide copies of documentation in its possession, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to provided the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served such copies is not restricted by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employeeapplicable law. When an employee a teacher is off duty including on approved leave whether it be vacation, injury or any other form informed of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and hehis/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) yearsher discipline, he/she may make a written request that all disciplinary actionto meet with the Assistant Superintendent of Human Resources to review the decision. Such request must be filed within ten (10) working days of receiving such notice. The meeting with the Assistant Superintendent shall be held as promptly as possible, excluding demotion, suspension and dismissal, over three but in no case shall be delayed more than fifteen (315) years old be removed from his/her file maintained in calendar days after receiving the City Personnel Department.
36.7 Except, pursuant written request. The employee shall have the right to a court orderUnion Representative at such meeting, or and shall have the right to present arguments and witnesses on her/his behalf. Recommendations by consent of the employeeAssistant Superintendent, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal natureif any, shall be given to, or maintained by anyone outside communicated to the City's Police Department or Superintendent and the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting teacher in writing. In the event the employee is dissatisfied with the determination the employee shall have the right to representation granted an employee by City ordinancea meeting either with the Board of Education, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigatorcommittee appointed by the Board, if such employee reasonably suspects that which may meet in closed session to consider the subject matter of such meeting could result in disciplinary actionmatter.
Appears in 1 contract
Samples: Contractual Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but 31.1 Discipline shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's limited to oral reprimand, written complaintreprimand, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissaldischarge or, over with the concurrence of the employee, an alternative form of disciplinary sanction. Disciplinary action shall be progressive in nature, but may be imposed at any level as determined by the severity of the conduct involved and all relevant circumstances. Notice of disciplinary action (other than oral reprimand) shall be in writing and given to the employee, with a copy to the Association on the same day issuance of the discipline occurs. No career employee shall be disciplined without just cause.
31.2 If the County has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Nothing in this section shall preclude the County from posting information about the employee’s conduct and the discipline imposed provided the following conditions are met:
A. The notice is limited to internal use within the Sheriff’s Office;
B. The notice does not include the employee’s name; and
C. If the discipline is grieved by the Association and/or the employee, the notice shall be withheld until the conclusion of the grievance procedure.
31.3 Internal investigations will be conducted in accordance with the Office’s Internal Investigation Procedures. The Association may designate up to two representatives to participate in any interviews conducted with the subject of the investigation, provided the subject of the investigation has requested Association representation. The parties agree that in any such interview where two representatives are present, the Association shall designate one of the representatives as the spokesperson for the Association. Prior to any changes in the Internal Investigation Procedures, input will be solicited from the Association, and changes that are mandatory subjects of bargaining shall be subject to bargaining requirements under ORS 243.650, et seq.
31.4 If an employee believes that an oral or written reprimand which is at least three (3) years old should no longer be considered relevant to his/her performance, the employee may ask the Sheriff to remove the item from the employee’s personnel file. The Sheriff’s decision in response to such a request is not subject to appeal. Documents relating to discipline, including oral reprimand, written reprimand or suspension, shall be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, ’s personnel and discipline files at the employee’s request after seven (7) years if the employee has had no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, additional discipline during the seven-year period. 31.5 Pre-disciplinary meetings shall be given to, offered by the County prior to the issuance of any discipline greater than a written reprimand. The employee may accept or maintained by anyone outside decline the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of offer and such meeting could result in disciplinary actionwill not be used to compel answers from the employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving Section 1: Upon substantiation of an entry level probationary period shall have no right to appeal his allegation or her discipline complaint of misconduct from within the department or discharge under this Agreement.
