Common use of DISCIPLINE AND DISMISSAL Clause in Contracts

DISCIPLINE AND DISMISSAL. 10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail, which shall be the date of issuance. 10.5 The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District’s Personnel Policies & Procedures Manual. 10.7 Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct. The District may substitute documented suspensions without pay for written reprimands. 10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District’s proposed discipline. 10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) shall not be considered discipline.

DISCIPLINE AND DISMISSAL. 10.1 10.1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unitUnit: verbal reprimand, ; written reprimand, ; suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay grade, or dismissal. 10.2 10.2. Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 10.3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 10.4. A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s 's last known address. Such personal delivery or mailing shall will be presumed to provide actual notice to the affected employee. The Notice of Intent shall will indicate the date on which it was personally delivered or deposited in the mail, which shall will be the date of issuance. 10.5 10.5. The Notice of Intent shall will contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3action; (3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline discipline, or to a District management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District’s Personnel Policies & Procedures Manual. 10.7 Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct. The District may substitute documented suspensions without pay for written reprimands. 10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District’s proposed discipline. 10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) shall not be considered discipline.ten

DISCIPLINE AND DISMISSAL. 10.1 1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 2. Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 4. A Notice notice of Intent intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail, which shall be the date of issuance. 10.5 5. The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 6. Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District’s Personnel Policies & Procedures ManualHuman Resources policies and procedures. 10.7 7. Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct. The District may substitute documented suspensions without pay for written reprimandswarnings. 10.8 8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 9. Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources DepartmentOffice. Documentation regarding verbal and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, Resources agrees to remove disciplinary action documentation from an employee’s personnel file, such documentation shall be retained in a separate file by the Human Resources Department Office for the purpose of showing that progressive discipline has been followed or in support of the District’s proposed discipline. 10.10 10. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 11. A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) , reduction from Step 6 to Step 5 pursuant to Article 13 shall not be considered discipline.

DISCIPLINE AND DISMISSAL. 10.1 10.1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, ; written reprimand, ; suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay grade, or dismissal. 10.2 10.2. Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 10.3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand reprimand, or written reprimand. 10.4 10.4. A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, grade or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s 's last known address. Such personal delivery or mailing shall will be presumed to provide actual notice to the affected employee. The Notice of Intent shall will indicate the date on which it was personally delivered or deposited in the mail, which shall will be the date of issuance. 10.5 10.5. The Notice of Intent shall will contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3action; (3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline discipline, or to a District management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall will also advise the employee of his or her the right to representation. 10.6 10.6. Prior to the effective date of the proposed disciplinary action, the employee shall will be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District shall will notify the employee in writing of the action that shall will be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District’s Personnel Policies & and Procedures Manual. 10.7 10.7. Dismissal shall will be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct. The District may substitute documented suspensions without pay for written reprimands. 10.8 10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall will be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall will schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall will be final. 10.9 10.9. Disciplinary actions will be recorded in employee performance reviews. All disciplinary action documentation shall documentation, except verbal reprimand documentation, will be placed maintained in an employee's personnel file Personnel File in the Human Resources Department. Documentation regarding Verbal reprimand documentation will be maintained in the supervisor’s employee files. Supervisors shall inform management staff when a verbal and written reprimand is to be implemented. If after twenty-four (24) months from implementation, there have been no recurrences of similar incidents; supervisors shall destroy the verbal reprimand documentation. 10.10. Written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that the issuance if there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, management agrees to remove the disciplinary action documentation from an employee’s personnel file, such documentation shall will be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the District’s District proposed discipline. 10.10 10.11. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall will be construed as a waiver of any statutory or constitutional rights. 10.11 10.12. A reduction in pay or a demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) shall will not be considered discipline.

DISCIPLINE AND DISMISSAL. 10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 . Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District DistrictOC San for just cause. 10.3 . A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 . A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail, which shall be the date of issuance. 10.5 . The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District an DistrictOC San management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 . Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District DistrictOC San shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District DistrictOC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the DistrictDistrictOC San’s Personnel Policies & Procedures Manual. 10.7 . Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possessionposses­sion, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District DistrictOC San property or funds, fighting fight­ing on the job, insubordination, acts endangering people or property, or other serious misconduct. The District DistrictOC San may substitute documented suspensions without pay for written reprimands. 10.8 . If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- post-disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the DistrictDistrictOC San. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 . Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the DistrictDistrictOC San’s proposed discipline. 10.10 . Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) shall not be considered discipline.

