Common use of DISCIPLINE AND DISMISSAL PROCEDURE Clause in Contracts

DISCIPLINE AND DISMISSAL PROCEDURE. A. Disciplinary action shall be only for just cause, however, when the City takes any disciplinary action resulting from Charges against an employee, said action will be initiated no later than thirty-five (35) days actually worked by the employee after official notice of the investigation has been given to the employee and to the Union. Official notice of an investigation is defined as the issuance of a form, S-93 or other such form used for this purpose that is served when an employee is under investigation. The issuance of this form shall occur no later than ten (10) actual work days following the date Management becomes aware of the alleged infraction and shall be the basis for the start of the aforementioned thirty-five (35) day time. The total time limit of forty-five (45) actual workdays includes the investigation, and may be waived by mutual agreement of Management and the Union. B. When Management suspends, reduces in rank or dismisses an employee, such employee may be conditionally suspended pending hearing thereon. Prior to any suspension, reduction or dismissal, the City shall deliver or mail a copy of the Charges and Specifications to the Regional Director of the Union and the Union President, provided that the Union President is employed by the City of Dayton. The hearing on said Charges and Specifications will be held no sooner than seven (7) calendar days from the date of receipt by either Union official. Should the Union fail to receive a copy of the Charges and Specifications as prescribed herein, the hearing shall be rescheduled by Management. The Charges and Specifications shall state the alleged violations and set the time and place for a hearing before the Department Director or their designated representative. Management shall issue its Findings after such disciplinary hearing, but not later than ten

DISCIPLINE AND DISMISSAL PROCEDURE. A. Disciplinary action shall be only for just cause, however, when the City takes any disciplinary action resulting from Charges against an employee, said action will be initiated no later than thirty-five (35) days actually worked by the employee after official notice of the investigation has been given to the employee and to the Union. Official notice of an investigation is defined as the issuance of a form, S-93 S- 93 or other such form used for this purpose that is served when an employee is under investigation. The issuance of this form shall occur no later than ten (10) actual work days following the date Management becomes aware of the alleged infraction and shall be the basis for the start state of the aforementioned thirty-five (35) day time. The total time limit of forty-five (45) actual workdays includes the investigation, and may be waived by mutual agreement of Management and the Union. B. When Management suspends, reduces in rank or dismisses an employee, such employee may be conditionally suspended pending hearing thereon. Prior to any suspension, reduction or dismissal, the City shall deliver or mail a copy of the Charges and Specifications to the Regional Director of the Union and the Union President, provided that the Union President is employed by the City of Dayton. The hearing on said Charges and Specifications will be held no sooner than seven (7) calendar days from the date of receipt by either Union official. Should the Union fail to receive a copy of the Charges and Specifications as prescribed herein, the hearing shall be rescheduled by Management. The Charges and Specifications shall state the alleged violations and set the time and place for a hearing before the Department Director or their his/her designated representative. Management shall issue its Findings after such disciplinary hearing, but not later than tenten (10) days after the close of the Departmental disciplinary hearing. C. Disciplinary action involving any suspension, a reduction in rank or dismissal by the Department Director, approved by the City Manager, may be appealed by the employee, either independently or through the Union, either to the Civil Service Board in accordance with the City Charter and Civil Service Rules and Regulations, or through the grievance and arbitration procedure set forth in this Agreement, to be introduced at Step 3 where the Division Manager served as the hearing officer, or at Step 4 where the Department Director served as the hearing officer. D. When any disciplinary action listed above is taken, the employee shall have ten (10) calendar days if appealing to Civil Service or ten (10) work days if appealing through the grievance and arbitration procedure, from the effective date of the suspension, reduction or dismissal in which to elect his/her appeal procedure, and such election must be made in writing to the Civil Service Board. If the election is for the grievance and arbitration procedure, it shall include a written waiver of his/her right to appeal to Civil Service and to the courts. If no election is filed, the matter will be considered resolved. E. In no case shall the employee be permitted to appeal any grievance through both the Civil Service Board and the grievance and arbitration procedure. In the event the employee submits both a grievance and arbitration procedure election and an appeal to Civil Service, the employee shall be automatically deemed to have elected an appeal to Civil Service only. If an employee elects to pursue an appeal to Civil Service, this election shall be deemed as a written waiver of an employee’s right to representation by the Union. F. At any time Management conducts a disciplinary meeting with an employee for the purpose of determining whether or not the employee committed an infraction which could result in disciplinary action of record (i.e., a reprimand, suspension, reduction in rank, or dismissal), the employee is entitled to have a Xxxxxxx present. The right to Xxxxxxx representation is contingent upon the employee’s requesting such representation and is limited to those situations in which the employee reasonably believes the investigation may result in disciplinary action. An employee who requests representation pursuant to this section may require the supervisor to verify in writing that said request was denied or a Xxxxxxx is not necessary. A copy of the written verification shall be given to the employee immediately after signing by the supervisor or as soon as possible thereafter. G. After two (2) years from date of issue, any and all reprimands shall not be considered in subsequent determinations of discipline and shall be removed from the employee’s personnel file at his/her written request. The City shall fax and/or mail and/or hand deliver to the Chapter Chairperson, a copy of each reprimand issued to any member of the bargaining unit. Police Department training memos, a record of instruction given and documented, will be retained in file for not more than two (2) years. No progressive disciplinary action will be initiated by Management based on a training memo or counseling that is older than two (2) years. After three (3) years from the date of suspension, a suspension of five (5) days or less shall not be considered in subsequent disciplinary actions and the Charges and Findings shall be removed from an employee’s personnel file at his/her written request to Human Resources. After four (4) years from the date of suspension, a suspension greater than five (5) days shall not be considered in subsequent disciplinary actions and the Charges and Findings shall be removed from an employee’s personnel file at his/her written request to Human Resources. H. In the event that discipline is rendered against an employee and results in a suspension of ten (10) or less days, the employee shall have the option of forfeiting up to eighty (80) hours of vacation in a twelve (12) month period. If the employee chooses to forfeit vacation, the forfeiture shall be one hour of vacation for each one hour of the suspension. The forfeiture of vacation will constitute discipline of record, shall be accordingly noted in the employee’s personnel file, and shall constitute the final resolution of the departmental charges. No loss of seniority shall occur should the employee choose this option. I. The Union and the City recognize the potential benefit and mutual interest of the parties in having a clear and fair corrective action/discipline system. Upon request of either party, a LMC subcommittee will meet to focus on, explore, evaluate and discuss the current disciplinary process and possible alternatives. The subcommittee focus group will forward its recommendations and report to the LMC Steering Committee by July 1, 2015. Each party will select its committee members. J. Discovery rights shall be afforded to employees. Discovery shall be provided in a timely manner prior to the Departmental disciplinary hearing and entitles either party to the following information: (1) The names of all known individuals who witnessed the incident(s) giving rise to the Departmental Charges and who do not request to remain anonymous; (2) Copies of all reports, transcripts of interviews, written statements, recordings, photographs, supervisory investigative reports and other documentary evidence regarding the incidents(s) giving rise to the Charges and (3) Either party has the right to inspect any physical evidence or reproductions thereof regarding the incidents giving rise to the Charges.