36.2 The Union recognizes that from outside the employer has the authority to suspend, demote, discharge or take other appropriate department which may result in disciplinary action against employees an employee, but in no case more than seven (7) calendar days after the receipt of an allegation or complaint, the Chief shall inform the employee of the nature of the accusation. The employee shall, at the time of notification, if he/she so desires, have the right to consult privately with a representative of the Union present during any discussions occurring between the employee and the Chief regarding the allegation or complaint of misconduct. The employee shall respond to the complaint or allegation verbally at the time of notification if ordered to do so by the Chief. If the employee is unable to reply accurately, he/she will have the opportunity to review the appropriate written records before responding. Proceedings shall be electronically recorded by either party. Responses involving possible criminal conduct may only be used to resolve internal Police Department misconduct complaints and may not be used in any criminal court proceedings against the employee.
a) In severe cases where it is necessary for the Chief to immediately relieve the employee of duty, the employee shall be informed of the reason for his/her suspension from duty and be allowed the opportunity to discuss his/her relief from duty with a representative of the Union before being required to leave the premises. In the event an employee is relieved of duty, such time shall be with pay until returned to duty, reassigned, suspended, or discharged.
b) Exceptions to the notification procedure may be made when the complaint or accusation is of a serious criminal nature and to notify the employee would hinder the investigation. Notification shall be delayed no longer than is absolutely necessary to complete the investigation.
Section 2: The Chief, after notifying the employee of the complaint or accusation in accordance with Section 1 above shall, as soon as possible, reduce the allegations or complaint to writing and cause it to be presented to the employee within five (5) calendar days, or if the employee was relieved of duty in accordance with Section 1 (a) of this Article, the Chief shall give positive notification of the allegations to the employee not later than the conclusion of the next day. The employee shall have until his/her next working day after receipt of the written allegation to reply. If the employee's reply is unclear to the Chief, the reply shall be returned to the employee for clarification. The employee shall have forty-eight (48) hours to submit a clarification. The names of all witnesses and any written statements made by witnesses will be shared with the employee. The investigation shall be conducted with all possible haste and, except for complicated
Section 3: The Chief shall, upon completion of his/her investigation, administer appropriate discipline if warranted and forward a copy of said discipline to the employee in writing. Discipline shall only be for just cause. Any employee.
Section 4: In the event the employee believes the discipline administered by the Chief was unjust, except an entry-level probationary employee, who is it shall be a proper subject to discipline may appeal same pursuant to for the grievance procedure or provided a written grievance is presented to the Civil Service Commission Chief pursuant to Title VI Step 2 of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than within five (5) calendar days after such delivery the Chief has notified the employee of the notice discipline and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail administered same to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may Section 5: In the event it should be initiated at step three of decided under the grievance procedure within seven (7) days that the employee was unjustly discharged or suspended, the Employer shall reinstate such employee and pay full compensation, partial or no compensation as may be decided under the grievance procedure. Such compensation, if any, shall be at the rate of the employee's straight time earnings during the pay period immediately preceding the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing discharge or suspension less such compensation as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old have earned at other employment during such period. Any reference to the incident will be removed expunged from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary to accomplish any personnel action’s record.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but 31.1 Discipline shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's limited to oral reprimand, written complaintreprimand, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissaldischarge or, over with the concurrence of the employee, an alternative form of disciplinary sanction. Disciplinary action shall be progressive in nature, but may be imposed at any level as determined by the severity of the conduct involved and all relevant circumstances. Notice of disciplinary action (other than oral reprimand) shall be in writing and given to the employee, with a copy to the Association on the same day issuance of the discipline occurs. No career employee shall be disciplined without just cause.
31.2 If the County has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Nothing in this section shall preclude the County from posting information about the employee’s conduct and the discipline imposed provided the following conditions are met:
A. The notice is limited to internal use within the Sheriff’s Office;
B. The notice does not include the employee’s name; and
C. If the discipline is grieved by the Association and/or the employee, the notice shall be withheld until the conclusion of the grievance procedure.
31.3 Internal investigations will be conducted in accordance with the Office’s Internal Investigation Procedures. The Association may designate up to two representatives to participate in any interviews conducted with the subject of the investigation, provided the subject of the investigation has requested Association representation. The parties agree that in any such interview where two representatives are present, the Association shall designate one of the representatives as the spokesperson for the Association. Prior to any changes in the Internal Investigation Procedures, input will be solicited from the Association, and changes that are mandatory subjects of bargaining shall be subject to bargaining requirements under ORS 243.650, et seq.
