Common use of Discipline/Corrective Action Clause in Contracts

Discipline/Corrective Action. No employee shall, by reason of his employment, be deprived of any rights or freedoms, which are afforded to other citizens of the United States by the State and Federal Constitutions and Washington law. No employee shall be compelled by the City to give self-incriminating information, either verbal or written, during any criminal investigation when such investigation involves allegations against the employee nor in any internal investigation which could lead to a criminal charge against the employee. Any refusal by an employee to give self- incriminating information under these conditions will not result in the employee’s termination, suspension, reprimand, transfer, or any other form of disciplinary action by the City. The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral reprimands, which will be documented; • written reprimands; • disciplinary transfer; • suspension with or without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline. Employees shall have the right to provide a written response to any written disciplinary action to be included in the personnel file, which, together with the action, will be retained in the personnel file, for so long as the disciplinary action is retained. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Guild in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Guild and/or legal representative at such an interview. Upon request, the employee shall be afforded a Guild representative. The Employer will delay the interview for a reasonable period of time in order to allow a Guild representative an opportunity to attend. If a Guild representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral and written reprimands). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a copy of the investigative file as per Article 7.7.7, and a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Guild representation during that meeting, upon request. (Xxxxxxxxxx rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Guild representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause.

Discipline/Corrective Action. No employee shall, by reason of his employment, be deprived of any rights or freedoms, which are afforded to other citizens The Administration of the United States Police Department shall adopt reasonable rules and regulations for the conduct of its employees. It is agreed that the Police Department has the right to discipline, demote or discharge employees for just cause. Section 1. The City agrees that before disciplinary action is taken against any member of the bargaining unit, notice will be given to the employee by the State Police Chief, or designee, that the employee has become the subject of a formal internal affairs investigation which might result in disciplinary action as defined below in this article. This notification shall be in writing and Federal Constitutions and Washington lawprovided to the employee 48 hours prior to any formal interview conducted by the Deputy Chief or designee when acting in the capacity of Internal Affairs Officer. No The written notice given to the employee shall notify the employee that he/she is the subject of an Internal Affairs investigation which may result in disciplinary action, and provide sufficient information concerning the nature or subject of the investigation so as to reasonably apprise him/her of the allegations. Section 2. The employee may voluntarily waive the 48-hour period between the receipt of such notification and the Internal Affairs interview. In such instances, the waiver shall be compelled in writing and a copy shall be forwarded to the bargaining unit representative. Section 3. At the conduct of such Internal Affairs interviews, and if the employee so requests, an FOP representative shall be present, and may participate to the extent required by law. Section 4. It is understood that this Article applies to employees who are the subject of an investigation which could reasonably be expected to lead to the employee's suspension, demotion or termination. Nothing in this Article shall be construed so as to prevent the interviewing by supervisory personnel of their subordinates as necessary for the conduct of departmental business, or the routine investigation of complaints. The FOP also recognizes the need of the City to give self-incriminating informationclarify citizen inquiries or complaints in a timely fashion. Further, either verbal or written, during any criminal investigation when such investigation involves allegations against the employee nor in any internal investigation which could lead to a criminal charge against the employee. Any refusal by an employee to give self- incriminating information under these conditions will not result in the employee’s termination, suspension, reprimand, transfer, or any other form of disciplinary action by the City. The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral reprimands, which will be documented; • written reprimands; • disciplinary transfer; • suspension with or without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon this Article shall not be construed so as admission of guilt or concurrence with to prevent the discipline. Employees shall have City from interviewing other employees, not directly the right to provide a written response to any written disciplinary action to be included in the personnel file, which, together with the action, will be retained in the personnel file, for so long as the disciplinary action is retained. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result subject of the grievance procedure utilizationinvestigation, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievancewithout prior notice or FOP representation present. Section 5. The Employer will notify the Guild in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right interview of an employee who reasonably believes shall be at a reasonable hour, unless the exigency of the interview dictates otherwise. At the cost of the requesting party, the employee or the City may request that an investigatory investigative interview with a supervisor may result in discipline to request the presence of a Guild and/or legal representative at such an interviewbe recorded. There can be no "off-the-record" questions. Upon request, the employee under investigation shall be afforded provided an exact copy of any written statement the employee has signed or, at the employee's expense, a Guild representativeverbatim transcript of the interview. Section 6. The Employer employee will delay the interview for a reasonable period of time in order be required to allow a Guild representative an opportunity answer any questions involving administrative (as opposed to attendcriminal) matters under investigation. If a Guild representative is not available or delay is not reasonablePrior to any questioning, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral and written reprimands). The Employer must provide a notice and statement will be notified in writing of their rights pursuant to the employee identifying the performance violations or misconduct allegedDepartment's "Internal Investigation Warning". Section 7. Absent unusual circumstances, a copy interviewing of the investigative file as per Article 7.7.7, and employee shall be completed within a finding of fact and the reasons for the proposed actionreasonable time. The employee shall be given entitled to such brief necessary intermissions as the employee shall reasonably request. The employee shall not be subjected to any profane language. The City will not initiate an opportunity offer of promises or rewards as an inducement to respond answer questions. Section 8. Nothing in this Article shall be construed as to prevent the Police Chief or other supervisory officers from immediately relieving any subordinate officer from duty, pending disciplinary action. Such relieving of duty shall not be a loss of pay or benefits during pendency of disciplinary action. Section 9. No employee shall be required to take a polygraph test. This provision does not apply to applicants for employment. Section 10. Within a reasonable period after the conclusion of the investigation, and no later than forty-eight (48) hours prior to a pre-disciplinary hearing, the employee shall be advised of the results of the investigation and the recommended disposition (which may be a range of possible dispositions). In cases where discipline is contemplated, the employee shall be provided a copy of the investigatory file (excluding information from and the identity of confidential informants, and other witnesses requesting confidentiality, upon which the Department does not intend to rely). Section 11. Any disciplinary action will be taken within 20 days of the date the completed investigation file is brought to the charges in a meeting with attention of the EmployerPolice Chief. The City may request that the FOP extend this twenty (20) day period, and shall have the right to Guild representation during that meeting, upon request. (Xxxxxxxxxx rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Guild representation if requested by the employee. Discipline shall such requests will not be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just causeunreasonably denied.