DISCIPLINE AND DISMISSAL. 10.1 1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, ; written reprimand, ; suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay grade, or dismissal. 10.2 2. Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand reprimand, or written reprimand. 10.4 4. A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, grade or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s 's last known address. Such personal delivery or mailing shall will be presumed to provide actual notice to the affected employee. The Notice of Intent shall will indicate the date on which it was personally delivered or deposited in the mail, which shall will be the date of issuance. 10.5 5. The Notice of Intent shall will contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3action; (3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline discipline, or to a District management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall will also advise the employee of his or her the right to representation. 10.6 6. Prior to the effective date of the proposed disciplinary action, the employee shall will be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District shall will notify the employee in writing of the action that shall will be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District’s Personnel Policies & Procedures ManualHuman Resources policies and procedures. 10.7 7. Dismissal shall will be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct. The District may substitute documented suspensions without pay for written reprimands. 10.8 8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall will be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall will schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall will be final. 10.9 9. Disciplinary action documentation shall will be placed in an employee's personnel file Personnel File in the Human Resources DepartmentOffice. Documentation regarding verbal reprimands and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, the issuance provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, Resources agrees to remove the disciplinary action documentation from an employee’s personnel file, such documentation shall will be retained in a separate file by the Human Resources Department Office for the purpose of showing that progressive discipline has been followed or in support of the District’s District proposed discipline. 10.10 10. Verbal reprimands and reprimands, written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall will be construed as a waiver of any statutory or constitutional rights. 10.11 11. A reduction in pay or a demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation, reduction from Step 6 to Step 5 pursuant to Article 13) shall will not be considered discipline.

DISCIPLINE AND DISMISSAL. 10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District OC San for just cause. 10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail, which shall be the date of issuance. 10.5 The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District an OC San management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District OC San shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District OC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the DistrictOC San’s Personnel Policies & Procedures Manual. 10.7 Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District OC San property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct. The District OC San may substitute documented suspensions without pay for written reprimands. 10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the DistrictOC San. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the DistrictOC San’s proposed discipline. 10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) shall not be considered discipline.

DISCIPLINE AND DISMISSAL. 10.1 1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay, or demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 2. Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District for just cause. 10.3 3. A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 4. A Notice notice of Intent intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail, which shall be the date of issuance. 10.5 5. The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 6. Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the District’s Personnel Policies & Procedures ManualHuman Resources policies and procedures. 10.7 7. Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on the job, insubordination, acts endangering people or property, or other serious misconduct. The District may substitute documented suspensions without pay for written reprimandswarnings. 10.8 8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the District. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 9. Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources DepartmentOffice. Documentation regarding verbal and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, Resources agrees to remove disciplinary action documentation from an employee’s personnel file, such documentation shall be retained in a separate file by the Human Resources Department Office for the purpose of showing that progressive discipline has been followed or in support of the District’s proposed discipline. 10.10 10. Verbal reprimands reprimands, and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 11. A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) , reduction from Step 6 to Step 5 pursuant to Article 13 shall not be considered discipline.

DISCIPLINE AND DISMISSAL. 10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. 10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the District OC San for just cause. 10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written reprimand. 10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail sent to the employee’s last known address. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail, which shall be the date of issuance. 10.5 The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the effective date of the action; (2) the reasons for the proposed action;(3) a copy of the charges and materials upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or in writing to the person initially imposing the discipline or to a District OC San management representative with authority to make an effective recommendation on the proposed action, the person to whom any response must be directed, and the fact that such response must be received within ten (10) business days of the date of issuance of the notice. The Notice shall also advise the employee of his or her right to representation. 10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity to respond either verbally or in writing to a management representative with authority to make an effective recommendation on the proposed action. After review of an employee's response, the District OC San shall notify the employee in writing of the action that shall be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District OC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the DistrictOC San’s Personnel Policies & Procedures Manual. 10.7 Dismissal shall be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of District OC San property or funds, fighting on the job, insubordination, acts endangering people or property, “no call/no show” or other serious misconduct. The District OC San may substitute documented suspensions without pay for written reprimands. 10.7.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered "no call/no show" and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination. 10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post- disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date shall be the first business day following the final day of the suspension). The Director of Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the DistrictOC San. The hearing officer will provide a written, advisory decision to the General Manager. The General Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the issuance of a further Notice of Intent. The decision of the General Manager shall be final. 10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources Department. Documentation regarding verbal and written reprimands may be removed from an employee’s personnel file twenty-four (24) months subsequent to the date of issuance, provided that there has been no recurrence of a similar incident during the period. If the Director of Human Resources, or designee, agrees to remove disciplinary action documentation from an employee’s personnel file, such documentation shall be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of the DistrictOC San’s proposed discipline. 10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or constitutional rights. 10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, “bumping” associated with layoffs, reasonable accommodation) shall not be considered discipline.