31.4 If an employee believes that an oral or written reprimand which is at least three (3) years old should no longer be considered relevant to his/her performance, the employee may ask the Sheriff to remove the item from the employee’s personnel file. The Sheriff’s decision in response to such a request is not subject to appeal. Documents relating to discipline, including oral reprimand, written reprimand or suspension, shall be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, shall be given to, or maintained by anyone outside ’s personnel and discipline files at the City's Police Department or the city administration, except as necessary to accomplish any personnel action.
36.8 Without limiting the right to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.employee’s request after seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period 16:1 The power of suspension and discharge shall rest with the Board of Police Commissioners except that the power of suspension may be delegated to the Chief of Police or his/her designee. The Chief of Police may impose punitive suspensions for periods not to exceed two (2) calendar weeks. Superior officers, so designated, shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspendrelieve from duty for cause only, demote, discharge or take other appropriate any member of the Department. Such action shall immediately be reported to the Chief of Police for such action as the Chief may deem necessary.
16:2 Further disciplinary action against employees by the Chief or his designee will take place after the employee has been given the opportunity to appear before the Chief of Police to answer charges, with or without Union representation as he/she may so desire, within a period of twenty-four (24) hours from the time the Chief decides to take action, excluding Saturdays, Sundays, and holidays.
16:3 The Chief of Police shall attempt to notify the employee of the charges involved and of the hearing; and, if unable, shall notify an official of the Union. If, for just causegood reason, either side cannot meet within the twenty-four (24) hour period, such hearing shall be rescheduled as soon as possible. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant In severe cases warranting immediate reference to the grievance procedure or to Board of Police Commissioners for disciplinary action beyond the Civil Service Commission pursuant to Title VI powers of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. SpecificallyChief or his/her designee, the grievance procedure set forth herein Chief may not be utilized by an employee who has utilized the Civil Service appeal proceduresuspend immediately pending Board hearing which shall take place within fourteen (14) days from date of suspension.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered 16:4 Any member who may be suspended by the Chief of Police, Police has the Chief right of appeal to the Board of Police shall provide Commissioners. In the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after event of such delivery of the notice and an opportunity to respond orally or appeal, which must be made in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided Board with a copy of to the complaint in writing as soon as possible and he/she shall respond, if requested, Chief within forty-eight (48) hours, the suspension shall be held in abeyance except as noted in Section 16:3 until the hearing and decision of the Board of Police Commissioners shall have been made.
16:5 In the event of such appeal to the Board of Police Commissioners, the Board shall act not later than its next regular meeting after receipt of said appeal. The Board of Police Commissioners shall be responsible for all disciplinary hearings outside of the grievance procedure should the disciplined employee feel said discipline was given without just cause. All witnesses shall be sworn, mechanical recording equipment may be used to record the testimony, and all persons concerned shall have the right and choice of representation. Such an employee hearings shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent closed to the officer's receipt public unless an open hearing is requested by the employee. The conclusions of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employee will be notified as soon as possible of the resolution.
36.6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three (3) years old be removed from his/her file maintained in the City Personnel Department.
36.7 Except, pursuant to a court order, or by consent of the employee, no portion of an investigative Internal Affairs report, on a matter which is not of a criminal nature, hearing shall be given to, or maintained by anyone outside the City's Police Department or the city administration, except as necessary reduced to accomplish any personnel action.
36.8 Without limiting the right writing with copies distributed to representation granted an employee by City ordinance, City Charter, law or constitution, any employee shall be entitled to representation by attorney, union representative or fellow employee in any meeting with a supervisor or internal affairs investigator, if such employee reasonably suspects that the subject matter of such meeting could result in disciplinary action.all concerned within fourteen
Appears in 1 contract
Samples: Working Agreement