Discipline/Corrective Action. No employee shall‌ Any discipline, by reason demotion, or discharge of his employment, be deprived of any rights or freedoms, which are afforded to other citizens of the United States by the State and Federal Constitutions and Washington law. No a regular employee shall be compelled by the City to give self-incriminating information, either verbal or written, during any criminal investigation when such investigation involves allegations against the employee nor in any internal investigation which could lead to a criminal charge against the employee. Any refusal by an employee to give self- incriminating information under these conditions will not result in the employee’s termination, suspension, reprimand, transfer, or any other form of disciplinary action by the City. The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for based upon just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline and/or corrective action may include: • oral reprimandswarnings, which will be identified as such by the City and documented; • written reprimands; • disciplinary transfer, which may also include work performance improvement or corrective action plan for poor work performance or misconduct; • suspension with or without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary Disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall document that the employee has seen and comprehends the gravity of the disciplinary action. Employees shall have the right to provide a review and submit written response to any written comment on disciplinary action to be included actions in the their personnel file, which, together with the action, will be retained in the personnel file, for so long as the disciplinary action is retained. A copy of all the disciplinary notices notice shall be provided to the employee before such material it is placed in their the personnel file. Employees disciplined who are issued a written reprimand, suspended without pay, demoted, or discharged shall be entitled to utilize may use the grievance procedure. If, as a result of the grievance procedure utilization, just cause a different result is not shownwarranted, personnel records shall be cleared of reference to reflect the incident, which gave rise to the grievancerevised result. The Employer City will notify the Guild Union in writing within three (3) working days after any notice of dischargedischarge is issued. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an An employee who reasonably believes that an investigatory interview with a supervisor may result in discipline has the right to request the presence of a Guild and/or legal Union representative at such an interview. Upon request, the employee shall be afforded a Guild Union representative. The Employer City will delay the interview for a reasonable period of time in order to allow a Guild Union representative an opportunity to attend. If a Guild Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral and greater than a written reprimands)reprimand. The Employer City must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a copy of the investigative file as per Article 7.7.7, and a finding of fact fact, and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the EmployerCity, and shall have the right to Guild Union representation during that meeting, upon request. (Xxxxxxxxxx rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Guild representation if requested by the employee. Discipline shall greater than an oral warning may be subject to the grievance procedure as identified in this Agreement as it relates to whether or not such action as to any post-probationary employee was for just cause.

Discipline/Corrective Action. No employee Employee shall, by reason of his employment, be deprived of any rights or freedoms, which are afforded to other citizens of the United States by the State and Federal Constitutions and Washington law. No employee Employee shall be compelled by the City to give self-incriminating information, either verbal or written, during any criminal investigation when such investigation involves allegations against the employee Employee nor in any internal investigation which could lead to a criminal charge against the employeeEmployee. Any refusal by an employee Employee to give self- self-incriminating information under these conditions will not result in the employeeEmployee’s termination, suspension, reprimand, transfer, or any other form of disciplinary action by the City. The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee Employee and any such discipline, dismissal or demotion shall be made only for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral reprimands, which will be documented; • written reprimands; • disciplinary transfer; • suspension with or without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee Employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee Employee will be requested to sign the disciplinary action. The employeeEmployee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline. Employees shall have the right to provide a written response to any written disciplinary action to be included in the personnel file, which, together with the action, will be retained in the personnel file, for so long as the disciplinary action is retained. A copy of all disciplinary notices shall be provided to the employee Employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Guild in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee Employee may file a grievance. The Employer recognizes the right of an employee Employee who reasonably believes that an investigatory interview with a supervisor Supervisor may result in discipline to request the presence of a Guild and/or legal representative at such an interview, provided such is neither a material witness nor the subject of the investigation. Upon request, the employee Employee shall be afforded a Guild representative. The Employer will delay the interview for a reasonable period of time in order to allow a Guild representative an opportunity to attend. If a Guild representative is not available or delay is not reasonable, the employee Employee may request the presence of a bargaining unit witness. (Xxxxxxxxxx rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral and written reprimands). The Employer must provide a notice and statement in writing to the employee Employee identifying the performance violations or misconduct alleged, a copy of the investigative file as per Article 7.7.7, and a finding of fact and the reasons for the proposed action. The employee Employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Guild representation during that meeting, upon request. (Xxxxxxxxxx rights) The Employer shall endeavor to correct employee Employee errors or misjudgments in private, with appropriate Guild representation if requested by the employeeEmployee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee Employee was for just cause.