Due Process Notice and Meeting. In any discipline resulting in termination, suspension, or reduction of pay, employees shall receive before the imposition of such discipline: A. A statement of improper conduct, inadequate performance, or other cause for discipline engaged in by the employee; and B. A statement that suspension, reduction in pay, demotion or dismissal is being considered as a possible sanction to the stated improper conduct, inadequate performance or other cause; and C. A statement of the time within which the employee may choose to respond to the statement of cause and statement of discipline under consideration. An employee who has been notified that suspension, reduction in pay, demotion or dismissal is under consideration must be given this notice at least two (2) twenty-four (24)-hour working days prior to the date of the due process meeting. Extensions requested by the xxxxxxx will not exceed three (3) additional twenty-four (24)-hour working days to respond to the statements in the notice including providing mitigating evidence. The county and the Union may, by mutual agreement, extend the time to respond past the two (2) or five (5) days. An employee may then be suspended, reduced in pay, demoted or dismissed if: 1. The employee has responded to the statements in the notice that suspension, reduction in pay, demotion or dismissal is under consideration and the employee’s response has been received and reviewed by the appointing power; or 2. The employee has not responded to the statements in the notice within the time stated in the notice that suspension, reduction in pay, demotion or dismissal is under consideration. Suspension, reduction in pay, demotion or dismissal shall be by written notice to the local Union president, local chief xxxxxxx, SEIU Member Resource Representative, and the employee. Suspension, reduction in pay or dismissal may be effective upon delivery of notice of dismissal to the employee or upon any stated time thereafter. The department management or elected officials shall consult with the county counsel and human resources prior to the imposition of a suspension, reduction in pay, demotion or dismissal.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Due Process Notice and Meeting. In any discipline resulting in termination, suspension, demotion, or reduction of pay, employees shall receive before the imposition of such discipline:
A. A statement of improper conduct, inadequate performance, or other cause for discipline engaged in by the employee; and
B. A statement that suspension, reduction in pay, demotion demotion, or dismissal is being considered as a possible sanction to the stated improper conduct, inadequate performance or other cause; and
C. A statement of the time within which the employee may choose to respond to the statement of cause and statement of discipline under consideration. An employee who has been notified that suspension, reduction in pay, demotion demotion, or dismissal is under consideration must be given this notice at least two three (23) twenty-four (24)-hour working days prior to the date of the due process meeting. Extensions requested by the xxxxxxx will not exceed three (3) additional twenty-four (24)-hour working days meeting to respond to the statements in the notice including providing mitigating evidence. The county representative may request an extension that will not exceed three (3) additional twenty-four (24)-hour days. The County and the Union Association may, by mutual agreement, extend the time to respond past respond. The employee and Association representative shall receive copies of any reports or writings that the two department relied upon in reaching the decision to issue the due process notice. Such reports or writings will be provided to the employee and Association representative at least three (23) or five (5) daysdays prior to the due process hearing. An employee may then be suspended, reduced in pay, demoted demoted, or dismissed if:
1. The employee has responded to the statements in the notice that suspension, reduction in pay, demotion demotion, or dismissal is under consideration and the employee’s 's response has been received and reviewed by the appointing power; or
2. The employee has not responded to the statements in the notice within the time stated in the notice that suspension, reduction in pay, demotion demotion, or dismissal is under consideration. Suspension, reduction in pay, demotion demotion, or dismissal shall be by written notice to the local Union president, local chief xxxxxxx, SEIU Member Resource Representative, Association President and the employee. Suspension, reduction in pay pay, demotion, or dismissal may be effective upon delivery of notice of dismissal to the employee or upon any stated time thereafter. The department management or elected officials shall consult with the county counsel and human resources prior to the imposition of a suspension, reduction in pay, demotion demotion, or dismissal.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Due Process Notice and Meeting. In any discipline resulting in terminationsuspension without pay, suspensionreduction in pay, demotion, or reduction of paydismissal, employees shall receive before the imposition of such discipline:
A. Any informal fact-finding or formal disciplinary investigation shall be conducted pursuant to Human Resources procedures as outlined on the Human Resources intranet page. Human Resources in its discretion or at the Association’s request, may audio record the formal disciplinary investigatory meeting. A copy of the audio recording will be provided upon request.
B. In any discipline resulting in suspension without pay, reduction in pay, demotion, or dismissal, employees shall receive before the imposition of such proposed discipline.
C. A statement of improper conduct, inadequate performance, or other cause for discipline engaged in by the employee; and.
B. a. A due process letter that includes a statement that suspensionsuspension without pay, reduction in pay, demotion demotion, or dismissal is being considered as a possible sanction to the stated improper conduct, inadequate performance or other cause; and
C. b. A statement of the time within which the employee may choose to respond to the statement of cause and statement of discipline under consideration. An employee employee, who has been notified that suspensionsuspension without pay, reduction in pay, demotion demotion, or dismissal is under consideration must be given this notice at least two (2) twenty-four (24)-hour working days prior to the date of the due process meeting. Extensions requested by the xxxxxxx will not exceed three (3) additional twenty-four (24)-hour working days to respond to the statements in the notice including providing mitigating evidence. The county and the Union may, by mutual agreement, extend the time to respond past the two (2) or five (5) days. An employee may then be suspendedsuspended without pay, reduced in pay, demoted demoted, or dismissed if:
1. The employee has responded to the statements in the notice that suspensionsuspension without pay, reduction in pay, demotion demotion, or dismissal is under consideration and the employee’s response has been received and reviewed by the appointing power; , or
2. The employee has not responded to the statements in the notice within the time stated in the notice that suspensionsuspension without pay, reduction in pay, demotion demotion, or dismissal is under consideration. SuspensionSuspension without pay, reduction in pay, demotion demotion, or dismissal shall be imposed by written notice to the local Union president, local chief xxxxxxx, SEIU Member Resource Representative, Association and the employee. SuspensionSuspension without pay, reduction in pay pay, demotion, or dismissal may be effective upon delivery of notice of suspension without pay, reduction in pay, demotion, or dismissal to the employee or upon any stated time thereafter. The department management or elected officials District Attorney shall consult with Human Resources and the county counsel and human resources County Counsel prior to the imposition of a suspensionsuspension without pay, reduction in pay, demotion demotion, or dismissal.
D. Timelines may be adjusted with mutual agreement of the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement