We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of EMPLOYEE RIGHTS Clause in Contracts

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 119.1 The public has a right to expect efficient, fair, and impartial law enforcement. Employees covered Therefore, any alleged misconduct by this Agreement are also an employee of the UWPD must be thoroughly investigated to assure the maintenance of these qualities. Employees, too, must be protected against false allegations of misconduct and have the assurance that internal investigations will be conducted in a manner conducive to good order and discipline. 19.2 Every employee who is the subject of an internal affairs investigation or who is interviewed relating to a matter that could lead to discipline (dismissal, demotion, suspension without pay, reduction in pay, written reprimand, or verbal reprimand) of him/her shall be entitled to be represented by a designated Union representative of his/her choice. The employee to be interviewed shall be afforded reasonable time prior to the benefits and rights interview to consult with the Union representative. 19.3 Every employee who becomes the subject of an internal investigation shall be advised at the time of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms interview who is in charge of the Agreement investigation and who will be conducting the interview. 19.4 The investigator shall prevail. The Agreement shall be apprise the governing factor in all cases even though employee of the benefits or rights provided may be greater or lesser than provided for complaint made against him/her, and allow the employee to read the allegations contained in the Sheriff’s Office General Orders. Section 2complaint. Employees shall be required to observe and comply with all current and future rules and regulations A sanitized copy of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will complaint may be provided to the PBA at least ten (10) days prior to implementationemployee and the Union, upon request. Section 319.5 The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Employees shall have Whenever possible, interviews will be scheduled during the right to inspect their personnel files in accordance with normal workday of the provision of General Order 6-1employee. 19.6 The employee or the Employer may request that the interview be recorded, either mechanically or by a stenographer. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to There can be no "off the provision of efficient and effective service to the publicrecord" questions. Likewise, whenever another individual makes a public records request to review an employee’s fileUpon request, the employee will shall be notified in accordance with the provisions of General Order 6-1. Copies provided an exact copy of any material in written statement the employee has signed, a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel fileaudio recording, or Administrative Investigation file if applicable, a written and signed refutation verbatim transcript of any material he considers to be negative or detrimentalinterview. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of Upon written authorization from the employee, the Employer will provide to the Union a copy of any signed statement, copy of the audio recording, or verbatim transcript provided to the employee. The transcript will be filed in accordance provided if a transcript is made. 19.7 Interviewing shall be completed within a reasonable time and the employee shall be entitled to reasonable breaks for personal necessities, meals, telephone calls, consultant with the grievance procedure contained Union, and rest periods. 19.8 All interviews shall be limited in General Order 3-5scope to activities, unless modified by this Agreementcircumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled Management agrees to advise the Federation of any intended reorganization, which would involve the deletion of bargaining unit positions. Bargaining unit job descriptions currently in use shall be provided upon request to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General OrdersFederation. Section 2. Employees No employee shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Orderdisciplined, Bureau SOPsuspended, or Sheriff’s Order is createddischarged for reasons, modified, which are discriminatory or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementationcapricious. Section 3. Employees No permanent employee may be formally disciplined, issued a punitive suspension, or discharged except for just cause and with due process. Regarding due process, employees will be notified in writing of a date and time that an in-person due process meeting will be held to discuss the supervisor’s concerns and potential reasons that may lead to discipline. The supervisor will notify the employee in writing of their decision on discipline. Both the Federation and Management will make every effort to Section 4. The Employer may suspend with pay or reassign an employee during the course of an investigation when the Employer believes the continued presence of the employee may be detrimental to its operation. The employee will be informed of the known allegations or charges made against the employee Section 5. An employee may request the presence of a Federation representative or member during an investigatory interview that the employee reasonably believes will result in them being disciplined. It is understood that such request will not unreasonably delay the investigatory process, and that no more than one Federation member will be granted paid release time to attend the interview. Section 6. After serving a probationary period, all permanent employees shall be evaluated at least once each year. The statewide performance evaluation system or another system approved by the Employer shall be utilized in the evaluation of employees covered by this Agreement. The statewide performance evaluation system or another system approved by the Employer shall be utilized by trained evaluators. Section 7. No adverse material may be placed in a personnel file without providing the employee an opportunity to review the material. When adverse material is placed in an employee’s personnel file, the employee may submit a written response to be attached in the file within 15 calendar days of receipt. An employee may refuse to sign a document, however, if an employee refuses to sign acknowledgment of the materials, a witness shall sign a statement to the fact that the employee refused to sign. A copy of any such material will be given to the employee. Section 8. An employee may inspect or obtain a copy of any document contained in their personnel file. Section 9. The Employer will grant a leave of absence to duly constituted officer(s) when their absence is required to conduct essential Federation business, whenever such business cannot be attended to by an Federation officer who is in an off-duty status or that granting such leave would unduly interfere with the hospital operations. A list of duly constituted officers shall be provided to Management once each year and upon each change. Section 10. Letters of caution, consultation, warning, admonishment, reprimand, or probation shall be considered temporary contents of the personnel file of an employee and shall be destroyed no later than 18 months after they have been placed in the file, by written request from the employee to human resources, unless such items are applicable to pending legal or quasi-legal proceedings. The letters of discipline referenced in this section may be retained by the Employer in files other than the employee personnel file and then for only 36 months for the purpose of evidence in subsequent legal proceedings that the employer may be party to, when such are filed within the applicable statute of limitations. In cases involving sustained patient abuse the material cited above will permanently remain in the personnel file. Section 11. Material placed in the personnel file of an employee without conformity with the provisions of this Section will not be used by the Employer in any subsequent evaluation or disciplinary proceeding involving the employee. An employee desiring that material which he/she feels is incorrect and should be removed from the personnel file of the employee, shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that appeal it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with through the grievance procedure contained in General Order 3-5, unless modified by this Agreementprocedure.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section SECTION 1. Employees covered by this Agreement are also entitled to No employee shall be disciplined without the benefits and rights element of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevailjust cause. SECTION 2. The Agreement shall be Department Head or designee reserves the governing factor right to conduct internal investigations to uncover the facts in all cases even though each case but expressly agrees to carefully guard and protect the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2rights, privacy and dignity of accused personnel. Employees shall fully cooperate with an investigation and shall not withhold any information that may be required relevant to observe and comply with all current and future rules and regulations the investigation. SECTION 3. In conducting internal investigations the Department Head or designee will not knowingly commit any act which deprives the employee of any statutory or constitutional rights or privileges. A. In order to justify investigations by the County, citizens’ complaints must be verified in person or signed by the person making the complaint. In no event will a citizen's complaint taken over the telephone without verification of the Sheriff’s Office except those that are identity of the caller be the basis for discipline against an employee. B. Only sustained findings may be inserted in conflict with this Agreementpersonnel records. Whenever a General Order, Bureau SOPUnfounded findings will not be inserted into the permanent Personnel record, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided referred to the PBA at least ten (10) days prior to implementationin performance evaluations. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with C. When an employee is questioned or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes interviewed concerning a public records request to review an employee’s filecomplaint or allegation, the employee will be notified informed prior to the interview of the nature of the investigation and to whether he/she is the subject of the investigation or a witness in the investigation. D. Interviews and questioning of employees will be conducted in a professional manner. Statements from employees will not be taken in a coercive manner. Dishonesty during an investigation shall be considered just cause for discipline, up to and including discharge in the County’s discretion in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestorthis Agreement. Section 4. An employee shall E. Employees who are the subject of a disciplinary investigation shall, upon request, (i) have the right to insert union representation or, if the employee so chooses, designated legal counsel, and (ii) shall receive a copy of their written or recorded statement at no cost to the employee no less than 24 hours prior to their “Xxxxxxxxxx” hearing. See “Xxxxxxxxxx x. Xxxxxxxxx Board of Education, 000 X.X. 000 (1985).” F. Upon conclusion of an investigation, the employee who has had prior notification of an internal investigation shall be notified in his personnel filewriting of the disposition of the case. G. The County and the F.O.P. shall not make any press release regarding any internal investigation. SECTION 5. Employees shall comply with all existing work rules, provided that the rules the employees believe are in conflict with the terms of this Agreement or Administrative Investigation file if applicablesituations in which the rules are not being uniformly applied may be grieved by the employee; however, a written and signed refutation of any material he considers the employee will comply with such rules until they are found, through the grievance procedure, to be negative conflicting or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commanderinappropriately applied, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained except in the material for those situations in which the refutation is being written. Signed witness statements shall employee reasonably believes there to be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, an immediate and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementsubstantial safety hazard.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled Neither the District nor the Association shall discriminate in any way against any Adjunct Faculty Member because of participation or lack of participation in Association activities, or for filing or processing any grievance, or for failing to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If file or process any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersgrievance. Section 2. Employees There shall be required one official District personnel file for each Adjunct Section 3. Prior to observe placement in the personnel file any material which is of an evaluative nature shall be signed and comply with all current dated by the evaluator and future rules the Adjunct Faculty Member. If the Adjunct Faculty Member refuses to sign, the refusal shall be noted and regulations the document placed in the personnel file. Any materials which are of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever other than a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will positive nature received from persons other than recognized evaluators shall be provided presented to the PBA at least Adjunct Faculty Member for review before it is placed in the personnel file. The Adjunct Faculty Member shall be allowed ten (10) business days prior to implementation. Section 3. Employees shall respond to all materials, either evaluative or from other sources, in writing and have the right written response attached to inspect their personnel files in accordance with the provision and included as a part of General Order 6-1such materials. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file No anonymous communications shall be made at placed in the expense of the requestorfile. Section 4. An employee Within the provisions and guidelines of California Education Code Section 87031, each Adjunct Faculty Member or his or her designee shall have access to his/her personnel file during regular business hours of the right District. The designee may review the Adjunct Faculty Member’s personnel file when accompanied by the Adjunct Faculty Member, or, in the absence of the Adjunct Faculty Member, the designee may review the Adjunct Faculty Member’s file providing the designee has a signed authorization from the Adjunct Faculty Member. The Adjunct Faculty Member or designee shall be allowed to insert receive copies of any documents he/she deems necessary provided that the total number of pages does not exceed twenty (20). If more than twenty pages are required, Association will be billed for all additional pages at a rate equal to the current per page rate charged the public for copying any other District documents. Section 5. Files are to be accessed only by persons who have a legitimate need and legal authorization to review file contents within the scope of their employment. When an Adjunct Faculty Member’s file is opened for any purpose other than routine office work, a log shall show the name of the person opening the file, and the date. Section 6. A Faculty Member may submit a written request to the Executive Director of Human Resources that derogatory material five (5) or more years old shall remain in his the personnel file, but be placed in a sealed envelope, and not opened absent authorization of the Superintendent/President or Administrative Investigation file if applicablelawful court order. Within ten (10) business days following such a request, the appropriate administrator shall grant or deny such a request in writing. The decision of the administrator may be appealed to the Superintendent/ President. If denied, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge copy of the issue(s) only; these statements request and written denial shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf become a part of the employeepersonnel file. If granted, the document(s) will be filed placed in accordance an envelope and sealed with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.following notation: “Do Not

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled 4.1 An employee has the right upon request to the benefits presence and rights advice of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If an OPBA representative at any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderspre-disciplinary hearing. Section 2. Employees 4.2 Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be required advised that his refusal to observe and comply with all current and future rules and regulations answer such questions or participate in such investigation could be the basis of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever such a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementationcharge. Section 3. Employees shall have 4.3 Questioning or interviewing of an employee in the right to inspect their personnel files in accordance with the provision course of General Order 6-1. Said inspection shall occur an internal investigation will be conducted at reasonable times so long as said inspection does not interfere with or cause disruption hours reasonably related to the provision employee's shift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of efficient time and effective service time shall be provided for rest periods and attendance to the publicphysical necessities. Likewise, whenever another individual makes a public records request to review an employee’s fileIn addition, the employee will be notified in accordance with may record such interrogation if he has recording device available so as not to delay the provisions investigation. The Employer may have a transcript of General Order 6-1. Copies of any material in a personnel file shall be made such recording at the expense of the requestorEmployer expense. Section 4. An 4.4 When an investigation moves from investigatory to accusatory and/or the affected employee reasonable believes disciplinary action may result, the affected employee shall have the right to insert in request and have a Union representative present. Such request shall not unreasonably delay the continuation of the investigation. Section 4.5 An employee may request an opportunity to review his personnel file, or Administrative Investigation add memoranda to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material file, and may have a non- employee representative of the OPBA present when reviewing his file. A reasonable request for which copies of items included in the refutation is being written. Signed witness statements file shall be permitted honored. All items in an employee's file with regard to complaints and investigations will be clearly marked with respect to final disposition. Section 4.6 Records of witnesses having direct knowledge written reprimands and/or verbal reprimands documented in writing that are more than three (3) calendar years old shall not be used against an employee for purposes of progressive discipline. Calendar year begins with the issue(s) only; these statements shall also be reviewed by date of infraction. Section 4.7 During the Human Resources Director or Inspections Bureau Commandercourse of an internal investigation, whichever is applicablethe Employer may administer a polygraph examination to an employee only where reasonable cause exists, and must also specifically address such exam shall focus only on the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by misconduct alleged against the employee or PBA on behalf taking the exam. The exam shall be administered by a neutral person/party. The results of such exam shall not be the basis for discipline of an employee, but rather shall be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementused only as an investigative tool.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A. All contacts, verbal or written, be it disciplinary or any other, between a member and a superior officer, shall be conducted in a calm, professional manner. B. During the course of an investigation of member misconduct where discipline is likely to result to the benefits and rights affected member, the member may request the presence of a union representative during the investigating interview, provided the representative is reasonably available. C. The member being interviewed shall be informed verbally of the Pinellas County Sheriff’s Office General Orders (nature of the investigation before the interview commences. The member shall be permitted to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and take notes of the Sheriff’s Office General Ordersinterview. D. When a member is being interviewed, where discipline may result, the terms member shall answer truthfully and completely all questions concerning the investigation posed to him by the interviewing officer. A member who refuses to answer such questions shall be informed that his refusal to answer constitutes insubordination and can be a basis for disciplinary action. E. The City agrees not to suspend without pay, demote or discharge a member without first offering the member the opportunity to provide an explanation of the Agreement shall prevailcircumstances surrounding the charge brought against him, to the Chief of the Division of Police. The Agreement member may have an FOP representative, and his attorney, present during the meeting provided the individuals selected are reasonably available. Meetings, where practical, shall be conducted at hours reasonably related to the governing factor in all cases even though member’s shift, preferably during the benefits or rights provided may be greater or lesser than provided for in the Sheriffmember’s Office General Ordersworking hours. Section 2. Employees F. Written notice of the charge(s) against a member, and a description of the nature of the evidence upon which the charge(s) is based shall be required to observe and comply with all current and future rules and regulations given the member in advance of the Sheriff’s Office except those that are meeting described above. G. All entries in conflict with this Agreement. Whenever a General Order, Bureau SOP, personnel files relating to disciplinary action or Sheriff’s Order is created, modified, or eliminated, a draft of same will performance shall be provided to the PBA member by copy and such member is entitled to place a letter of explanation or rebuttal to be attached to any such entry so long as said explanation or rebuttal does not exceed 300 words in length and is submitted within 7 working days of the date the member is provided with the entry. H. A member shall be provided a copy of his/her personnel file, upon request, if such member has been disciplined or is eligible for retirement. A copy of a member’s file shall be provided to them at least ten no cost, no more than one time in any three year period. I. A committee of no more than three (103) members of the bargaining unit, will meet with representatives of management from time to time for the purpose of discussing subjects of mutual concern. Meetings may be requested not more than once every ninety (90) days, except upon agreement by both parties. There shall be no obligation upon the City or the Union to renegotiate working conditions, pay or any other policy or practice which may be the subject of such discussions. Meetings shall be limited to two hour’s duration. The party requesting the meeting shall submit a proposed agenda in writing five (5) days prior to implementationthe scheduled meeting. Those items not considered during the Labor Management Meeting may be resubmitted in writing for agendas of subsequent meetings. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered ‌ 8.1 All reports and forms required by this Agreement are also entitled the Board to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement be completed shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderscompleted on paid time. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees 8.2 Each employee shall have the right to inspect their personnel files his/her permanent file(s). Such examination shall be done during normal business hours pursuant to an appointment made for such purposes, provided that the appropriate administrator may waive the need for an appointment. A representative of his/her choice may accompany the employee, and a representative of the Board shall also be present during such review. The employee shall not permanently remove any item from his/her file but shall be allowed copies of such at cost. A. When any complaint, reprimand, or other such evaluative material is added, deleted or changed in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filepermanent file(s), a copy of the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file same shall be made at available to the expense employee, who shall acknowledge receipt of the requestorsame. If any employee is required to sign any such material within his/her file, such signature shall designate receipt only and not agreement. Section 41. An employee If the Board chooses not to investigate a complaint, no copy or record shall be placed in the employee’s professional or department file. Uninvestigated complaints shall not be used as a basis for any reprimand, other disciplinary action, or evaluation. 2. It is the employee’s responsibility to notify the District Professional Office when their address, phone number, emergency contact person or education changes. B. All employees shall have the right to insert comment, responsively, without censorship, on all such evaluative material and said comments shall be included in his personnel filetheir official records. Any such response must be submitted within thirty (30) workdays after such material is provided to the employee. Such response shall be attached to file copies of such evaluative material to which the response is directed. Material shall be released outside of the Board as required by law and as the interests of the Board and/or the employee clearly require. If released, the employee shall be advised of the same to the extent permitted by law. C. Supervisors will notify employees that they are entitled to have present a representative when being officially reprimanded or disciplined. No reprimand or discipline shall be discussed by the administrator(s) or representative involved in the presence of students, parents, or Administrative Investigation file if applicable, a written and signed refutation employees not involved in the events giving rise to such reprimand or discipline. Provided this shall not preclude such discussion as is necessary to establish the facts and/or process such reprimand or discipline to the School Board. The employee shall have 48 hours’ notice of any material he considers such meeting. 8.3 Classified employees shall be afforded the following: A. An employee required by the Board to provide his/her personal transportation shall be negative or detrimentalreimbursed by the Board at no less than the rate allowed by law. Such requirement shall not include routine travel to and from the employee’s home and the worksite to which assigned. B. Non-instructional staff shall be admitted without charge to school functions subject to the following conditions: 1. The refutation non-instructional staff presents proper identification for admittance. 2. Non-instructional staff shall designate two schools’ athletic events in which to receive free admission. The District will issue these employees a pass each August. 3. Activities that are not controlled by the District are not subject to this provision. 8.4 If any employee is sued in a tort action as a result of any action taken by the employee in the proper exercise of his/her responsibilities, the Board will provide for the defense thereof. 8.5 Tentative work schedules shall be reviewed sent to employees two (2) weeks prior to the start of the next school year and one (1) week prior to the beginning of the 2nd semester. It is understood the schedules are tentative and subject to change before the first (1st) day for students. 8.6 The Board and Association agree that employees shall be accorded all rights as guaranteed by the Human Resources Director laws and the Constitution of the State of Florida and the United States of America in the implementation of this Agreement. 8.7 All employees have the right upon written request to authorize payroll deductions for programs other than dues deductions that have been approved by the School Board. 8.8 This Agreement shall not be interpreted or Inspections Bureau Commanderapplied to deprive bargaining unit members of professional or occupational advantages heretofore enjoyed; conditions that are improved for the benefit of bargaining unit members shall be implemented as required by the provisions of this Agreement. 8.9 Any employee who works as a gate keeper for a school sponsored event will be paid $15.00 per hour effective July 1, whichever is applicable, 2022 until such time minimum wage for Florida school districts exceeds the established rate. Rate of pay will be determined by the minimum wage for Florida school districts consistent with Florida law. 8.10 Reasonable efforts will be made to ensure that it specifically addresses only duty assignments are equal within classifications at the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementworksite.

Appears in 3 contracts

Samples: Master Contract, Master Contract, Master Contract

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A. All contacts, verbal or written, be it disciplinary or any other, between a member and a superior officer, shall be conducted in a calm, professional manner. B. During the course of an investigation of member misconduct where discipline is likely to result to the benefits and rights affected member, the member may request the presence of a union representative during the investigating interview, provided the representative is reasonably available. C. The member being interviewed shall be informed verbally of the Pinellas County Sheriff’s Office General Orders (nature of the investigation before the interview commences. The member shall be permitted to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and take notes of the Sheriff’s Office General Ordersinterview. D. When a member is being interviewed, where discipline may result, the terms member shall answer truthfully and completely all questions concerning the investigation posed to him by the interviewing officer. A member who refuses to answer such questions shall be informed that his refusal to answer constitutes insubordination and can be a basis for disciplinary action. E. The City agrees not to suspend without pay, demote or discharge a member without first offering the member the opportunity to provide an explanation of the Agreement shall prevailcircumstances surrounding the charge brought against him, to the Chief of the Division of Police. The Agreement member may have an FOP representative, and his attorney, present during the meeting provided the individuals selected are reasonably available. Meetings, where practical, shall be conducted at hours reasonably related to the governing factor in all cases even though member's shift, preferably during the benefits or rights provided may be greater or lesser than provided for in the Sheriffmember’s Office General Ordersworking hours. Section 2. Employees F. Written notice of the charge(s) against a member, and a description of the nature of the evidence upon which the charge(s) is based shall be required to observe and comply with all current and future rules and regulations given the member in advance of the Sheriff’s Office except those that are meeting described above. G. All entries in conflict with this Agreement. Whenever a General Order, Bureau SOP, personnel files relating to disciplinary action or Sheriff’s Order is created, modified, or eliminated, a draft of same will performance shall be provided to the PBA member by copy and such member is entitled to place a letter of explanation or rebuttal to be attached to any such entry so long as said explanation or rebuttal does not exceed 300 words in length and is submitted within 7 working days of the date the member is provided with the entry. H. A member shall be provided a copy of his/her personnel file, upon request, if such member has been disciplined or is eligible for retirement. A copy of a member's file shall be provided to them at least ten no cost, no more than one time in any three year period. I. A committee of no more than three (103) members of the bargaining unit will meet with representatives of management from time to time for the purpose of discussing subjects of mutual concern. Meetings may be requested not more than once every ninety (90) days, except upon agreement by both parties. There shall be no obligation upon the City or the Union to renegotiate working conditions, pay or any other policy or practice which may be the subject of such discussions. Meetings shall be limited to two hour's duration. The party requesting the meeting shall submit a proposed agenda in writing five (5) days prior to implementationthe scheduled meeting. Those items not considered during the Labor Management Meeting may be resubmitted in writing for agendas of subsequent meetings. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled 4.1 An employee has the right upon request to the benefits presence and rights advice of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If an OPBA representative at any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderspre-disciplinary hearing. Section 2. Employees 4.2 Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be required advised that his refusal to observe and comply with all current and future rules and regulations answer such questions or participate in such investigation could be the basis of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever such a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementationcharge. Section 3. Employees shall have 4.3 Questioning or interviewing of an employee in the right to inspect their personnel files in accordance with the provision course of General Order 6-1. Said inspection shall occur an internal investigation will be conducted at reasonable times so long as said inspection does not interfere with or cause disruption hours reasonably related to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s fileshift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. In addition, the employee will be notified in accordance with may record such interrogation if he has recording device available so as not to delay the provisions investigation. The Employer may have a transcript of General Order 6-1. Copies of any material in a personnel file shall be made such recording at the expense of the requestorEmployer expense. Section 4. An 4.4 When an investigation moves from investigatory to accusatory and/or the affected employee reasonable believes disciplinary action may result, the affected employee shall have the right to insert in request and have a Union representative present. Such request shall not unreasonably delay the continuation of the investigation. Section 4.5 An employee may request an opportunity to review his personnel file, or Administrative Investigation add memoranda to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material file, and may have a non- employee representative of the OPBA present when reviewing his file. A reasonable request for which copies of items included in the refutation is being written. Signed witness statements file shall be permitted honored. All items in an employee’s file with regard to complaints and investigations will be clearly marked, with respect to final disposition. Section 4.6 In the course of witnesses having direct knowledge an internal affairs investigation, a polygraph or computer voice stress analyzer (CVSA) examination will be administered only with the consent of the issue(s) only; these statements employee under investigation. Section 4.7 Complaints by civilians which may involve suspension or discharge of an employee, shall also be reviewed in writing and signed by the Human Resources Director complainant. The Employer will furnish a copy of the complaint to the employee whom the complaint has been filed against prior to questioning or Inspections Bureau Commanderprior to the pre-disciplinary hearing, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this occurs first. Section must, if pursued by 4.8 Records of written reprimands and/or verbal reprimands that are more than three (3) calendar years old shall not be used against the employee or PBA on behalf for purposes of the employee, be filed in accordance progressive discipline. Calendar year begins with the grievance procedure contained in General Order 3-5, unless modified by this Agreementdate of infraction.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1A. No member of the Association who has completed his/her probationary period shall be disciplined without just cause. B. Employees, upon their request, have the right to review the contents of their personnel file in the presence of a witness representing the District. Employees covered may elect to be accompanied by a representative of the Association during this Agreement review of their personnel file. The personnel file will be the only official file kept on employees. C. Employees have the right to a private meeting, separate from students, parents, Community members, and fellow personnel, when being counseled or disciplined. D. Employees are also entitled to the benefits and rights presence of an Association representative during any meeting which will or may lead to disciplinary action by the Board. When a request for such representation is made, no action will be taken with respect to the employee until such representative of the Pinellas County Sheriff’s Office General Orders Association is present. Should disciplinary action be likely to occur at a given meeting, the employee shall be advised immediately of said possibility and be advised by the Board of the right to representation under this provision of the Agreement. 1. Any complaint lodged against an employee, related to job performance, determined by supervisor to have substance shall be brought to the employee's attention in a personal conference within ten (10) work days of its receipt. 2. The complainant will be identified if said complaint is the basis of disciplinary action to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement be taken but not in those cases where there is a statutory requirement to report a complaint and the Sheriff’s Office General Orderscomplaint was made anonymously. 3. In cases where an outside law enforcement agency is called in or an investigation is deemed necessary by the Administration, the time limits in this section shall not apply. F. The Board shall honor written requests to remove evaluative information from an employee's file in accordance with the Xxxxxxx-Xxxxxxxx Act. Negative evaluative information will be removed from the file after three (3) years providing there has been no reoccurrence of the type of employee behavior which was reported and placed in the employee's file. The parties acknowledge there have been contract negotiations between representatives of the Walled Lake Consolidated School District and the Walled Lake ESP #1, with respect to healthcare issues leading toward the execution of a collective bargaining agreement ("CBA") effective July 1, 2009. The healthcare plan as outlined in the CBA includes the self-funding of some of medical co-payments by the District. For the convenience of association members/employees, an employee can elect to receive an "In- Network Medical Co-Payment Card (the "Card") for specific in- network medical co-payments. In conjunction with this option, there are supplemental understandings of the parties with respect to the use of the Card, which are as follows: 1. Any employee who requests and is issued the Card must review and voluntarily sign the In-Network Medical Co-Payment Card Agreement (the "Agreement"). 2. The terms of the Agreement shall control the employee's use of the Card. 3. Any enforcement of the terms of the Agreement by the District shall prevailbe a separate independent matter between the employee and the District which shall not involve the Association. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required employee is not entitled to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with utilize the grievance procedure contained (or binding arbitration) remedies set forth in General Order 3-5the CBA as a result of the District's implementation or enforcement of the terms of the Agreement. The parties agree that the wording highlighted in bold type, unless modified by in the provisions listed below, will be removed from the collective bargaining agreement and attached to this Agreementletter of agreement.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

EMPLOYEE RIGHTS. Section 1All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Employee Rights". Employees The wide-ranging powers and duties given to the department and its employees involve them in all manners of contacts and relationships with the public. Of these contacts come many questions concerning the actions of employees of the force. These questions often require an immediate investigation by superior officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated. a. Whenever the Chief of Police or the designated alternate of the Chief of Police decides to conduct a formal internal affairs investigation, any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation, and advised of the rights of the employee before any interview of the employee begins. Written notice shall include sufficient information necessary to reasonably apprise the employee of the allegations of such complaint. b. Any interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. Where practicable, interviews shall be scheduled for the daytime. c. The interview, which shall not violate the employee's constitutional rights, shall take place at the Xxxxxx Police Station facility, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and/or a representative of the Association. Said attorney and/or representative of the Association may be present during the interview but shall not participate in the interrogation except to counsel the employee. Association representative or attorney may participate to the extent permitted by law. At the conclusion of the interview, the Guild representative or attorney shall be afforded a reasonable opportunity to ask clarifying questions. d. The questioning shall not be overly long, and the employee shall be entitled reasonable intermissions as the employee shall request for personal necessities, meals, telephone calls and rest periods. e. The employee shall not be subjected to any offensive language, nor shall the employee be threatened with dismissal, transfer, or other disciplinary punishment as a guise to obtain the resignation of the employee nor shall the employee be intimidated in any manner. No promises or reward shall be made as an inducement to answer questions. f. It shall be unlawful for the City to require an employee covered by this Agreement are also entitled agreement to take or be subjected to any polygraph or any polygraph type of examination as the benefits and rights condition of continued or continuous employment or to avoid any threatened disciplinary action. g. At the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersemployee's request, the terms of the Agreement shall prevail. The Agreement interrogation shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2recorded on tape by management. Employees One copy shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten Association representative or employee. Three (103) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6a pre-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filedisciplinary hearing, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense advised of the requestor. Section 4. An employee shall have results of the right to insert in his personnel file, or Administrative Investigation file if applicable, a written investigation and signed refutation of any material he considers to be negative or detrimental. The refutation the recommended disposition and shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge furnished a copy of the issue(s) only; these investigation report to include a list of all exhibits, provided that the Employer is not required to release statements shall also be reviewed made by the Human Resources Director or Inspections Bureau Commander, whichever is applicablepersons requesting confidentiality, and must also specifically address only provided further, such confidential statements may not be relied upon to form the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf sole basis of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementdiscipline.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A probationary period shall be utilized for the most effective adjustment of a new employee and for the separation of any employee whose performance does not, in the judgment of the employee's supervisor, meet the required standard of performance. The probationary period shall last for six months. If the Employer determines at any time during the probationary period that the job performance of the probationary employee is unsatisfactory, the employee may be separated upon written notice from the Employer, stating the reasons for the separation. The separation of a probationary employee is not subject to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersgrievance procedure. Section 2. No permanent employee may be disciplined or discharged except for just cause and with due process. Due process requires that an employee is informed in writing of the reason(s) for the disciplinary action and is provided with an opportunity to respond to the proposed action prior to its implementation. Section 3. An employee may request the presence of a representative during an investigatory interview which the employee believes may reasonably result in disciplinary action. It is understood that the employee may decline to answer any specific question during such an interview. Section 4. Any employee charged by a client with improper behavior or with violating an agency rule or policy shall be deemed innocent until such time as sufficient evidence to the contrary has been presented. Any disciplinary action based on a client complaint may be appealed through the grievance procedure. Section 5. Positions which are currently filled by bargaining unit members shall not be made into a job-sharing position except by mutual agreement or until the position becomes vacant. Section 6. Employees shall receive a copy of their current position description or class specification from Human Resources within five working days after Human Resources receives an oral request. Section 7. An employee may obtain a copy of any document in their personnel file. An employee may place any relevant document in their personnel file. Section 8. The statewide performance evaluation system or another system approved by the Personnel Division shall be required to observe and comply with all current and future rules and regulations utilized by the Employer in the evaluation of the Sheriff’s Office except those that are in conflict with employees covered by this Agreement. , Section 9. Whenever performance appraisals are prepared, a General Order, Bureau SOPcopy of the results of the evaluation shall be transmitted to the employee. The immediate supervisor shall discuss the evaluation with the employee and note by signature retained in the personnel file that the Section 10. No information reflecting critically upon an employee shall be placed in the personnel file of the employee that does not bear either the signature or initials of the employee indicating that they have been shown the material, or Sheriff’s Order a statement by a supervisor that the employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 11. Letters of warning or reprimand shall be removed from the employee's personnel file after 12 months, unless the employee is created, modifiedformally disciplined within the 12- month period, or eliminatedunless the material is applicable to a pending legal or quasi-legal proceeding. In order for letters of warning or reprimand to be removed, the employee must request in writing to Human Resources, to have the letter removed. Letters of suspension shall be removed from the employee's personnel file after 18 months, by written request from the employee to Human Resources, unless the employee is formally disciplined within the 18-month period, or unless the material is applicable to a pending legal or quasi-legal proceeding. In such cases, any disciplinary letters shall remain in the personnel file for at least one year from the date of the most recent formal disciplinary action, until the resolution of the pending legal or quasi-legal proceeding, or, in the case of suspension until the expiration of the original 18-month period, whichever is longest. Section 12. Material shall not be placed in the personnel file of an employee which is not in conformity with this Article, nor shall such material be used in any subsequent evaluation or disciplinary proceeding involving the employee. Section 13. Employees who terminate their service will be furnished, upon request, a draft letter stating their classification and length of same will be provided service. Section 14. The Employer shall ensure reasonable access to each employee an up-to- date policy manual of its rules, regulations, and policies on employment related matters. The Unit Supervisor shall provide information on new procedures within the PBA at least ten (10) days unit prior to implementation. Section 315. Employees Any employee desiring that material, other than performance appraisals (unless tied to pay), which they feel is incorrect and should be removed from the personnel file of the employee, shall have the right to inspect their personnel files in accordance with appeal it through the provision grievance procedure. Section 16. During the term of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to this Agreement the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee Federation will be notified at least 60 days in accordance with the provisions of General Order 6-1. Copies advance of any material in a personnel file Employer decision to contract out bargaining unit work. The effects of such contracting out shall be made at the expense of the requestorsubject to negotiations prior to implementation. Section 417. An employee All vacant positions which require a background check shall have include such requirement in the right to insert position announcement and specify any known type of background check. Information obtained as a result of a background check shall not be maintained in his the employee's personnel file. Section 18. Upon notification from the Federal Government of changes to federal systems requiring background checks of current employees, or Administrative Investigation file if applicable, the Department shall provide notification to the Federation. Upon written request the Department will provide a written and signed refutation list of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementaffected members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits A. The Union and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees its members shall have the right to inspect use the school building facilities outside of school hours, according to District policy, for Union business. B. Bulletin boards, school equipment and other District established media of communication, with the exception of the District's internal mail system, shall be made available to the Union and the Union shall be responsible for proper operation of all such equipment. C. The Board agrees to furnish to the Union, in response to reasonable requests from time to time, all regularly available information concerning the financial resources of the District, allocations and such other public information as will assist the Union in developing intelligent, accurate, informed and constructive programs on behalf of the members of the bargaining unit. D. The Union shall receive once a year a report of all Employees covered under this Agreement stating name, classification, step, date of hire, and the number of weeks worked each year. Every effort will be made to compile this report by February 1 each year. The Union shall receive all Board of Education meeting Agenda and Minutes of its meetings. E. Members of the bargaining unit shall have the right to review the contents of their personnel files file, excluding letters of recommendation and employment credentials, and to have a representative of the Union accompany them in accordance such a review. They shall have the right to file a written reply to any evaluative or disciplinary report placed in their file. F. All material placed in an Employee's personnel file must bear the date and have affixed the signature of the writer and the proper identification as to the source. The Employee shall be provided the opportunity to sign this material to indicate awareness and not necessarily agreement. G. The Employee alone, or with the provision Union Representative, shall, upon request, be allowed to make copies of General Order 6-material from his/her files. The Employer shall, at its discretion, charge the Employee a nominal fee per page. H. Any material relating to reprimands or suspensions dated three (3) years before the date of the personnel file review by the Employee may be removed by the Employee with notification to the Employer. I. Employees shall be entitled to full rights of citizenship and no religious or political activities of any Employee, or lack thereof, shall be grounds for any discipline or discrimination with respect to the employment of each Employee as long as such religious or political activities are not carried on in the school setting during the Employee's hours of work. J. Any case of assault and/or battery upon an Employee on District property shall be promptly reported to the Board. The Board will provide legal counsel, if, in the reasonable opinion of the Board it becomes necessary, to advise the Employee of his/her rights and obligations in connection with handling of the assault and/or battery by law enforcement and judicial authorities. The obligation to provide legal counsel to advise the employee shall be limited to a single consultation during which the employee's rights and obligations can be reviewed and discussed. 1. Said inspection shall occur at reasonable times so long Should the Employee suffer any loss, damage or destruction of clothing or personal property as said inspection does not interfere a result of an assault and/or battery while on duty on District property, the District will reimburse the Employee excluding any areas under insurance coverage for any loss up to a maximum of $200 per incident. 2. In case of an alleged physical attack on an Employee by a student, both the Employee and the administrator will utilize the procedure advocated by the Novi Student Code of Conduct to remedy the situation. 3. If an employee is required to meet with his/her attorney, police, or cause disruption to judicial authorities, or attend court proceedings as a result of an assault and/or battery upon the provision of efficient and effective service to the public. Likewise, whenever another individual makes employee by a public records request to review an employee’s filestudent, the employee will be notified provided with paid leave to do so and shall not be changed for such leave. K. The Board shall exert every effort consistent with the available facilities and resources to maintain buildings at a comfortable temperature and in a clean, safe and healthful manner. L. The Employer will take measures in order to prevent or eliminate any hazards which the Employees may encounter at their place of work in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense OSHA and MIOSHA. M. The representatives of the requestor. Section 4. An employee shall have the right to insert in his personnel fileUnion shall, or Administrative Investigation file if applicableat all times, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation present when an Employee is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director reprimanded or Inspections Bureau Commanderdisciplined, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by unless the employee or PBA on behalf of specifically requests that the employee, Union not be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementpresent.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled a. The employee shall be informed verbally prior to the benefits and rights testing of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement circumstances surrounding the testing and the Sheriff’s Office General Orders, reasons why the terms test is being ordered. b. The employee shall be informed in writing within 24 hours after testing of the Agreement shall prevail. circumstances surrounding the testing and the reasons why the tests was ordered. c. The Agreement employee shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations informed verbally of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files representation (union, management, or other) up to and including the time the sample is given. However, this provision shall not unreasonably delay testing. d. The employee shall be informed verbally of the Policy and the procedures for testing when notified of the order to test. e. If the results of the laboratory testing procedures specified in accordance with this Article are negative, all further testing shall be discontinued. f. Any employee who tests positive shall be given access to all written documentation available from the provision testing laboratory which verifies the accuracy of General Order 6-1the testing equipment used in the testing process, the chain of evidence, and the accuracy rate of the laboratory. g. The reasons for requesting the test and testing results will be kept confidential and private in the same manner as other employee medical records. h. The District shall bear the cost of all initial drug tests. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption If the employee chooses to test the provision second untested sample, the employee will pay the cost of efficient and effective service to the publictests. LikewiseHowever, whenever another individual makes in the event that it is demonstrated that the initial testing resulted in a public records request to review false positive, the District will reimburse the employee of the cost of the second sample testing. i. If the test is positive for an employee’s fileunacceptable level of a drug, the employee will be notified in accordance of the positive results within 24 hours after the District learns of the results and will be provided with copies of all documents pertinent to the provisions test sent to or from the District by the laboratory. The employee will then have the option of General Order 6-1. Copies of any material in a personnel file having the second untested sample submitted to the remaining SAMHSA certified laboratory. j. If the test results are not positive for drugs, the employee shall be made at the expense of the requestornotified and all District documents related to testing shall be destroyed. Section 4. An k. Each employee shall have has the right to insert challenge the results of drug testing in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation the same manner that the employee may grieve any managerial action. l. The drug testing program is initiated solely at the request of the Fire District. The RVPFF shall be held harmless for the violation of any material he considers to be negative or detrimental. The refutation shall be reviewed worker’s rights by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only District arising from the issue or issues contained in administration of these Protocols. m. The employee testing positive for drugs will be placed on administrative leave with pay pending the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge final decision of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementFire Chief.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

EMPLOYEE RIGHTS. Section 1. Employees A. All employees covered by this Agreement are also entitled to MOU shall have and enjoy all rights and benefits conferred by the benefits Xxxxxx-Xxxxxx-Xxxxx Act (Govt. Code 3500 et seq), by other applicable state and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures federal laws and Sheriff’s Orders). If any conflict occurs between by this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General OrdersMOU upon such employees. Section 2. Employees B. Covered employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall specifically have the right to inspect their personnel files join and participate in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense activities of the requestorUNION, or to not join and not participate in the activities of the UNION, as such employees may elect, and to be free from unlawful coercion, pressure or influence regarding their decision. COUNTY shall provide each new employee, as part of his or her orientation, with a copy of the then-current MOU and COUNTY personnel policies. Section 4. An C. Each covered employee shall have the right to insert review his or her Master Personnel File and any official departmental personnel file (except supervisors’ working files, records of employment or promotion application and legal or medical files which shall be maintained apart from the Personnel files) and to obtain copies from those files which employee has the right to review. COUNTY may schedule the employee’s review and shall be permitted adequate time to make copies (if requested) depending on available staff. Such right shall also extend to any individual or representative for whom the employee executes a written authorization to review and obtain copies from the employee’s personnel file(s). D. In addition to any requirements imposed on COUNTY by the Court’s decision in his personnel fileNational Labor Relations Board x. X. Xxxxxxxxxx, Inc., 420 U.S. 251 (1975), or any subsequent case law or statutes, COUNTY (through its duly appointed investigator) will conduct formal internal and/or administrative investigations (as defined below) that involve covered employees in the following manner: E. For the purposes of this MOU, the term “formal internal and/or administrative investigations” refers to any investigation ordered or authorized by the County Administrative Investigation file Officer or the Board of Supervisors as a result of specific, written charges or complaints filed by any person against a COUNTY official or employee. The term also refers to any investigation, however conducted or authorized, that would trigger, if applicablethe COUNTY were covered by the NRLA, the rights accorded by National Labor Relations Board x. X. Xxxxxxxxxx, Inc., 420 U.S. 251 (1975), or any subsequent case law or statutes. The term does not refer to COUNTY investigations of workers compensation claims or investigations of illegal activities conducted in the ordinary course of business by the Mono County Sheriff’s Department, the District Attorney’s Office, or by any other state, federal, or local law enforcement agency. F. COUNTY has the right to compel employees, including UNION members, to answer questions within the scope of their employment. Employees have a written mandatory duty to answer such questions fully and signed refutation truthfully. Knowing failure by a member to answer questions fully or truthfully while being interviewed is a serious offense and an appropriate ground for termination or other discipline. COUNTY may remind members of such facts during the interview, and may before questioning require members to swear or affirm under penalty of perjury that they will answer questions fully and truthfully. In no event shall failure by COUNTY to provide such a reminder to a member or require such an oath or affirmation waive COUNTY’S ability to later pursue discipline if the circumstances warrant it. G. COUNTY will actually notify a UNION member at least 24 hours prior to interviewing that member. COUNTY will use its best efforts to provide such notice in writing. Such notice shall reveal the time and place of the interview and its estimated duration. The notice shall also reveal the general nature of the investigation and the general area in which questions will be asked except to the extent that the revelation of such information in a notice would: invade the personal privacy of any material he considers person; require the disclosure of confidential or privileged information or any evidence already gathered pursuant to the investigation; or potentially expose COUNTY to liability. X. Any UNION member proposed to be negative interviewed may, according to his or detrimentalher own wishes, have a representative of the UNION (a Chief Xxxxxxx or a representative of UNION) present during any questioning. The refutation purpose of the representative shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that the member’s rights under this MOU or any applicable personnel laws or regulations are not being violated. The representative may object before, during, or after the interview to any perceived violations of such rights. No rules of evidence shall apply to interviews; therefore neither the representative nor the member may raise an evidentiary objection (e.g., “irrelevant,” “speculative,” “hearsay”,” etc.) to any question or refuse to answer a question on such a basis. Furthermore, the UNION representative shall not instruct or otherwise counsel a member - either before or during an interview - on how or whether to answer any specific or type of questions asked during the interview. If the UNION member is a peace officer, all rights he or she may have under Government Code Section 3300 et seq the Public Safety Officers Procedural Bill of Rights shall be granted. I. If the member desires to have a UNION representative present, he or she shall immediately advise the COUNTY orally or in writing. Failure to so notify the COUNTY prior to the time scheduled for the interview shall constitute a waiver of the right to have a representative present. If notice is timely given to the COUNTY of the member’s desire to have a representative present, the COUNTY shall postpone the interview for up to 48 hours in order to allow the member time to arrange for a representative to be present. Unless disqualified under paragraph (5)(K) below, any business representative of UNION or a Chief Xxxxxxx shall be deemed an adequate representative of the UNION. X. In addition to the foregoing, the member being interviewed may, according to his or her own wishes, have an observer of his or her choice present during any interview unless the desired observer is disqualified under paragraph (5)(K) below. The observer shall merely observe the interview and may not raise objections to the interview or questioning on any ground. The observer shall not instruct or otherwise counsel a member - either before or during an interview - on how or whether to answer any questions asked during the interview. X. Notwithstanding any other provision of this MOU, the following persons are disqualified from acting as a UNION representative or an observer during the interview: a person whose accusation or complaint triggered the investigation; a person who is the subject of the investigation; a reporter or agent of a newspaper, television or radio station, or other mass- communication medium; a person who the COUNTY has already interviewed as part of the investigation; a person who the COUNTY intends to interview as part of the investigation; a person who is unwilling to abide by the terms of this Article of the MOU, whether or not such person is a member of the UNION; a person who is involved in conducting the investigation; or a person who will ultimately act as a decision-maker with respect to any disciplinary action that might result from the investigation. L. The COUNTY, as well as any COUNTY employee present during the interview, may take notes, record or otherwise memorialize an interview, through audio or video taping or any other medium; provided, however, that such records or memorializations shall remain strictly confidential under the restrictions imposed by paragraph 5(M) below. No other person present during the interview shall have the right to record or otherwise memorialize the interview, except that such person may take notes. But all such persons shall, while the investigation is still ongoing, be entitled to reasonable access to any recording or other memorialization (except notes taken) made by the COUNTY; and, after the investigation and any subsequent disciplinary action is completed (but not before), shall be entitled to a copy of any such formal recording. In no event shall this paragraph be construed as granting access to notes taken by any COUNTY investigator or other representative. The COUNTY shall have at least 48 hours after such access is requested to arrange for it specifically addresses only and at least 10 working days after a request for a copy is made to provide it. Any such access or copies shall be provided at the issue requesting party’s own time and expense, except that a copy of any recording made by COUNTY or issues contained already existing transcript thereof shall be provided free of charge to a requesting party who is appealing a disciplinary action brought against that person by COUNTY as a result of the investigation in which the recording was made. M. The questions asked, and the answers given, during any interview conducted are strictly confidential. No person present during an interview shall reveal or discuss the contents of such questions or answers except in the material for which context of official COUNTY business or UNION representational services involving the refutation particular employee who was interviewed (i.e., the UNION may not disclose the contents of any given interview to any employee who was not present during that interview). Intentional disclosure of such information by any COUNTY employee present during an interview in violation of the foregoing restriction is being written. Signed witness statements a serious offense and shall be permitted an appropriate ground for termination or other discipline, as shall any attempt by any employee to solicit such information from a person present during an interview. COUNTY may remind and instruct persons present at an interview of witnesses having direct knowledge such facts and may bar from the interview any person who is not willing to abide by such terms. In no event shall failure by COUNTY to provide such a reminder or instruction waive COUNTY’S ability to later pursue discipline if the circumstances warrant it or to seek judicial relief with respect to an actual or threatened disclosure of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained confidential information in the material. Any grievance concerning violation of this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementparagraph.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement The Agency and the Sheriff’s Office General OrdersUnion agree that each employee in the Bargaining Unit has the right, freely and without fear of penalty or reprisal, to form, join, and assist a labor organization or the terms of the Agreement shall prevail. The Agreement right to refrain from any such activity, and each employee shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for protected in the Sheriff’s Office General Ordersexercise of this right. Section 2. Employees The Agency agrees that in the treatment of employees, all provisions of this Master Agreement and the provisions of applicable laws, executive orders and regulations shall be required applied fairly and equitably with due regard for each employee's personal dignity and privacy. It is recognized that employees shall have access to observe all rights, privileges and comply with all current protection that are afforded by applicable law, regulation and future rules this Master Agreement and regulations that the exercise of such rights by the employee as part of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided established employee and Agency -relations program applicable to the PBA at least ten (10) days prior to implementationUnit, will not adversely reflect on the employee. Section 3. Employees shall have the right While employees are encouraged to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewisevoluntarily support recognized charities, whenever another individual makes a public records request to review an employee’s file, the no employee will be notified in accordance with the provisions required or coerced to contribute and no discrimination or reprisal will be taken for failure to so contribute. In any case, confidentiality of General Order 6-1. Copies of any material in a personnel file an employee's decision shall be made at the expense of the requestorrespected. Nothing in this Section will prohibit employees from taking up collections for other Agency employees, provided such collections are nominal in value. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall will be permitted of witnesses having direct knowledge to contact his Union Representative during work hours to request representation under this Master Agreement as follows: A. The employee will notify the supervisor in advance that the employee wishes to exercise this right and the supervisor will make a determination whether the employee can be released based on the workload. B. The employee will be informed of the issue(s) only; these statements shall also be reviewed by supervisor's determination within 30 minutes of the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only request. C. If the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of supervisor cannot release the employee, the supervisor will, as soon as possible, give the employee a "time and date certain" when the release can be filed accomplished. Any delay in releasing the employee will be in accordance with Article 6, Section 3. If an employee's release is delayed, events to which the grievance procedure contained need for assistance applies, will also be postponed. Section 5. The Agency agrees that it will not knowingly direct or require an employee to take an action that would violate this Master Agreement or a law, statute, regulation, or executive order applicable to the Agency. Section 6. Where an employee is the subject of a security investigation conducted by the Agency, upon completion of the investigation, or that portion of the investigation involving the employee, the employee is entitled to receive, upon request, all documentation pertaining to that investigation which concerns that employee. Portions of documentation or entire documentation which the Agency cannot disclose because of the Privacy Act of 1974 or because it does not control the release of the documents, are not subject to this Section. Personally identifiable information will not be released within the Agency's organization except to persons having a bona fide operational need to know. Where a request for such information is made by a source outside the Agency, the information will not be released unless prior written approval is obtained from the employee, or unless the Agency is required by law or regulation to provide the information, or unless the request is made by a law enforcement Agency. The Agency will adhere to the Privacy Act and the Freedom of Information Act. Section 7. An employee of the Unit who is the subject of an examination/investigation by a supervisor or a representative of the Agency, shall be given the opportunity to have representation if the employee reasonably believes that the examination may result in General Order 3-5disciplinary action against the employee and if the employee requests representation during this examination. Should these developments occur, unless modified by this Agreement.no further

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to Neither the benefits and rights District nor the Association shall unlawfully discriminate against any Faculty Member because of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms participation in lawful Association activities or lack of the Agreement shall prevail. The Agreement shall be the governing factor participation in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General OrdersAssociation activities. Section 2. Employees The official personnel file of an academic employee shall be required to observe and comply with all current and future rules and regulations of maintained at the SheriffDistrict’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementationHuman Resources. Section 3. Employees Personnel files shall have be available for inspection during regular office hours each day the right to inspect Office of Human Resources is open for business. Faculty Members may review their personnel files in accordance with provided that it is at a time when there would be minimal interruption of the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption Faculty Member’s services to the provision of efficient District and effective service when the personnel clerk/administrator responsible for files is available to be in attendance. Personnel files, which may be inspected, shall not include such materials as ratings, or records, which were obtained prior to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense employment of the requestorperson involved. Section 4. Personnel files are to be accessed only by persons who have a legitimate need and legal authorization to review file contents within the scope of their employment. Section 5. All material of an evaluative nature subsequent to employment placed in the personnel file shall indicate the date it was prepared or placed in the file and who was responsible for its preparation. Section 6. Written statements of a positive nature received by the District pertaining to the employment performance of a Faculty Member shall be placed in the Faculty Member’s personnel file upon the Faculty Member’s request. Section 7. Information of a derogatory nature, except non-disclosable materials mentioned in Section 3 of this Article, shall not be entered or filed unless and until the employee is given notice and the opportunity to review and comment thereon. An employee shall have the right to insert enter, and have permanently attached to any derogatory statement, his/her own comments thereon. Such review shall take place during business hours, and the employee shall be released from duty (but not during such employee’s teaching hours) for this purpose without any salary reduction. Derogatory information placed in his the personnel file shall identify the source(s) of such information or, alternatively, where the source is a current student and where confidentiality of such source is appropriate, the information shall not be placed in the file unless the Supervising Administrator has conducted an appropriate investigation into the circumstances. If subsequent to the entry of derogatory information into the personnel file, or Administrative Investigation file if applicablethe District determines that the information is inaccurate in a material respect, a statement setting forth the correct information shall be permanently attached to the statement containing derogatory information, and the employee shall be provided a copy. Section 8. A Faculty Member may submit a written and signed refutation request to the Chief Human Resources Officer for the removal from his/her personnel file of any material he considers to be negative derogatory materials five (5) or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementmore years old.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1A. There shall be a probationary period of sixty (60) scheduled work days for employees. Employees covered by this Agreement are also entitled During such time, a new employee shall have no seniority rights, and his/her qualifications to do the work required and his/her discharge or layoff for any reason shall not be subject to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor grievance or arbitration procedures set forth in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft Employees retained beyond the sixty (60) scheduled work day period shall have their seniority computed as of same will be provided to the PBA at least ten (10) days prior to implementationtheir first day of actual work in an open bargaining position. Section 3. B. Employees shall have the right to inspect review their Board of Education official personnel files in accordance with file maintained at the provision of General Order 6-Board office. 1. Said inspection Personnel files shall occur be reviewed in the presence of the Superintendent or designee at reasonable times so long as said inspection does not interfere with a time arranged by the Superintendent or cause disruption to designee and the provision employee. 2. A representative of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an Association may accompany the employee at the employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestorrequest. Section 43. An employee may obtain a copy of material in the personnel file at cost. 4. A copy of the evaluation form concerning the employee’s performance shall be given to him/her within ten (10) work days after such evaluation is made. 5. Employees shall have the opportunity to read any material, which may be considered derogatory to the employee’s conduct, service, character or personality before it is dated and placed in the personnel file. The employee shall acknowledge that he/she has the material by affixing his/her signature to the copy to be filed and a copy shall be given to the employee. The signature shall not indicate agreement with the contents of the material, but indicates only that the material has been inspected by the employee. Any member of the bargaining unit shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, submit a written and signed refutation of answer to any material he considers placed in the employee’s personnel file subsequent to employment and his/her answer shall be attached to the file copy. 6. Each employee shall have the right, upon request, to review the contents of his/her own personnel file by making reasonable and mutually convenient arrangements in advance. At such time, an employee can request documents to be negative removed from his/her own personnel file that are obsolete or detrimentalotherwise inappropriate for retention. The refutation Such request can only occur once every calendar year. Said documents shall be reviewed by an appropriate member of the Human Resources Director administrative staff and if they agree, shall be removed. 7. Anonymous letters shall not be placed in an employee’s personnel file. C. The Board and the Association recognize and agree that all bargaining unit employees shall have the right to join, participate in and assist the Association and the right to refrain from such membership or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained activities. Membership in the material for which the refutation is being written. Signed witness statements Association shall not be permitted a condition of witnesses having direct knowledge employment. D. The parties ascribe to non-discrimination because of age, religion, ancestry, sex, race, national origin, color or disability. E. Employees who have been required to submit to drug and/or alcohol testing shall receive written notification of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementresults.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1(a) Academic Freedom (i) Employees who are involved in some aspect of teaching may, at any time during the term of their appointment, comment in writing on the content, structure, texts and teaching methods used in the course. Employees covered by this Agreement are also entitled Such comments may be presented to the benefits and rights Supervisor, Department Head, or Xxxx, who shall, upon request of the Pinellas County Sheriff’s Office General Orders (Employee, meet to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and discuss the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least matter within ten (10) working days prior of receipt of the written comment. If the Employee is not satisfied with the result of these discussions, the matter may be referred to implementationthe Parties for discussion at the JCAA. Section 3. Employees (ii) No Employee shall have suffer reprisal for exercising the right to inspect comment in accordance with Clause 15.05 (a) (i). (iii) Academic freedom includes the freedom to examine and question, teach and learn, research and invigilate as well as disseminate opinion(s) and speculate without deference to prescribed doctrine on questions, ideas, principles, concepts, and issues related to pedagogy and research. (iv) The Employer accepts its responsibilities to Employees in upholding their personnel files rights to academic freedom in performance of their duties as long as said behaviours have academic substance, are pertinent to each work assignment, and are subject to the reasonable direction of and agreement with the Supervisor. In the exercise of academic freedom, Employees shall discharge their responsibilities in accordance with the provision lawful expectations of General Order 6-1. Said inspection the Employer and, in teaching functions, with the needs of the students. (v) The claim of academic freedom shall occur at reasonable times so long not excuse Employees from meeting their duties and responsibilities as said inspection does not interfere with or cause disruption to set out in the provision Collective Agreement, their individual contracts, and the instructions of efficient their Supervisor. (vi) When the objectives, content and effective service to method of delivery are prescribed by the public. Likewise, whenever another individual makes a public records request to review an employee’s fileSupervisor in the work assignment, the employee will be notified Employee shall fulfill such assignment responsibly and fully. When work assignments permit Employees to have a wider degree of latitude than is possible in accordance with more fully prescribed assignments, the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at Employee may develop and deliver such assignments provided the expense of the requestor. Section 4. An employee shall content and structure have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed been approved by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementSupervisor.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

EMPLOYEE RIGHTS. Both parties recognize that it is important to investigate allegations of misconduct to protect the Employer from claims of liability and to clear the good name of the employee. Both sides recognize that any investigation through a formal internal affairs investigation or informally by a supervisor is a very stressful process. Therefore, the Employer promises that these investigations will take place in the most professional manner as possible and that interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. The Association pledges it will urge employees to cooperate fully with any investigation to allegations of misconduct. In order to accomplish these goals, the parties have agreed to the following procedures: Section 1. Employees covered by this Agreement are also entitled If after the complainant is interviewed regarding an action or inaction of an employee, and further investigation is deemed necessary, the employee shall be notified in writing of the complaint as soon as is practical. Any employee who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against them, will be afforded the following safeguards: The employee will be informed prior to the benefits and rights interview if the Employer believes the employee is a subject in the investigation. At least twenty-four (24) hours prior to any interview with the employee where the Employer may impose a written reprimand, economic sanction, such as suspension, salary reduction, demotion, or dismissal upon the employee as a result of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersunderlying incident, the terms employee and Association representative will be provided written notice of the Agreement shall prevailnature of the investigation and of facts reasonably sufficient to inform the employee of the circumstances surrounding the allegations under investigation known at the time and informed of and afforded the opportunity to consult with an Association representative. The Agreement written notice will include the name of all investigators who are expected to be present at the interview. The requirement will not apply where the employee is under investigation for violations of the Controlled Substances Act, or violations which are punishable as felonies or misdemeanors under Oregon Law. Also the employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The employee shall be allowed the governing factor right to have an Association representative present during the interview. Interviews shall take place at Department facilities or worksites, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. Telephone interviews may occur where mutually agreed. The Agency shall make a reasonable good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. Where an employee is working on a graveyard shift, the interview can be scheduled contiguously to the employee’s shift so long as appropriate overtime or irregular hour’s payments are made. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which the employee is entitled under the laws of the State of Oregon or the United States. Investigatory interviews will be held in all cases even though a professional and mutually respectful manner. During interviews Employees shall upon request be allowed a reasonable break to use the benefits rest room facilities. In the absence of recorded material from either the Employer or rights provided may Association, the employee will be greater given a copy of any written statement or lesser than provided for report describing the employee’s statements. In the event of a subsequent interview in the Sheriff’s Office General Orderscourse of the same investigation, the written statement will be provided before the interview. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations If the Department, Association, or employee tape records of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminatedinterview, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf complete interview of the employee, noting all recess periods, shall be filed furnished upon request, to all parties. If the interviewed employee is subsequently charged and any part of the recording is transcribed by the Employer, the employee shall be given a complimentary copy thereof. All interviews shall be limited in accordance scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. A. Institution management shall meet monthly with the grievance procedure contained designated AOCE officer(s) and assigned representative to review and update them on the status of all investigations affecting employees at their location. B. The employee shall be notified in General Order 3-5writing of the outcome of the investigation within a timely manner after the investigation has been completed. C. Except for conditions outlined in the subsection (D) of this section, unless modified by investigations involving an employee that may lead to a suspension without pay, pay reduction, demotion or dismissal will be completed no later than six (6) calendar months starting from the first interview date. However, the Employer may extend the investigation to a maximum of twelve (12) calendar months from the first interview date provided the Employer gives written notice to the Association and employee, explaining the reason for the extension. D. The time limits provided in subsection (C) of this Agreement.section shall not apply when any one (1) of the following occurs:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled ) The employee shall be simultaneously furnished with a copy of any departmental charge that is transmitted to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders)Chief. If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same A copy will also be provided to the PBA Senior OPBA Director. 2) Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he/she shall be advised that his/her refusal to answer such questions or participate in such investigation will be the basis of such a charge. 3) Investigations shall be conducted as reasonable times giving due consideration to the urgency of the matter under investigation, allowing for rest periods and attendance to physical necessities. 4) An employee may request an opportunity to review his/her personnel file at least reasonable times and shall upon request, be granted free charge up to ten (10) days prior to implementation. Section 3. Employees copies per year of material contained in the personnel file in excess of ten (10) copies shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption be given to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, employee at five (5) cents per copy provided copies are made during non-working hours by the employee will be notified in accordance with and at a time approved by the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4Chief or his designee. An employee shall have the right to insert comment in his his/her own handwriting and attach to items in his/her personnel file on any adverse material contained in such file and may have a representative of the OPBA present when reviewing his/her file. No item shall be removed from a file. 5) In the course of an internal investigation, a polygraph examination and/or voice stress analyzer will be administered only with the consent of the employee under investigation. If, in the course of an internal investigation, an employee has been given a polygraph examination and/or voice stress analysis, such examination and/or analysis shall not be used in any subsequent court action, except in accordance with applicable rules of evidence. 6) All complaints by civilians, which may involve suspension or discharge of an employee, shall be in writing and signed by the complainant. The Employer will furnish a copy of the complaint to the employee whom the complaint has been filed against when such employee is notified of the investigation. A copy will also be provided to the Senior OPBA Director. This section shall not apply to criminal investigations. 7) Written reprimands and written records of verbal reprimands that are more than two (2) years old shall not be used against an employee for purposes of progressive discipline nor introduced into any grievance or arbitration hearing, except that prior disciplinary action, regardless of the date of issuance, may be introduced for purposes of rebuttal. In addition, written reprimands and records of verbal reprimands that are more than three (3) years old shall not be used against an employee for purposes of prior similar conduct. Suspensions that are more than four (4) years old shall not be used by the Employer to support current disciplinary action except prior similar conduct, regardless of when such conduct occurred. In no event shall records of disciplinary action be removed from any personnel file. 8) The City will maintain only one (1) personnel file for each employee, so long as certain data and other files may be maintained by other City employees (i.e. Human Resources Manager, Finance Director, police personnel, Civil Service Commission, and others as needed). 9) Any anonymous complaint will not be kept in the employee’s personnel file, but will be kept in a separate file for anonymous complaints. 10) Any unfounded or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to unsustained complaint will not be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained kept in the material employee’s personnel file, but will be kept in a separate file for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, unfounded and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementunsustained complaints.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section SECTION 1. Employees covered by this Agreement are also entitled to No employee shall be disciplined without the benefits and rights element of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevailjust cause. SECTION 2. The Agreement shall be Department Head or designee reserves the governing factor right to conduct internal investigations to uncover the facts in all cases even though each case but expressly agrees to carefully guard and protect the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2rights, privacy and dignity of accused personnel. Employees shall fully cooperate with an investigation and shall not withhold any information that may be required relevant to observe and comply with all current and future rules and regulations the investigation. SECTION 3. In conducting internal investigations the Department Head or designee will not knowingly commit any act which deprives the employee of any statutory or constitutional rights or privileges. A. In order to justify investigations by the County, citizens’ complaints must be verified in person or signed by the person making the complaint. In no event will a citizen's complaint taken over the telephone without verification of the Sheriff’s Office except those that are identity of the caller be the basis for discipline against an employee. B. Only sustained findings may be inserted in conflict with this Agreementpersonnel records. Whenever a General Order, Bureau SOPUnfounded findings will not be inserted into the permanent Personnel record, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided referred to the PBA at least ten (10) days prior to implementationin performance evaluations. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with C. When an employee is questioned or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes interviewed concerning a public records request to review an employee’s filecomplaint or allegation, the employee will be notified informed prior to the interview of the nature of the investigation ands to whether he/she is the subject of the investigation or a witness in the investigation. D. Interviews and questioning of employees will be conducted in a professional manner. Statements from employees will not be taken in a coercive manner. Dishonesty during an investigation shall be considered just cause for discipline, up to and including discharge in the County’s discretion in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestorthis Agreement. Section 4. An employee shall E. Employees who are the subject of a disciplinary investigation shall, upon request, (i) have the right to insert union representation or, if the employee so chooses, designated legal counsel, and (ii) shall receive a copy of their written or recorded statement at no cost to the employee no less than 24 hours prior to their “Xxxxxxxxxx” hearing. See “Xxxxxxxxxx x. Xxxxxxxxx Board of Education, 000 X.X. 000 (1985).” F. Upon conclusion of an investigation, the employee who has had prior notification of an internal investigation shall be notified in his personnel filewriting of the disposition of the case. G. The County and the F.O.P. shall not make any press release regarding any internal investigation. SECTION 5. Employees shall comply with all existing work rules, provided that the rules the employees believe are in conflict with the terms of this Agreement or Administrative Investigation file if applicablesituations in which the rules are not being uniformly applied may be grieved by the employee; however, a written and signed refutation of any material he considers the employee will comply with such rules until they are found, through the grievance procedure, to be negative conflicting or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commanderinappropriately applied, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained except in the material for those situations in which the refutation is being written. Signed witness statements shall employee reasonably believes there to be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, an immediate and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementsubstantial safety hazard.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Employee Rights". Employees The wide-ranging powers and duties given to the department and its members involve them in all manners of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require an immediate investigation by superior officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated. a. Whenever the Chief of Police or the designated alternate of the Chief of Police decides to conduct a formal internal affairs investigation, any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation, and advised of the rights of the employee before any interview of the employee begins. Written notice shall include sufficient information necessary to reasonably apprise the employee of the allegations of such complaint. b. Any interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. Where practicable, interviews shall be scheduled for the daytime. c. The interview, which shall not violate the employee's constitutional rights, shall take place at the Xxxxxx Police Station facility, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and/or a representative of the Association. Said attorney and/or representative of the Association may be present during the interview but shall not participate in the interrogation except to counsel the employee. Association representative or attorney may participate to the extent permitted by law. d. The questioning shall not be overly long and the employee shall be entitled reasonable intermissions as the employee shall request for personal necessities, meals, telephone calls and rest periods. e. The employee shall not be subjected to any offensive language, nor shall the employee be threatened with dismissal, transfer, or other disciplinary punishment as a guise to obtain the resignation of the employee nor shall the employee be intimidated in any manner. No promises or reward shall be made as an inducement to answer questions. f. It shall be unlawful for the City to require an employee covered by this Agreement are also entitled agreement to take or be subjected to any polygraph or any polygraph type of examination as the benefits and rights condition of continued or continuous employment or to avoid any threatened disciplinary action. g. At the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersemployee's request, the terms of the Agreement shall prevail. The Agreement interrogation shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2recorded on tape by management. Employees One copy shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten Association representative or employee. Three (103) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6a pre-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filedisciplinary hearing, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense advised of the requestor. Section 4. An employee shall have results of the right to insert in his personnel file, or Administrative Investigation file if applicable, a written investigation and signed refutation of any material he considers to be negative or detrimental. The refutation the recommended disposition and shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge furnished a copy of the issue(s) only; these investigation report to include a list of all exhibits, provided that the Employer is not required to release statements shall also be reviewed made by the Human Resources Director or Inspections Bureau Commander, whichever is applicablepersons requesting confidentiality, and must also specifically address only provided further, such confidential statements may not be relied upon to form the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf sole basis of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementdiscipline.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A probationary period shall be utilized for the most effective adjustment of a new employee and for the separation of any employee whose performance does not, in the judgment of the employee's supervisor, meet the required standard of performance. The probationary period shall last for six months. If the Employer determines at any time during the probationary period that the job performance of the probationary employee is unsatisfactory, the employee may be separated upon written notice from the Employer, stating the reasons for the separation. The separation of a probationary employee is not subject to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersgrievance procedure. Section 2. No permanent employee may be disciplined or discharged except for just cause and with due process. Due process requires that an employee is informed in writing of the reason(s) for the disciplinary action and is provided with an opportunity to respond to the proposed action prior to its implementation. Section 3. An employee may request the presence of a representative during an investigatory interview which the employee believes may reasonably result in disciplinary action. It is understood that the employee may decline to answer any specific question during such an interview. Section 4. Any employee charged by a client with improper behavior or with violating an agency rule or policy shall be deemed innocent until such time as sufficient evidence to the contrary has been presented. Any disciplinary action based on a client complaint may be appealed through the grievance procedure. Section 5. Positions which are currently filled by bargaining unit members shall not be made into a job-sharing position except by mutual agreement or until the position becomes vacant. Section 6. Employees shall receive a copy of their current position description or class specification from Human Resources within five working days after Human Resources receives an oral request. Section 7. An employee may obtain a copy of any document in their personnel file. An employee may place any relevant document in their personnel file. Section 8. The statewide performance evaluation system or another system approved by the Personnel Division shall be required to observe and comply with all current and future rules and regulations utilized by the Employer in the evaluation of the Sheriff’s Office except those that are in conflict with employees covered by this Agreement. , Section 9. Whenever performance appraisals are prepared, a General Order, Bureau SOPcopy of the results of the evaluation shall be transmitted to the employee. The immediate supervisor shall discuss the evaluation with the employee and note by signature retained in the personnel file that the Section 10. No information reflecting critically upon an employee shall be placed in the personnel file of the employee that does not bear either the signature or initials of the employee indicating that they have been shown the material, or Sheriff’s Order a statement by a supervisor that the employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 11. Letters of warning or reprimand shall be removed from the employee's personnel file after 12 months, unless the employee is created, modifiedformally disciplined within the 12- month period, or eliminatedunless the material is applicable to a pending legal or quasi-legal proceeding. In order for letters of warning or reprimand to be removed, the employee must request in writing to Human Resources, to have the letter removed. Letters of suspension shall be removed from the employee's personnel file after 18 months, by written request from the employee to Human Resources, unless the employee is formally disciplined within the 18-month period, or unless the material is applicable to a pending legal or quasi-legal proceeding. In such cases, any disciplinary letters shall remain in the personnel file for at least one year from the date of the most recent formal disciplinary action, until the resolution of the pending legal or quasi-legal proceeding, or, in the case of suspension until the expiration of the original 18-month period, whichever is longest. Section 12. Material shall not be placed in the personnel file of an employee which is not in conformity with this Article, nor shall such material be used in any subsequent evaluation or disciplinary proceeding involving the employee. Section 13. Employees who terminate their service will be furnished, upon request, a draft letter stating their classification and length of same will be provided service. Section 14. The Employer shall ensure reasonable access to each employee an up-to• date policy manual of its rules, regulations, and policies on employment related matters. The Unit Supervisor shall provide information on new procedures within the PBA at least ten (10) days unit prior to implementation. Section 315. Employees Any employee desiring that material, other than performance appraisals (unless tied to pay), which they feel is incorrect and should be removed from the personnel file of the employee, shall have the right to inspect their personnel files in accordance with appeal it through the provision grievance procedure. Section 16. During the term of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to this Agreement the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee Federation will be notified at least 60 days in accordance with the provisions of General Order 6-1. Copies advance of any material in a personnel file Employer decision to contract out bargaining unit work. The effects of such contracting out shall be made at the expense of the requestorsubject to negotiations prior to implementation. Section 417. An employee All vacant positions which require a background check shall have include such requirement in the right to insert position announcement and specify any known type of background check. Information obtained as a result of a background check shall not be maintained in his the employee's personnel file. Section 18. Upon notification from the Federal Government of changes to federal systems requiring background checks of current employees, or Administrative Investigation file if applicable, the Department shall provide notification to the Federation. Upon written request the Department will provide a written and signed refutation list of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementaffected members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 17.1 No material related to an employee's conduct, or service, character or personality shall be placed in his/her personnel file unless justified and it is signed by the person submitting the information. Employees covered The employee shall be given the opportunity to acknowledge that he/she has read such material by this Agreement are also entitled affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. No such material shall be used in a hearing against an employee unless opportunity for such a review has been afforded. An employee's refusal to sign will be noted by an administrator and a witness. Any material related to an employee's conduct or service, shall not be placed in his/her personnel file unless the following statement is added to the benefits and rights material before the employee signs: "The signature of the Pinellas County Sheriff’s Office General Orders (employee does not imply that the employee is agreeing to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms contents of the Agreement shall prevail. material, but that he/she has read the material." The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert answer any material filed and his/her answer shall be attached to the file copy. An employee shall be permitted, by appointment, to examine his/her personnel file except for employment references. There shall be no separate personnel files that are not open for inspection by the employee. An employee's personnel file shall be open to inspection only by those persons whose official or legal responsibilities require such inspection. One (1) year after materials are placed in his an employee's personnel file, the employee may petition the Superintendent to remove such material, excluding annual final evaluations that the employee feels is adverse in nature. 7.2 Disciplinary action or Administrative Investigation measures shall consist of: verbal warning, written warning, written reprimand, suspension and termination. Where possible, progressive discipline is to be utilized; however, where the offense is deemed to be of gross enough nature, the preceding steps may be waived and the employee may be terminated. No disciplinary action shall be taken except for just cause. No permanent employee shall be subjected to suspension or termination without being informed of the reason(s) and afforded an opportunity to give an oral response. Such employee who has been subjected to any disciplinary action or measure by the Superintendent or designee shall have, at a minimum, the right to file an appeal to the Board under Section 4-205(c) of the Annotated Code of Maryland if applicablefiled within thirty (30) days after the suspension or termination decision is rendered. Employees accused of misconduct in office, following the Administration’s initial investigation of a reported incident, have the right to request that an Association representative and/or legal counsel be present at any subsequent meeting with the Administration that he/she has been advised will result in a suspension or discharge. If an employee exercises his/her right for representation at this step, the employee bears the sole responsibility of notifying the Association representative and/or legal counsel. The Association representative and/or legal counsel will make himself/herself available to meet within two duty days from the time the employee was advised of the need to meet for the above reasons. In the event the Association representative and/or legal counsel fails to appear at the scheduled date and time, the meeting shall proceed without him/her. It is expressly understood and agreed that this provision is not intended to and does not apply to any or all meetings between employee and supervisory or administrative staff which are related to or are part of the evaluation of employee competence or any other investigation or consideration by the administration of employee competence. It is further expressly agreed and understood that this provision is also not intended to apply to situations involving aggravated employee misconduct where the best interests of the school system require immediate paid suspension/administrative leave of the employee. The employee involved in immediate paid suspension/administrative leave has the right to request that an Association representative and/or legal counsel be present in all subsequent meetings regarding the immediate paid suspension/administrative leave. 7.3 Following receipt of a written reprimand for misconduct, an employee may request a meeting with his/her administrator and/or supervisor and signed refutation Association representative and/or legal counsel the purpose of any material he considers which is to be negative or detrimentalclarify the expectations for change pursuant to the written reprimand. 7.4 Representatives of the Board shall meet with the representatives of the Association semi-annually to discuss suggestions for and location of inservice courses and other professional growth activities. The refutation Board agrees to provide inservice courses for all educational support staff. In addition, employees shall be reviewed allowed to apply for job related inservice courses provided for teachers. 7.5 The Board shall give each employee a copy of his/her job description upon their employment, and the employee and CAESS will be notified by email of the updated job description and all current job descriptions will be posted and maintained on the Calvertnet website beginning January 1, 2017. 7.6 There shall be an opportunity to have at least one (1) CAESS member on every school improvement team. In any building site where a site based decision committee exists, there shall be an opportunity to have at least one (1) CAESS member on the committee. 7.7 Support personnel are required to perform any needed and legal tasks assigned by the Human Resources Director Superintendent or Inspections Bureau Commanderhis/her designee with the following guidelines: Secretaries, whichever building service, food service, health service, maintenance, and other support employees not identified in item 5.7 above shall not be used to cover or substitute for a teacher or to perform lunch duty, hall duty or bus duty; except in emergency situations. Emergency shall refer to a condition or situation which could not have been anticipated under normal circumstances. Instructional assistants may be used to cover for a teacher when the teacher is applicableinvolved in an in-school related meeting (i.e. parent conference, IEP meeting, team meetings, etc.). Every attempt will be made to ensure limit the length of coverage during the day. Instructional assistants will not be used to cover classes so that another employee may leave early except in emergency situations. Emergency shall refer to a condition or situation, which could not have been anticipated under normal circumstances. 7.8 No employee shall be required to handle any object suspected of being a bomb or similar device. Employees shall be used to search for a suspected bomb or similar device only under the supervision of the appropriate bomb squad authorities. 7.9 New employees shall be given training/orientation as it specifically addresses only applies to their specific job. 7.10 Representatives of the issue or issues contained Board shall meet with representatives of the Association up to four times a year to share information related to health and safety in the material workplace. These representatives shall be identified within thirty (30) days of ratification of this Agreement. 7.11 During August of each year, three (3) designated consecutive hours will be provided for employees to complete the system required online compliance training. Employees may opt to work the designated time off site in an environment that is conducive to work, with notification to their immediate supervisor. 7.12 An employee may advance one (1) index at a minimum on the salary schedule during any school year for which the refutation is being written. Signed witness statements shall be permitted employee receives a recommendation of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementrehire.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights Before an employee may be charged with any violation of the Pinellas County Sheriff’s Office General Orders (Rules and Regulations for a refusal to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersanswer questions or participate in an investigation, the terms of the Agreement shall prevail. The Agreement he shall be advised that his refusal to answer such questions or participate in such investigation will be the governing factor in all cases even though basis of such a charge. Employees shall be afforded the benefits opportunity for union representation at any meeting or rights provided line of questioning that may be greater or lesser than provided for in the Sheriff’s Office General Orderslead to discipline. Section 2. Employees Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the employee's shift, unless operational necessities require otherwise. Should said questioning and interviewing be conducted during hours other than the officers regularly scheduled shift, the officer shall receive compensatory time at the appropriate rate, with a four (4) hour minimum. Such questioning and interviewing shall be required to observe for reasonable periods of time and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will time shall be provided for rest periods and attendance to the PBA at least ten (10) days prior to implementationphysical necessities. Questioning and interviewing shall be recorded unless mutually agreed otherwise. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the An employee will be notified in accordance with informed of the provisions of General Order 6-1. Copies nature of any material in investigation of himself prior to any questioning. If the employee being questioned is, at that time, a personnel file witness and not under investigation, he shall be made at the expense of the requestorso advised. Section 4. An employee shall have the right may request an opportunity to insert in review his personnel file, and may add memoranda to the file clarifying any documents contained in the file. A request for copies of any items included in the file shall be furnished by the Employer. All items in an employee's file with regard to complaints and investigations will be clearly marked with respect to final disposition. Section 5. Complaints against a bargaining unit member, anonymous or Administrative Investigation otherwise, when determined to be unfounded by the Chief of Police or his designee shall not be included in any personnel file of the officer and may not be used in any subsequent disciplinary procedure. The original complaint and all copies shall be returned to the bargaining unit member against whom the complaint was alleged. Section 6. All actions of record, including written reprimands, suspensions or dismissal, will be maintained in each member's personnel file throughout his period of employment with the exception that any records or oral reprimands will be removed from the file and destroyed, one year after such was given if applicableno further corrective action has occurred, and any records of written reprimands will be removed from the file upon request of the member, two (2) years after such was given if no further corrective action has occurred. Written reprimands so removed from a personnel file shall be sealed and maintained by the Division of Police. In any case in which a written and signed refutation reprimand, suspension or dismissal is disaffirmed through the Grievance Procedure, or by the Mayor, or by the Civil Service Commission, or by a Court of any material he considers to be negative competent jurisdiction, the personnel record shall clearly indicate such disaffirmance. Discipline administered for harassment or detrimental. The refutation violence in the workplace shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained and sealed and no longer be considered in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(sdiscipline and discharge matters five (5) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementyears after such was given.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 119.1 The public has a right to expect efficient, fair, and impartial law enforcement. Employees covered Therefore, any alleged misconduct by this Agreement are also an employee of the UWPD must be thoroughly investigated to assure the maintenance of these qualities. Employees, too, must be protected against false allegations of misconduct and have the assurance that internal investigations will be conducted in a manner conducive to good order and discipline. 19.2 Every employee who is the subject of an internal affairs investigation or who is interviewed relating to a matter that could lead to discipline (dismissal, demotion, suspension without pay, reduction in pay, written reprimand, or verbal reprimand) of them shall be entitled to be represented by a designated Union representative of their choice. The employee to be interviewed shall be afforded reasonable time prior to the benefits and rights interview to consult with the Union representative. 19.3 Every employee who becomes the subject of an internal investigation shall be advised who is in charge of the Pinellas County Sheriff’s Office General Orders (investigation, who will be conducting the interview, and what initial policy violations have been alleged, prior to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, initial investigatory interview. 19.4 The Employer shall apprise the terms employee of the Agreement shall prevail. The Agreement shall be complaint made against them, and allow the governing factor in all cases even though employee to read the benefits or rights provided may be greater or lesser than provided for allegations contained in the Sheriff’s Office General Orders. Section 2complaint. Employees shall be required to observe and comply with all current and future rules and regulations A sanitized copy of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will complaint shall be provided to the PBA at least ten (10) days prior to implementationemployee and the Union, upon request. Section 319.5 The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Employees shall have Whenever possible, interviews will be scheduled during the right to inspect their personnel files in accordance with normal workday of the provision of General Order 6-1employee. 19.6 The employee or the Employer may request that the interview be recorded, either mechanically or by a stenographer. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to There can be no "off the provision of efficient and effective service to the publicrecord" questions. Likewise, whenever another individual makes a public records request to review an employee’s fileUpon request, the employee will shall be notified in accordance with the provisions of General Order 6-1. Copies provided an exact copy of any material in written statement the employee has signed, a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel fileaudio recording, or Administrative Investigation file if applicable, a written and signed refutation verbatim transcript of any material he considers to be negative or detrimentalinterview. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of Upon written authorization from the employee, the Employer will provide to the Union a copy of any signed statement, copy of the audio recording, or verbatim transcript provided to the employee. The transcript will be filed in accordance provided if a transcript is made. 19.7 Interviewing shall be completed within a reasonable time and the employee shall be entitled to reasonable breaks for personal necessities, meals, telephone calls, consultant with the grievance procedure contained Union, and rest periods. 19.8 All interviews shall be limited in General Order 3-5scope to activities, unless modified by this Agreementcircumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 16.1 An administrator may meet with an employee at any time to investigate an incident. Employees covered The employee may have a Union representative present at any investigatory interview or any meeting where discipline or adverse evaluation may result. When a request for representation by this Agreement are also an employee is made, no further action shall be taken with respect to the employee until such representative of the Union is present. No employee will be discharged or reduced in compensation without due process. 6.2 Discipline shall be administered in a fair, consistent and reasonable manner and shall not be issued without just cause. Discipline shall be defined as discharge, non-renewal, or reprimand (oral or written). This standard does not apply to a probationary employee. 6.3 In the event of written warning, suspension, non-renewal or dismissal, the District will state in writing to the employee, the reasons for action taken. A copy of said disciplinary action shall be handed to or delivered to the employee within twenty-four (24) hours of the action or by the close of the next regularly scheduled business day, whichever shall occur later. 6.4 Each employee shall be entitled to access his/her personnel file at any time upon notice to the benefits and rights Superintendent or his/her designee. The employee may, if he/she wishes, have a representative of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders)Union accompany him/her during such review. If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms Other examination of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file files shall be made at the expense of the requestor.limited to qualified supervisory personnel Section 4. An 6.5 The employee shall have the right to insert make a response to any material contained in his his/her personnel file, and such response shall be made part of said employee’s file. Reproductions of such material may be made by hand or Administrative Investigation copying machine, if available. No material will be placed in an employee’s personnel file if applicable, a without written and signed refutation notification to the employee. Complaints that are unsubstantiated shall not be put in an employee’s personnel file. 6.6 An employee shall be notified of any material he considers complaint regarding that employee made to any member of the administration by a parent, student or other person. A complaint which may result in an addition to the employee’s personnel file shall be negative or detrimentalpromptly investigated within thirty (30) school days. The refutation employee shall have an opportunity to respond in writing and all such responses shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, attached to ensure that it specifically addresses only the issue or issues contained all copies of any written complaints in the material for which the refutation is being written. Signed witness statements all filed copies. 6.7 Evaluations shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed done in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementBarnstead School District and B.E.S.T. Evaluation Plan (Appendix D). An evaluation committee with equal representation from the administration and union shall meet at least once annually to review the plan and recommend any changes to the plan to the parties.

Appears in 2 contracts

Samples: Master Contract, Master Contract

EMPLOYEE RIGHTS. Section A. The Township will provide the FOP with copies of all personnel orders as soon as the personnel orders are issued. As used in this Section, “personnel order” shall be defined as all written notices of actual disciplinary actions, notices of intent to take disciplinary actions, transfer notices, promotion notices and termination notices. B. Any Employee who will be interviewed concerning an act which, if proven, could reasonably result in disciplinary action against his/her will be afforded the following safeguards: 1. Employees covered The Employee will be informed prior to the interview if the Township believes the Employee is a suspect in the investigation. 2. The Employee will be informed of the nature of the investigation and allegations and afforded the opportunity to consult with a FOP representative prior to an interview. The Employee shall be allowed the right to have a FOP representative or to have said representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than oral reprimand may result) which may be handled immediately when said representative is not readily available. However, if in the course of the interview, it appears as if a more serious disciplinary problem has developed, the Employee will be allowed up to two (2) hours to obtain a representative to assist him/her in the interview. 3. With the exception of telephone interviews, interviews shall take place at the Township facility, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The Township shall make a reasonable good faith effort to conduct these interviews during the Employee’s regular working hours, except for emergencies or where interviews can be conducted by telephone. 5. The Employee will be required to answer any questions involving non- criminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the laws of this Agreement State or the United States. 6. Interviews shall be conducted under circumstances devoid of intimidation, abuse or coercion. 7. The Employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities. 8. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Township from questioning the Employee about information, which is developed during the course of the interview. C. If the Township tape-records the interview, a copy of the complete interview of the Employee, noting all recess periods, shall be furnished, upon request, to the Employee. If the interviewed Employee is subsequently charged and any part of any recording is transcribed by the Township, the Employee shall be given a complimentary copy thereof. D. Interviews and investigations shall be concluded with no unreasonable delay. E. The Employee shall be advised of the results of the investigation and any future action to be taken on the incident. F. When the investigation results in Departmental charges being filed against the Employee, the Employee, upon request, will be furnished with a copy of the reports of the investigation which will contain all known material facts of the matter, to include any tape recordings, at no cost. The Employee will also be furnished with the names of all witnesses and complainants who will appear against him/her and/or whose statements will be used against him/her. G. Every effort to ensure that investigations made by Command Officials, as designated by the Township, are also conducted in a manner which is conducive to good order and discipline, the FOP shall be entitled to the benefits and rights protection of what shall hereinafter be termed as the “Uniformed Employee Xxxx of Rights.” H. Every Employee who becomes the subject of an internal investigation shall be advised at the time of the Pinellas County Sheriff’s Office General Orders (interview that he/she is suspected of: a) committing a criminal offense; b) misconduct that would be grounds for termination, suspension, or other disciplinary action; c) that he/she may not be qualified for continued employment with the Township. I. Any Employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. This representation by counsel is confined to include Bureau Standard Operating Procedures counseling and Sheriff’s Orders)not actual participation in the investigation. A criminal investigation as used herein shall be interpreted as any action, which could result in the filing of a criminal charge. A major investigation as used elsewhere in this Article shall be interpreted as any action, which could result in dismissal from the department or the filing of a criminal charge. J. The Employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. K. The Employee shall be informed in writing as to whether he/she is a witness or suspect before any interview commences. If the Employee is a suspect, he/she shall be apprised in writing of the allegations of such complaint before any conflict occurs between this Agreement and interview commences. L. The interview of any Employee shall be at a reasonable hour, preferably when the Sheriff’s Office General OrdersEmployee is on duty, unless the emergency of the interview dictates otherwise. M. The Employee or Township may request that a major investigation interview be recorded, either mechanically or by a stenographer at the cost of the calling party. There can be no “off the record” questions. Upon request, the terms Employee under major investigation shall be provided an exact copy of any written statement he/she has signed, or of a verbatim transcript of any interview. N. Interviews shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all major investigation interviews, the Employee shall be afforded an opportunity and facility to contact and consult privately with an attorney of his/her own choosing, before being interviewed. The Employee shall be entitled to such intermissions as he/she shall request for personal necessities, meals, telephone calls, and rest periods. O. All interviews shall be limited in scope to activities, circumstances, or events which pertain to the Employee’s conduct or acts which may form the basis for disciplinary action under one (1) or more of the Agreement categories contained herein. P. The Employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall prevailhe/she be subject to abusive or offensive language or intimidation in any other manner. The Agreement No promises or rewards shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersmade as an inducement to answer questions. Section 2. Employees Q. No Employee shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever unwillingly submit to a General Order, Bureau SOP, polygraph test or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material unwilling answer questions for which the refutation is being written. Signed witness statements Employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination. R. Should any section, sub-section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall be permitted of witnesses having direct knowledge not affect the validity of the issue(sremaining portions of this article. S. The Township will reimburse the bargaining unit for all fees and costs associated with the successful appeal of disciplinary actions. Payment to be made within thirty (30) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf days of the employee, be filed in accordance with submission of the grievance procedure contained in General Order 3-5, unless modified by this Agreementcosts to the Township.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to Any employee who is the benefits and rights subject of an internal complaint concerning the functions of the Pinellas County Sheriffemployee’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms job shall be informed of the Agreement nature of the complaint in writing as soon as possible and shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersrespond within five (5) working days. Section 2. Employees shall At the request of any employee who is to be required interviewed relative to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOPcitizen or criminal complaint, or Sheriff’s Order is createdany type of personnel investigation, modifiedthe employee shall have the right to be represented by counsel or any other type of representative of their choice, or eliminated, a draft of same will who may be provided to present at all times during the PBA at least ten (10) days prior to implementationinterview. Section 3. Employees under investigation shall have not be reassigned arbitrarily or as punishment, and reassignment shall only be made when necessary for the welfare of the employee, agency, or public. Section 4. The interview of an employee shall be during regular office hours. Section 5. Limited to the situation where a citizen complaint has been filed against an employee, and after investigations by the Agency of that complaint when no other corroborating evidence has been uncovered to prove or disprove either the citizen's complaint or the employee's explanation of the incident, it shall be the right of the complaining citizen to take a polygraph examination administered by a polygraph examiner of the Agency, if such citizen wishes to continue processing of their complaint. If such polygraph examination shows the complaining person or witness to be truthful as to the relevant issues of the complaint, then the employee may be compelled to submit to a polygraph examination regarding that investigation. Section 6. An employee may be required to submit to a polygraph examination during the course of an investigation. Section 7. An employee has the right to inspect tape their investigatory interview. Section 8. An employee may request that an internal investigation case file be sealed after five (5) years by submitting such request to the Sheriff or their designee in writing. Upon receipt of such request, the Sheriff or their designated representative shall seal the internal investigation file and place it in a locked confidential file as described in Section 10. The employee may request to be present to witness the sealing and transfer of the file. Section 9. An employee may request that a Personnel Action be removed from the employee’s personnel files maintained in accordance with the provision Human Resources Department and Agency as follows, provided no disciplinary action is currently pending and there has been no subsequent disciplinary action taken against the employee for a same or similar violation: A. Personnel Actions in the categories of General Order 6-counseling or warning may be removed after one (1) year from the date the incident occurred or was discovered by the agency, whichever is later. B. Personnel Actions in the category of reprimand may be removed after two (2) years from the date the incident occurred or was discovered by the agency, whichever is later. C. Personnel Actions in the category of suspension may be removed after five (5) years from the date the incident occurred or was discovered by the agency, whichever is later. Said inspection Upon receipt of such request, the Sheriff or their designated representative shall occur at reasonable times so long remove the Personnel Action and place it in a locked confidential file as said inspection does not interfere with or cause disruption described in Section 10. The employee may request to be present to witness the sealing and transfer of the file. The Sheriff shall also forward the request to the provision of efficient Human Resources Department. Section 10. All Personnel Actions removed from employee personnel files and effective service all sealed internal investigation case files will be retained in a confidential locked file maintained by the Chief Deputy Sheriff. These files shall only be unsealed by the Sheriff or designated representative. Prior to unsealing the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimentalwriting. The refutation shall information maintained in such a file may only be reviewed by used for the Human Resources Director purpose of complying with Nebraska Secretary of State records retention requirements, for complying with state or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicablefederal law, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementfor responding to Nebraska Equal Opportunity Commission Charges.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A probationary period shall be utilized for the most effective adjustment of a new employee and for the separation of any employee whose performance does not, in the judgment of the employee's supervisor, meet the required standard of performance. The probationary period shall last for six months. If the Employer determines at any time during the probationary period that the job performance of the probationary employee is unsatisfactory, the employee may be separated upon written notice from the Employer, stating the reasons for the separation. The separation of a probationary employee is not subject to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersgrievance procedure. Section 2. No permanent employee may be disciplined or discharged except for just cause and with due process. Due process requires that an employee is informed in writing of the reason(s) for the disciplinary action and is provided with an opportunity to respond to the proposed action prior to its implementation. Section 3. An employee may request the presence of a representative during an investigatory interview which the employee believes may reasonably result in disciplinary action. It is understood that the employee may decline to answer any specific question during such an interview. Section 4. Any employee charged by a client with improper behavior or with violating an agency rule or policy shall be deemed innocent until such time as sufficient evidence to the contrary has been presented. Any disciplinary action based on a client complaint may be appealed through the grievance procedure. Section 5. Positions which are currently filled by bargaining unit members shall not be made into a job-sharing position except by mutual agreement or until the position becomes vacant. Section 6. Employees shall receive a copy of their current position description or class specification from Human Resources within five working days after Human Resources receives an oral request. Section 7. An employee may obtain a copy of any document in their personnel file. An employee may place any relevant document in their personnel file. Section 8. The statewide performance evaluation system or another system approved by the Personnel Division shall be required to observe and comply with all current and future rules and regulations utilized by the Employer in the evaluation of the Sheriff’s Office except those that are in conflict with employees covered by this Agreement. , Section 9. Whenever performance appraisals are prepared, a General Ordercopy of the results of the evaluation shall be transmitted to the employee. The immediate supervisor shall discuss the evaluation with the employee and note by signature retained in the personnel file that the evaluation has been discussed with the employee. If the employee desires to submit a written response to the performance appraisal, Bureau SOPthe response shall be submitted within 15 working days of the receipt of the appraisal. Contents of performance appraisals are not grievable under the terms of this bargaining agreement unless they are tied to pay. Section 10. No information reflecting critically upon an employee shall be placed in the personnel file of the employee that does not bear either the signature or initials of the employee indicating that they have been shown the material, or Sheriff’s Order a statement by a supervisor that the employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 11. Letters of warning or reprimand shall be removed from the employee's personnel file after 12 months, unless the employee is created, modifiedformally disciplined within the 12- month period, or eliminatedunless the material is applicable to a pending legal or quasi-legal proceeding. In order for letters of warning or reprimand to be removed, the employee must request in writing to Human Resources, to have the letter removed. Letters of suspension shall be removed from the employee's personnel file after 18 months, by written request from the employee to Human Resources, unless the employee is formally disciplined within the 18-month period, or unless the material is applicable to a pending legal or quasi-legal proceeding. In such cases, any disciplinary letters shall remain in the personnel file for at least one year from the date of the most recent formal disciplinary action, until the resolution of the pending legal or quasi-legal proceeding, or, in the case of suspension until the expiration of the original 18-month period, whichever is longest. Section 12. Material shall not be placed in the personnel file of an employee which is not in conformity with this Article, nor shall such material be used in any subsequent evaluation or disciplinary proceeding involving the employee. Section 13. Employees who terminate their service will be furnished, upon request, a draft letter stating their classification and length of same will be provided service. Section 14. The Employer shall ensure reasonable access to each employee an up-to- date policy manual of its rules, regulations, and policies on employment related matters. The Unit Supervisor shall provide information on new procedures within the PBA at least ten (10) days unit prior to implementation. Section 315. Employees shall have Any employee desiring that material, other than performance appraisals (unless Section 16. During the right to inspect their personnel files in accordance with term of this Agreement the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee Federation will be notified at least 60 days in accordance with the provisions of General Order 6-1. Copies advance of any material in a personnel file Employer decision to contract out bargaining unit work. The effects of such contracting out shall be made at the expense of the requestorsubject to negotiations prior to implementation. Section 417. An employee All vacant positions which require a background check shall have include such requirement in the right to insert position announcement and specify any known type of background check. Information obtained as a result of a background check shall not be maintained in his the employee's personnel file. Section 18. Upon notification from the Federal Government of changes to federal systems requiring background checks of current employees, or Administrative Investigation file if applicable, the Department shall provide notification to the Federation. Upon written request the Department will provide a written and signed refutation list of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementaffected members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled 4.1 An employee has the right upon request to the benefits presence and rights advice of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If an OPBA representative at any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderspre-disciplinary hearing. Section 2. Employees 4.2 Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be required advised that his refusal to observe and comply with all current and future rules and regulations answer such questions or participate in such investigation could be the basis of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever such a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementationcharge. Section 3. Employees shall have 4.3 Questioning or interviewing of an employee in the right to inspect their personnel files in accordance with the provision course of General Order 6-1. Said inspection shall occur an internal investigation will be conducted at reasonable times so long as said inspection does not interfere with or cause disruption hours reasonably related to the provision employee's shift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of efficient time and effective service time shall be provided for rest periods and attendance to the publicphysical necessities. Likewise, whenever another individual makes a public records request to review an employee’s fileIn addition, the employee will be notified in accordance with may record such interrogation if he has recording device available so as not to delay the provisions investigation. The Employer may have a transcript of General Order 6-1. Copies of any material in a personnel file shall be made such recording at the expense of the requestorEmployer expense. Section 4. An 4.4 When an investigation moves from investigatory to accusatory and/or the affected employee reasonable believes disciplinary action may result, the affected employee shall have the right to insert in request and have a Union representative present. Such request shall not unreasonably delay the continuation of the investigation. Section 4.5 An employee may request an opportunity to review his personnel file, or Administrative Investigation add memoranda to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material file, and may have a non- employee representative of the OPBA present when reviewing his file. A reasonable request for which copies of items included in the refutation is being written. Signed witness statements file shall be permitted honored. All items in an employee's file with regard to complaints and investigations will be clearly marked with respect to final disposition. Section 4.6 Records of witnesses having direct knowledge disciplinary action that are more than three (3) years old shall not be considered for purposes of progressive discipline. Calendar year begins with the issue(s) only; these statements shall also be reviewed by date of infraction. Section 4.7 During the Human Resources Director or Inspections Bureau Commandercourse of an internal investigation, whichever is applicablethe Employer may administer a polygraph examination to an employee only where reasonable cause exists, and must also specifically address such exam shall focus only on the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by misconduct alleged against the employee or PBA on behalf taking the exam. The exam shall be administered by a neutral person/party. The results of such exam shall not be the basis for discipline of an employee, but rather shall be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementused only as an investigative tool.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. ‌ Both parties recognize that it is important to investigate allegations of misconduct to protect the Employer from claims of liability and to clear the good name of the employee. Both sides recognize that any investigation through a formal internal affairs investigation or informally by a supervisor is a very stressful process. Therefore, the Employer promises that these investigations will take place in the most professional manner as possible and that interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. The Association pledges it will urge employees to cooperate fully with any investigation to allegations of misconduct. In order to accomplish these goals, the parties have agreed to the following procedures: Section 1. Employees covered by this Agreement are also entitled Any employee who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against him or her will be afforded the following safeguards: The employee will be informed prior to the benefits and rights interview if the Employer believes the employee is a subject in the investigation. At least twenty-four (24) hours prior to any interview with the employee where the Employer may impose a written reprimand, economic sanction, such as suspension, salary reduction, demotion, or dismissal upon the employee as a result of the Pinellas County Sheriff’s Office General Orders (underlying incident, the employee will be provided written notice of the nature of the investigation and of facts reasonably sufficient to include Bureau Standard Operating Procedures inform the employee of the circumstances surrounding the allegations under investigation known at the time and Sheriff’s Orders)informed of and afforded the opportunity to consult with an Association representative. If any conflict occurs between this Agreement after the complainant is interviewed regarding an action or inaction of an employee, and the Sheriff’s Office General Ordersfurther investigation is deemed necessary, the terms employee shall be notified in writing of the Agreement shall prevailcomplaint as soon as is practical. The Agreement requirement will not apply where the employee is under investigation for violations of the Controlled Substances Act, or violations which are punishable as felonies or misdemeanors under Oregon Law. Also the employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The employee shall be allowed the governing factor right to have an Association representative present during the interview. Interviews shall take place at Department facilities or worksites, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. Telephone interviews may occur where mutually agreed. The Agency shall make a reasonable good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. Where an employee is working on a graveyard shift, the interview can be scheduled contiguously to the employee’s shift so long as appropriate overtime or irregular hour’s payments are made. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which the employee is entitled under the laws of the State of Oregon or the United States. Investigatory interviews will be held in all cases even though a professional and mutually respectful manner. During interviews Employees shall upon request be allowed a reasonable break to use the benefits rest room facilities. In the absence of recorded material from either the Employer or rights provided may Association, the employee will be greater given a copy of any written statement or lesser than provided for report describing the employee’s statements. In the event of a subsequent interview in the Sheriff’s Office General Orderscourse of the same investigation, the written statement will be provided before the interview. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations If the Department, Association, or employee tape records of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminatedinterview, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf complete interview of the employee, noting all recess periods, shall be filed furnished upon request, to all parties. If the interviewed employee is subsequently charged and any part of the recording is transcribed by the Employer, the employee shall be given a complimentary copy thereof. All interviews shall be limited in accordance with scope to activities, circumstances, events, conduct or acts which pertain to the grievance procedure contained incident which is the subject of the investigation. Nothing in General Order 3-5this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. A. The employee shall be notified of the outcome of the investigation within a timely manner after the investigation has been completed. B. Except for conditions outlined in the subsection (C) of this section, unless modified by investigations involving an employee that may lead to a suspension without pay, pay reduction, demotion or dismissal will be completed no later than six (6) calendar months starting from the first interview date. However, the Employer may extend the investigation to a maximum of twelve (12) calendar months from the first interview date provided the Employer gives written notice to the Association and employee, explaining the reason for the extension. C. The time limits provided in subsection (B) of this Agreement.section shall not apply when any one (1) of the following occurs:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by For the purposes of this Agreement Article, disciplinary action is defined as an oral admonishment, letter of reprimand, letter of warning, letter of suspension, or discharge. Supervisory notes (electronic or paper) and/or observations are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersnot considered discipline. Section 2. Employees No bargaining unit employee who has successfully completed his/her probationary period shall be required to observe disciplined or discharged without due process and comply with all current and future rules and regulations just cause. Due process requires that an employee is informed in writing of the Sheriff’s Office except those that are in conflict reason(s) for any disciplinary action and is provided with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided an opportunity to respond to the PBA at least ten (10) days prior action or explain the questioned behavior or actions. No employee serving a probationary period may file a grievance pertaining to implementationdiscipline or discharge. Section 3. Employees may respond both orally and in writing to any disciplinary action by the employer. Section 4. Letters of caution, consultation, warning, admonishment, and reprimand shall be considered temporary contents of an employee's personnel file and shall be destroyed upon receipt of written request from the affected employee, no later than 23 months after they have been placed in the file, unless such items can be used in support of possible Section 5. In all cases of suspension or discharge of any bargaining unit employee, the union shall be notified of the action taken at the same time that the employee is notified. Section 6. An employee may request the presence of union representation during an investigatory interview that the employee reasonably believes will result in his/her being disciplined. Section 7. Employees may inspect and receive a copy of any material placed in their personnel file. Employees may be charged for the cost of processing and copying such materials. Section 8. A discharged employee upon request may receive copies of investigatory information compiled by management in support of such action. A copy fee may be charged to the employee. Section 9. No information reflecting critically upon an employee shall be placed in the official personnel file of the employee that does not bear either the signature or initials of the employee indicating that he/she has been shown the material or a statement by a supervisor that employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 10. An employee desiring that material which he/she feels is inaccurate and should be removed from their personnel file shall have the right to inspect their appeal it through the grievance procedure. Section 11. Material placed in the official personnel files in accordance with the provision file of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance without conformity with the provisions of General Order 6-1. Copies of Section 10 will not be used by the Employer in any material in a personnel file shall be made at subsequent evaluation or disciplinary proceeding involving the expense of the requestoremployee. Section 412. An employee shall The Union and the Employer agree that employees have the right of self- organization or non-organization, to insert form or not form, to join or not join, assist or resist any labor organization to bargain collectively through representatives of their own choosing on questions of wages, hours, fringe benefits, and other conditions of employment or to refrain there from, and to engage or refuse to engage in his personnel fileconcerted activities for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or Administrative Investigation file if applicable, a written and signed refutation of coercion from any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementUnion or the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section A. The Township will provide the FOP with copies of all personnel orders as soon as the personnel orders are issued. As used in this Section, “personnel order” shall be defined as all written notices of actual disciplinary actions, notices of intent to take disciplinary actions, transfer notices, promotion notices and termination notices. B. Any Employee who will be interviewed concerning an act which, if proven, could reasonably result in disciplinary action against his/her will be afforded the following safeguards: 1. Employees covered by this Agreement are also entitled The Employee will be informed prior to the benefits and rights interview if the Township believes the employee is a suspect in the investigation. 2. The Employee will be informed of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms nature of the Agreement shall prevailinvestigation and allegations and afforded the opportunity to consult with a FOP representative prior to an interview. The Agreement Employee shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have allowed the right to inspect their personnel files have a FOP representative or to have said representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than oral reprimand may result) which may be handled immediately when said representative is not readily available. However, if in accordance with the provision course of General Order 6-1. Said inspection shall occur at reasonable times so long the interview, it appears as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes if a public records request to review an employee’s filemore serious disciplinary problem has developed, the employee will be notified allowed up to two (2) hours to obtain a representative to assist him/her in accordance the interview. 3. With the exception of telephone interviews, interviews shall take place at the Township facility, or elsewhere, if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The Township shall make a reasonable good faith effort to conduct these interviews during the Employee’s regular working hours, except for emergencies or where interviews can be conducted by telephone. 5. The Employee will be required to answer any questions involving non- criminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the laws of this State or the United States of America. 6. Interviews shall be conducted under circumstances devoid of intimidation, abuse or coercion. 7. The Employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities. 8. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts, which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Township from questioning the employee about information, which is developed during the course of interview. C. If the Township tape records the interview, a copy of the complete interview of the Employee, noting all recess periods, shall be furnished, upon request, to the Employee. If the interviewed Employee is subsequently charged, and any part of any recording is transcribed by the Township, the Employee shall be given a complimentary copy of thereof. D. Interviews and investigations shall be concluded with no unreasonable delay. E. The Employee shall be advised of the results of the investigation and any future action to be taken on the incident. F. When the investigation results in Departmental charges being filed against the Employee, the Employee, upon request, will be furnished with a copy of the reports of the investigation, which will contain all known material facts of the matter, to include any tape recordings, at no cost. The Employee will also be furnished with the provisions names of General Order 6-1all witnesses and complainants who will appear against him/her and/or whose statements will be used against him/her. G. Every effort to ensure that investigations made by Command Officials, as designated by the Township, are conducted in a manner which is conductive to good order and discipline, the FOP shall be entitled to the protection of what shall hereinafter be termed the “Uniformed Employee Xxxx of Rights.” H. Every Employee who becomes the subject of an internal investigation shall be advised at the time of the interview that he/she is suspected of: (a) committing a criminal offense; (b) misconduct that would be grounds of termination, suspension or other disciplinary action; (c) that he/she may not be qualified for continued employment with the Township. I. Any Employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. Copies This representation by counsel is confined to counseling and not actual participation in the investigation. A criminal investigation, as used herein, shall be interpreted as any action, which could result in the filing of a criminal charge. A major investigation, as used elsewhere in this Article, shall be interpreted as any action, which could result in dismissal from the Department of the filing of a criminal charge. J. The Employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. K. The Employee shall be informed, in writing, as to whether he/she is a witness or suspect before any interview commences. If the Employee is a suspect, he/she shall be apprised, in writing, of the allegations of such complaint before any interview commences. L. The interview of any material Employee shall be at a reasonable hour, preferably when the Employee is on duty, unless the emergency of the interview dictates otherwise. M. The Employer or Township may request that a major investigation interview be recorded, either mechanically, or by a stenographer, at the cost of the calling party. There can be no “off the record” questions. Upon request, the Employee under major investigation shall be provided an exact copy of any written statement he/she has signed, or of a verbatim transcript of any interview. N. Interviews shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all major investigation interviews, the Employee shall be afforded an opportunity and facility to contact and consult privately with an attorney of his/her choosing, before being interviewed. The Employee shall be entitled to such intermissions as he/she shall request for personal necessities, meals, telephone calls and rest periods. O. All interviews shall be limited in scope to activities, circumstances or events which pertain to the Employee’s conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained herein. P. The Employee will not be threatened with dismissal or other disciplinary punishment as a personnel file guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made at the expense of the requestoras an inducement to answer questions. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. Q. The refutation Employee shall be reviewed by the Human Resources Director required to unwillingly submit to a polygraph test or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material unwillingly answer questions for which the refutation is being written. Signed witness statements Employee might otherwise properly invoke the protections of any constitutional amendment against self- incrimination. R. Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall be permitted of witnesses having direct knowledge not affect the validity of the issue(sremaining portions of this article. S. The Township will reimburse the bargaining unit for all fees and costs associated with the successful appeal of disciplinary actions. Payment to be made within thirty (30) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf days of the employee, be filed in accordance with submission of the grievance procedure contained in General Order 3-5, unless modified by this Agreementcosts to the Township.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled 8.01 An employee has the right to the benefits presence and rights advice of a Union representative and/or Union attorney at all disciplinary interrogations. 8.02 Before an employee may be charged with any violation of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those for a refusal to answer questions or participate in an investigation, he shall be advised that are his refusal to answer such questions or participate in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same such investigation will be provided the basis of such a charge. 8.03 Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the PBA employee’s shift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. In addition, the employee/may record such interrogation if he has a recording device available so as not to delay the investigation. The Employer may have a transcript of such recording at least ten (10) days prior to implementationthe Employer’s expense. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the 8.04 An employee will be notified in accordance with informed of the provisions of General Order 6-1. Copies nature of any material in investigation prior to any questioning. If the employee being questioned is, at the time, a personnel file witness and not under investigation, he shall be made at the expense of the requestorso advised. Section 4. 8.05 An employee shall have the right may request an opportunity to insert in review his personnel file, or Administrative Investigation add memoranda to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material file, and he may have a representative of the Union present when reviewing his file. A request for which copies of items included in the refutation is being written. Signed witness statements file shall be permitted honored. All items in an employee’s file with regard to complaints and investigations will be clearly marked with respect to final disposition. 8.06 With respect to investigations that may result in criminal charges, a formal charge of witnesses having direct knowledge misconduct shall be prepared in writing stating the matters that are under investigation and the charges being considered. 8.07 In the course of an internal affairs investigation, a polygraph examination will be administered only with the consent of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commanderemployee under investigation. If, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section mustcourse of an internal investigation, if pursued by an employee has been given a polygraph examination, such examination shall not be used in any subsequent action. 8.08 All complaints against employees which may involve suspension or discharge of the employee shall be investigated and either corroborated or PBA on behalf of the employeefound to be without merit, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.Section 12.3

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1A. Any Employee who is requested to appear before any authorized representative of management of the Employer for the purpose of disciplinary action or for a meeting from which disciplinary action could reasonably be believed to arise shall have the right to Union representation upon request of said Employee. Employees covered by Where a meeting is called for a matter involving discipline, the Employer shall inform the Employee of his or her right to Union representation. B. The provisions of this Agreement are also entitled shall he applicable to all Employees in the benefits and rights Bargaining Unit, regardless of Union membership. C. The Employer agrees to provide all Employees in the Bargaining Unit with a current copy of an Employee Handbook, which shall not be inconsistent with the Contract, within thirty (30) days of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between signing of this Agreement and or its adoption by the Sheriff’s Office General OrdersPresident & CEO, the terms of the Agreement shall prevailwhichever is later. The Agreement Employer further agrees to provide any future Employee with a current copy of an Employee Handbook at the time of their appointment. Any subsequent addition, D. Employees in classes represented by the Union shall have the right to examine their personnel file upon written request. This provision shall be the governing factor waived when access to such files is required in all cases even though the benefits order to prepare for a grievance case, retirement, departmental transfer or rights provided may other such unusual transactions. Prior appointment is required and said examination must be greater or lesser than provided for performed in the Sheriff’s Office General Orders. Section 2presence of a designated Employer witness. Employees The Employee may take written notes but shall not be permitted to remove any documents. Making duplicate copies at Employer expense shall be required to observe and comply with all current and future rules and regulations permitted. The removing of any documents from the Sheriff’s Office except those that are in conflict with this Agreement. Whenever file shall be a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3disciplinary offense. Employees shall have the right to inspect their personnel files examine any documents contained in accordance the file which relate to application for employment, appointments, wage and salary information, notices of commendation, notices of warning, admonition or discipline, authorizations for deductions, fringe benefit information, leave and attendance records, employment history with the provision Employer, dates of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient changes, retirement information, performance evaluations and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestorphysical medical records. Section 4. An employee E. The Employee shall have the right to insert submit a written response to any negative documents, but such response shall be confined to the specific issue(s) and must be a reasonable length. F. The Employer shall not be required to provide documents concerning ongoing criminal investigations, documents prepared for civil, criminal or grievance procedure hearings, and letters of reference. G. All Employees shall receive a copy of their current job specification. H. Employee inquiries during the year shall be answered within two (2) days. I. All disciplinary actions more than one year old shall be expunged from all Employee personnel records providing the same or similar occurrence has not occurred during the one (1) year period. All disciplinary actions more than three (3) years old (without limitation) shall be expunged from all Employee personnel files. With the exception of notices of change in his appointment, job classification, pay grade and annual performance evaluations, no other material shall be placed in an Employee personnel file. J. For the sole purposes of demonstrating consistency of application of disciplinary rules, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by effective the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge date of the issue(s) only; these statements shall also be reviewed by execution of this agreement, the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf Philadelphia Housing Development Corporation may retain a list of grievances involving discipline with the employee, ’s names redacted. This list shall not be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementused against any employee for any other reasons whatsoever.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Employee Rights". Employees The wide-ranging powers and duties given to the department and its employees involve them in all manners of contacts and relationships with the public. Of these contacts come many questions concerning the actions of employees of the force. These questions often require an immediate investigation by superior officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated. a. Whenever the Chief of Police or the designated alternate of the Chief of Police decides to conduct a formal internal affairs investigation, any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation, and advised of the rights of the employee before any interview of the employee begins. Written notice shall include sufficient information necessary to reasonably apprise the employee of the allegations of such complaint. b. Any interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. Where practicable, interviews shall be scheduled for the daytime. c. The interview, which shall not violate the employee's constitutional rights, shall take place at the Xxxxxx Police Station facility, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and/or a representative of the Guild. Said attorney and/or representative of the Guild may be present during the interview but shall not participate in the interrogation except to counsel the employee. The Guild representative or attorney may participate to the extent permitted by law. At the conclusion of the interview, the Guild representative or attorney shall be afforded a reasonable opportunity to ask clarifying questions. d. The questioning shall not be overly long and the employee shall be entitled reasonable intermissions as the employee shall request for personal necessities, meals, telephone calls and rest periods. e. The employee shall not be subjected to any offensive language, nor shall the employee be threatened with dismissal, transfer, or other disciplinary punishment as a guise to obtain the resignation of the employee nor shall the employee be intimidated in any manner. No promises or reward shall be made as an inducement to answer questions. f. It shall be unlawful for the City to require an employee covered by this Agreement are also entitled agreement to take or be subjected to any polygraph or any polygraph type of examination as the benefits and rights condition of continued or continuous employment or to avoid any threatened disciplinary action. g. At the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersemployee's request, the terms of the Agreement shall prevail. The Agreement interrogation shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2recorded on tape by management. Employees One copy shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten Guild representative or employee. Three (103) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6a pre-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filedisciplinary hearing, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense advised of the requestor. Section 4. An employee shall have results of the right to insert in his personnel file, or Administrative Investigation file if applicable, a written investigation and signed refutation of any material he considers to be negative or detrimental. The refutation the recommended disposition and shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge furnished a copy of the issue(s) only; these investigation report to include a list of all exhibits, provided that the City is not required to release statements shall also be reviewed made by the Human Resources Director or Inspections Bureau Commander, whichever is applicablepersons requesting confidentiality, and must also specifically address only provided further, such confidential statements may not be relied upon to form the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf sole basis of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementdiscipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A. All contacts, verbal or written, be it disciplinary or any other, between a member and a superior officer, shall be conducted in a calm, professional manner. B. During the course of an investigation of member misconduct where discipline is likely to result to the benefits and rights affected member, the member may request the presence of a union representative during the investigating interview, provided the representative is reasonably available. C. The member being interviewed shall be informed verbally of the Pinellas County Sheriff’s Office General Orders (nature of the investigation before the interview commences. The member shall be permitted to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and take notes of the Sheriff’s Office General Ordersinterview. D. When a member is being interviewed, where discipline may result, the terms member shall answer truthfully and completely all questions concerning the investigation posed to him by the interviewing officer. A member who refuses to answer such questions shall be informed that his refusal to answer constitutes insubordination and can be a basis for disciplinary action. E. The City agrees not to suspend without pay, demote or discharge a member without first offering the member the opportunity to provide an explanation of the Agreement shall prevailcircumstances surrounding the charge brought against him, to the Chief of the Division of Police. The Agreement member may have an FOP representative, and his attorney, present during the meeting provided the individuals selected are reasonably available. Meetings, where practical, shall be conducted at hours reasonably related to the governing factor in all cases even though member's shift, preferably during the benefits or rights provided may be greater or lesser than provided for in the Sheriffmember’s Office General Ordersworking hours. Section 2. Employees F. Written notice of the charge(s) against a member, and a description of the nature of the evidence upon which the charge(s) is based shall be required to observe and comply with all current and future rules and regulations given the member in advance of the Sheriff’s Office except those that are meeting described above. G. All entries in conflict with this Agreement. Whenever a General Order, Bureau SOP, personnel files relating to disciplinary action or Sheriff’s Order is created, modified, or eliminated, a draft of same will performance shall be provided to the PBA member by copy and such member is entitled to place a letter of explanation or rebuttal to be attached to any such entry so long as said explanation or rebuttal does not exceed 300 words in length and is submitted within 7 working days of the date the member is provided with the entry. H. A member shall be provided a copy of his/her personnel file, upon request, if such member has been disciplined or is eligible for retirement. A copy of a member's file shall be provided to them at least ten no cost, no more than one time in any three year period. I. A committee of no more than three (103) members of the bargaining unit, will meet with representatives of management from time to time for the purpose of discussing subjects of mutual concern. Meetings may be requested not more than once every ninety (90) days, except upon agreement by both parties. There shall be no obligation upon the City or the Union to renegotiate working conditions, pay or any other policy or practice which may be the subject of such discussions. Meetings shall be limited to two hour's duration. The party requesting the meeting shall submit a proposed agenda in writing five (5) days prior to implementationthe scheduled meeting. Those items not considered during the Labor Management Meeting may be resubmitted in writing for agendas of subsequent meetings. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Both parties recognize that it is important to investigate allegations of misconduct to protect the Employer from claims of liability and to clear the good name of the employee. Both sides recognize that any investigation through a formal internal affairs investigation or informally by a supervisor is a very stressful process. Therefore, the Employer promises that these investigations will take place in the most professional manner as possible and that interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. The Association pledges it will urge employees to cooperate fully with any investigation to allegations of misconduct. In order to accomplish these goals, the parties have agreed to the following procedures: Section 1. Employees covered by this Agreement are also entitled Any employee who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against him or her will be afforded the following safeguards: The employee will be informed prior to the benefits and rights interview if the Employer believes the employee is a subject in the investigation. At least twenty-four (24) hours prior to any interview with the employee where the Employer may impose an economic sanction, such as suspension, salary reduction, demotion, or dismissal upon the employee as a result of the Pinellas County Sheriff’s Office General Orders (underlying incident, the employee will be provided written notice of the nature of the investigation and allegations and informed of and afforded the opportunity to include Bureau Standard Operating Procedures and Sheriff’s Orders)consult with an Association representative. If any conflict occurs between this Agreement after the complainant is interviewed regarding an action or inaction of an employee, and the Sheriff’s Office General Ordersfurther investigation is deemed necessary, the terms employee shall be notified in writing of the Agreement shall prevailcomplaint as soon as is practical. The Agreement requirement will not apply where the employee is under investigation for violations of the Controlled Substances Act, or violations which are punishable as felonies or misdemeanors under Oregon Law. Also the employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The employee shall be allowed the governing factor in all cases even though right to have an Association representative present during the benefits interview. The opportunity to consult with the Association representative or rights provided to have the Association representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than a written reprimand may result) which may be greater or lesser than provided for handled immediately when a representative is not readily available. However, if in the Sheriff’s Office General Orderscourse of the interview, it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to two (2) hours to obtain a representative to assist him or her in the interview. Interviews shall take place at Department facilities or worksites, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. Telephone interviews may occur where mutually agreed. The Agency shall make a reasonable good faith effort to conduct these interviews during the employee‟s regularly scheduled shift, except for emergencies. Where an employee is working on a graveyard shift, the interview can be scheduled contiguously to the employee‟s shift so long as appropriate overtime or irregular hour‟s payments are made. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which the employee is entitled under the laws of the State of Oregon or the United States. Investigatory interviews will be held in a professional and mutually respectful manner. During interviews Employees shall upon request be allowed a reasonable break to use the rest room facilities; and, following each successive period of three (3) hours of interview, employees shall be permitted at least a ten (10) minute rest break, during which employees shall remain in a designated area, and refrain from discussing the interview with any persons save the assigned interviewers. In the absence of recorded material from either the Employer or Association, the employee will be given a copy of any written statement or report describing the employee‟s statements. In the event of a subsequent interview in the course of the same investigation, the written statement will be provided before the interview. Section 2. Employees If the Department, Association, or employee tape records of the interview, a copy of the complete interview of the employee, noting all recess periods, shall be required furnished upon request, to observe all parties. If the interviewed employee is subsequently charged and comply with all current and future rules and regulations any part of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order recording is created, modified, or eliminated, a draft of same will be provided to transcribed by the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s fileEmployer, the employee shall be given a complimentary copy thereof. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. (A) The employee shall be notified of the outcome of the investigation within a timely manner after the investigation has been completed. (B) Except for conditions outlined in the subsection (C) of this section, investigations involving an employee that may lead to a suspension without pay, pay reduction, demotion or dismissal will be notified completed no later than six (6) calendar months starting from the first interview date. However, the Employer may extend the investigation to a maximum of twelve (12) calendar months from the first interview date provided the Employer gives written notice to the Association and employee, explaining the reason for the extension. (C) The time limits provided in accordance with the provisions subsection (B) of General Order 6-this section shall not apply when any one (1. Copies of any material in a personnel file shall be made at the expense ) of the requestorfollowing occurs: 1) the employee is incapacitated or unavailable; 2) the investigation involves an allegation of workers compensation or disability fraud; 3) the Association or employee waives the timelines in writing; 4) the investigation involves more than one (1) employee; 5) the investigation is conducted by an outside law enforcement agency; 6) the investigation involves a criminal matter; 7) the investigation requires coordination with another law enforcement agency; 8) if the alleged misconduct is also subject of a criminal investigation or criminal prosecution; or 9) if the investigation is a result of a complaint by a person charged with a crime. (D) The Employer may reopen an investigation if significant new evidence is discovered that is likely to affect the outcome of the investigation and 1) the evidence was obtained from the employee‟s pre-disciplinary response; or 2) the evidence could not have been discovered by the Employer without resorting to extraordinary measures. Section 4. An In the case of a pre-termination or pre-disciplinary (economic) due process hearing, the Employer shall provide the employee who has completed initial trial service a fourteen (14)-day notice, except the fourteen (14)-day notice may be waived by mutual agreement between the Association President or the President‟s designee and the Employer. Concurrent with the notification of the hearing, the Employer shall provide copies of all transcripts, tapes, files, and other materials on which the Employer is basing the discipline. Any confidentiality issues regarding this documentation shall be settled prior to the notification. The Association will make every effort to make one comprehensive request for any items it believes is necessary for purposes of representation. Section 5. The Employer agrees not to use non-verified or non-sustained charges against the employee nor place those matters in the employee's personnel file. Section 6. The employee shall have the right not be required to insert in his personnel file, take or Administrative Investigation file if applicable, be subjected to any lie detector device as a written and signed refutation condition of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementcontinued employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section A. ALL EMPLOYEES 1. Employees covered by this Agreement are also entitled Whenever any employee is required to appear before the benefits and rights Superintendent, the Board or any committee or member thereof, concerning any matter which could adversely affect the continuation of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersemployee in his/her position, the terms employment, of the Agreement shall prevail. The Agreement salary or any increments pertaining thereto, then he/she shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten given three (103) days prior written notice of the reasons for such a meeting or interview and shall be entitled to implementationhave a representative of SOMEA to advise him/her and represent him/her during such meeting or interview and to any other notice requirements provided by N.J.S.A. 18A:25-7. Section 32. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An Any employee shall have the right to insert reply in his writing to any adverse material in his/her personnel file which reply shall be attached to the adverse material. Should said employee desire a copy of the adverse material he/she may copy said material by hand or the same may be made available to him/her at his/her cost by the Board Office. An employee's personnel file shall be made available to him/her for inspection upon request within a reasonable time. There shall not be more than two (2) such inspections made available in any one (1) year. Notwithstanding the foregoing, no confidential reference shall be made available at any such inspection. Any employee shall have the right upon request to have pertinent materials inserted into his/her file, or Administrative Investigation file if applicable, a written and signed refutation subject to approval by the Director of any material he considers to be negative or detrimentalHuman Resources. The refutation Any such denial of said request shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, subject to ensure that it specifically addresses only the issue or issues Article VI - Grievance Procedure contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement. 3. Any criticism by a supervisor, administrator, or Board member of an employee will be made in confidence only and not in the presence of students, parents, or public gatherings. Any criticism of supervisor, administrator, or Board member by an employee will similarly be made in confidence and not in the presence of students, parents or public gatherings. 4. Nothing herein contained shall be construed to deny or restrict to any employee such rights as he/she may have under the New Jersey school law or other applicable law or regulation. 5. The Board shall provide each employee who considers long term leaves of absence or separation, a packet of information regarding request procedures, insurance options, retirement options, disability options, unemployment options, and return to work procedures.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered a. An Employee will be entitled to representation through Local 2110 at each step of the disciplinary procedure, including any discussions concerning resignation or settlement of any proposed or pending disciplinary action. b. If an employee elects not to be represented by Local 2110 at any step in the disciplinary process provided by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement Article 20 and the Sheriff’s Office General Ordersemployee chooses to retain other representation, the terms of the Agreement shall prevail. The Agreement employee shall be the governing factor in responsible for all cases even though the benefits costs associated with that alternative representation. c. If an Employee requests representation through Local 2110 or rights provided may be greater or lesser than an alternative representative as provided for in this Article, and that representative is not available within a reasonable time, then DASNY may proceed with the Sheriff’s Office General Ordersinterrogation, signing of a statement of resignation, or arbitration without the Employee having such representation. Section 2. Employees shall d. No Employee will be required to observe and comply with all current and future rules and regulations submit to interrogation concerning alleged incompetence or misconduct unless such Employee is notified in writing in advance of the Sheriff’s Office except those opportunity of having a Local 2110 or other representative present for such interrogation. e. The Employee shall be provided a copy of any statement regarding incompetence or misconduct signed by the Employee. Upon receipt by DASNY of the written consent of the Employee, Local 2110 shall be provided a copy of any statement regarding incompetence or misconduct signed by the Employee. f. No recording devices or stenographic or other record will be made during an interrogation unless the Employee is advised in advance that are a written or electronic record is being made. A copy of such record shall thereafter be supplied to the Employee. Upon receipt by DASNY of the written consent of the Employee, Local 2110 shall be provided a copy of any record made during an interrogation of the Employee by DASNY. g. In all disciplinary proceedings, the Employee will be presumed innocent until proven guilty, and the burden of proof on all charges will rest upon DASNY. Such burden of proof will be a fair preponderance of the evidence on the record and will in conflict with no case require proof beyond a reasonable doubt. h. An Employee will not be coerced, intimidated or suffer any reprisals either directly or indirectly for exercising their rights under this Agreement. i. An Employee may waive their rights to any step of the disciplinary processes set forth in this Article. Whenever The waiver, if given, must be reduced to a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminatedwriting signed by the Employee, a draft copy of same will which shall be provided to the PBA at least ten Employee and their representative. j. An Employee shall not be disciplined for acts that occurred more than one (101) days year prior to implementationthe notice of discipline except those acts that would constitute a crime. Section 3. Employees shall have the right to inspect their personnel files in accordance k. At such time that an Employee is served with the provision a notice of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewisediscipline, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file Local 2110 shall be made at provided simultaneously with a written or electronic notice that a Notice of Discipline has been served and the expense name and title of the requestorEmployee upon whom the Notice of Discipline was served. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also A. An employee shall be entitled to representation by the benefits and rights Union or (at the employee's expense) by an attorney at each step of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersdisciplinary procedure. Section 2. Employees B. No employee shall be required to observe submit to interrogation concerning alleged misconduct before a ser v ice of notice of discipline or a request for resignation, or after a notice of discipline has been served upon him or her, unless such employee is notified in advance, in compliance with the provisions hereinafter set forth. and comply with afforded the opportunity of having a Union representative present_ and apprised in writing of all current and future rules and regulations rights as provided herein. C. No employ ee shall be requested to sign any statement regarding incompetence or misconduct unless a copy of the Sheriff’s Office except those statement is supplied to the employee: any statements or admissions signed by such employee without his or her having been supplied a copy may not subsequentl y be used against such employee. D. No recording devices or stenographic or other transcript shall be used during an interrogation unless. the emplo xxx is advised in advance that are a transcript is being made: a copy of such transcript shall be thereafter supplied to the employee. E. In all disciplinary proceedings. the employee shall be presumed innocent until proven guilty. and the burden of proof on all matters shall rest upon the employ er. Such burden of proof. even in conflict with serious matters which might constitute a crime, shall be a fair preponderance of the evidence on the record and shall in no case require proof be y ond a reasonable doubt. F. An employ ee shall not be coerced, nor be intimidated nor suffer any reprisals either directly or indirectl y that may adversely affect such employee's hours. wages or working conditions as the result of The exercise of rights under this AgreementArticle. Whenever Reassignment to other responsibilities, close supervision or like measures pending disposition of disciplinar y charges effectuated by the Agency for good faith reasons shall not be considered to violate this paragraph. G. if an employee has requested representation pursuant to this Article, and representation is not provided within a General Orderreasonable time, Bureau SOP, the interrogation. signing of a statement or Sheriff’s Order is created, modified, resignation. or eliminated, a draft of same will as the case may be an Arbitration or hearing may proceed without such representation. H. Any notice provided to an y employee shall he simultaneously provided to the PBA at least ten (10) days prior to implementationUnion. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Memorandum of Understanding

EMPLOYEE RIGHTS. Section 1. Employees There shall be no discrimination against any employee covered by this Agreement are also entitled to the benefits and rights by reason of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersrace, the terms creed, color, national origin, gender, sexual orientation, marital status, age, disability, religion or religious belief, political affiliation or belief, Federation membership or activity, or lack of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits Federation membership or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersactivity. Section 2. Employees shall be required The parties specifically agree that neither it nor any of its official representative will intimidate or coerce any employee or group of employees to observe and comply with all current and future rules and regulations refrain from joining or becoming a member of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementationFederation. Section 3. Disciplinary notices or documentation of disciplinary action in any employee's file for which there have been no recurrence of the same or similar nature in eighteen (18) months shall be void and without effect in that they will not be used to support further disciplinary action, except in the case where an employee has received a last chance warning and less severe disciplinary action in lieu of termination. In these instances, the above time frame language will not apply and the applicable time frame shall be specified within the last chance warning. Section 4. The parties agree that the Office of Labor Relations shall be available to unit employees who allege in writing that harassment, coercion, or improper punitive action by the County exists; which Office shall investigate such allegations and take whatever corrective action if necessary. Employees filing under this section shall not be entitled to simultaneously file a grievance through the process in Article 15. Said employees shall have the right to inspect their personnel files in accordance file a grievance only after the completion of the investigation or after the County has reviewed the status of the investigation with the provision of General Order 6-1affected employee, whichever comes first. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to Not withstanding the provision of efficient and effective service to the public. Likewiseaforestated, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee employees shall have the right to insert file grievances any time after 45 calendar days has elapsed, commencing from the time the original complaint was filed. Section 5. The parties agree that the Office of Equal Opportunity shall be available to unit employees who allege in his personnel filewriting that they have been discriminated against by reason of race, creed, color, national origin, gender, sexual orientation, age, or Administrative Investigation disability, which Office shall investigate such allegations and take whatever corrective action if necessary. Employees filing under this section shall not be entitled to simultaneously file if applicablea grievance through the process in Article 15. Said employees shall have the right to file a grievance only after the completion of the investigation or after the County has reviewed the status of the investigation with the affected employee, a whichever comes first. Not withstanding the aforestated, employees shall have the right to file grievances any time after 45 calendar days has elapsed, commencing from the time the original complaint was filed. Section 6. Counseling sessions related to potential disciplinary action and/or written and signed refutation of any material he considers to be negative or detrimental. The refutation disciplinary action shall be reviewed by presented to employees in a private manner so as to avoid embarrassment before members of the Human Resources Director public. Section 7. Should an employee or Inspections Bureau Commanderemployees request their job xxxxxxx or their chief job xxxxxxx on any disciplinary action and the County fails to permit such representation, whichever it will constitute that disciplinary action to become null and void. Section 8. In areas where employee parking is applicableavailable on County owned or leased property, to ensure that it specifically addresses only the issue or issues contained in the material parking for which the refutation is being written. Signed witness statements unit employees shall be permitted of witnesses having direct knowledge of available on the issue(s) only; these statements same basis as it is for all other County Commission employees. If any other County Commission employees are directly reimbursed for parking costs, then unit employees at the same job site shall be eligible for reimbursement also. It is also be reviewed by understood that the Human Resources Director County is not obligated to furnish or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementcontinue parking for its employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1A. No member of the Association who has completed his/her probationary period shall be disciplined without just cause. B. Employees, upon their request, have the right to review the contents of their personnel file in the presence of a witness representing the District. Employees covered may elect to be accompanied by a representative of the Association during this Agreement review of their personnel file. The personnel file will be the only official file kept on employees. C. Employees have the right to a private meeting, separate from students, parents, Community members, and fellow personnel, when being counseled or disciplined. D. Employees are also entitled to the benefits and rights presence of an Association representative during any meeting which will or may lead to disciplinary action by the Board. When a request for such representation is made, no action will be taken with respect to the employee until such representative of the Pinellas County Sheriff’s Office General Orders Association is present. Should disciplinary action be likely to occur at a given meeting, the employee shall be advised immediately of said possibility and be advised by the Board of the right to representation under this provision of the Agreement. 1. Any complaint lodged against an employee, related to job performance, determined by supervisor to have substance shall be brought to the employee's attention in a personal conference within ten (10) work days of its receipt. 2. The complainant will be identified if said complaint is the basis of disciplinary action to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement be taken but not in those cases where there is a statutory requirement to report a complaint and the Sheriff’s Office General Orderscomplaint was made anonymously. 3. In cases where an outside law enforcement agency is called in or an investigation is deemed necessary by the Administration, the time limits in this section shall not apply. F. The Board shall honor written requests to remove evaluative information from an employee's file in accordance with the Xxxxxxx-Xxxxxxxx Act. Negative evaluative information will be removed from the file after three (3) years providing there has been no reoccurrence of the type of employee behavior which was reported and placed in the employee's file. ‌‌‌ The parties acknowledge there have been contract negotiations between representatives of the Walled Lake Consolidated School District and the Walled Lake ESP #1, with respect to healthcare issues leading toward the execution of a collective bargaining agreement ("CBA") effective July 1, 2009. The healthcare plan as outlined in the CBA includes the self-funding of some of medical co-payments by the District. For the convenience of association members/employees, an employee can elect to receive an "In- Network Medical Co-Payment Card (the "Card") for specific in- network medical co-payments. In conjunction with this option, there are supplemental understandings of the parties with respect to the use of the Card, which are as follows: 1. Any employee who requests and is issued the Card must review and voluntarily sign the In-Network Medical Co-Payment Card Agreement (the "Agreement"). 2. The terms of the Agreement shall control the employee's use of the Card. 3. Any enforcement of the terms of the Agreement by the District shall prevailbe a separate independent matter between the employee and the District which shall not involve the Association. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required employee is not entitled to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with utilize the grievance procedure contained (or binding arbitration) remedies set forth in General Order 3-5the CBA as a result of the District's implementation or enforcement of the terms of the Agreement. between the‌ The parties agree that the wording highlighted in bold type, unless modified by in the provisions listed below, will be removed from the collective bargaining agreement and attached to this Agreementletter of agreement.

Appears in 1 contract

Samples: Master Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered ‌ In an effort to ensure that internal investigations, as designated by this Agreement the Chief of Police of the Kent Police Department, are also conducted in a manner which is conducive to good order and discipline, employees of the Police Department shall be entitled to the benefits processes and rights provisions as outlined in Chapter 14 of the Pinellas County SheriffKent Police Department policies (updated as of December 2016) in addition to the following protection: A. Any employee who is the subject of an investigation shall be informed, in writing, at least twenty four (24) hours before any interview of the following: 1. That the employee is considered a subject of the internal investigation; 2. The nature of the allegation, including a summary of the allegation, as well as the date and location that the alleged conduct occurred; 3. Whether the employee is suspected of committing a criminal offense and/or misconduct that would be grounds for termination, suspension, or other disciplinary action (greater than written reprimand); 4. The name of the complainant or the victim; provided, that in the event disclosure of the identity of the complainant or the victim would jeopardize the safety of the complainant or victim, the identity of the complainant or victim may be withheld; 5. The employee’s Office General Orders (right to include Bureau Standard Operating Procedures have a Union representative present during the interview as well as an opportunity and Sheriff’s Orders)facilities to contact and consult with his or her Union representative; 6. The name of the officer(s) or City employees in charge of the investigation and the name of the officer or employee who will conduct the interview. If the person conducting the investigation or interview is not a City employee, then the name of the person who will conduct the interview and his or her place of employment will be provided. B. Employees placed on paid administrative leave pending an investigation may be placed on Day shift to be available for interviews during normal City business hours. C. The interview of any conflict occurs between this Agreement employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the City. Interviews shall be completed under circumstances devoid of improper intimidation or coercion. The employee shall be entitled to such reasonable intermissions as the employee shall request for personal necessities, meals, telephone calls, consultation with his/her representative, and rest periods. D. At the Sheriff’s Office General Orderscost of the requesting party and in accordance with Chapter 9.73 RCW, the terms employee or City may request that an investigative interview be recorded, either mechanically or by a stenographer. There can be no “off-the- record” questions. Upon request, the employee under investigation shall be provided an exact copy of any written statement the employee has signed, or at the employee’s expense a verbatim transcript of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersinterview. Section 2. Employees E. No employee shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with submit to a polygraph examination. The employee will not be dismissed or have any other penalty imposed upon him or her for not taking this Agreementexamination. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided This provision shall not apply to the PBA at least ten (10) days prior to implementationinitial application process for employment. Section 3F. Employees retain all of their constitutional rights. Employees shall have the right to inspect their personnel files During an investigation in accordance with the provision which an employee has been advised of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with his or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s fileher Xxxxxxx rights, the employee will be notified compelled to answer questions directly related to and narrowly focused on the investigation. However, any information gained from the employee cannot be used against that employee in accordance with any criminal investigation. G. Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense validity of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation remaining portions of any material he considers to be negative or detrimentalthis article. The refutation shall Union recognizes the Administration’s effort to improve procedures involving complaints against its members. Upon request of either the Union or Police Administration, an annual review meeting of the procedures will be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, held to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.they are accomplishing their goals.‌

Appears in 1 contract

Samples: Labor Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to 1 The private and personal life of an EMPLOYEE is the benefits and rights concern only of that individual unless it interferes with the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms effective performance of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordershis/her duties. Section 2. Employees 2 After a three year probationary period, no ESP shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are reduced in conflict with this Agreement. Whenever a General Ordercontractual status or compensation, Bureau SOPbe reprimanded, disciplined, discharged, terminated, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to otherwise separated from employment by the PBA at least ten (10) days prior to implementationBOARD except for sufficient reasons and after due process. Section 33 An EMPLOYEE may be suspended or dismissed at any time during the school year provided there is just cause and after basic due process. If the charges are dropped or dismissed, or if the employee is exonerated, the employee shall be reinstated immediately at his/her contractual status with no loss of compensation during the time of suspension. Employees Any EMPLOYEE suspended by the Superintendent will be entitled to full pay and fringe benefits pending the completion of the BOARD hearing or Department of Administration Hearing (DOAH) on charges leading to such suspension. The BOARD shall have the option of the type of hearing to be selected. Section 4 If an EMPLOYEE is required to appear before the BOARD, or a committee thereof, for any matter which could result in the loss of job status for that EMPLOYEE, said EMPLOYEE shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1representation at such a meeting. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s fileFurthermore, the employee will EMPLOYEE shall be notified given at least five days advance notice for such meeting. Notice of the items to be covered and/or discussed shall be provided in accordance with writing at the provisions time of General Order 6-1the notice for the meeting. Copies of If an EMPLOYEE is required to appear before an administrator (other than assessment or evaluation conferences) for any material matter which could result in a personnel file shall be made at the expense of the requestor. Section 4. An employee written reprimand, said EMPLOYEE shall have the right to insert in his personnel filerepresentation at such a meeting. Furthermore, or Administrative Investigation file if applicable, a written and signed refutation the EMPLOYEE shall be given at least two days advance notice for such meeting. Notice of any material he considers the items to be negative or detrimental. The refutation covered and/or discussed shall be reviewed by provided in writing at the Human Resources Director or Inspections Bureau Commandertime of the notice for the meeting. Section 5 An EMPLOYEE may be asked, whichever is applicablebut not required, to ensure that it specifically addresses only participate in non-curricular activities after the issue or issues contained in the material for which the refutation is being written. Signed witness statements EMPLOYEE workday. Section 6 An EMPLOYEE shall be permitted to use the telephone and computer at his/her school site for personal emergencies during the student day. Outside the student day, an EMPLOYEE may use the telephone and computer so long as such does not interfere with normal school activities. Any toll charges incurred by the use of witnesses having direct knowledge school telephones must be charged to that EMPLOYEE'S home phone. Section 7 An EMPLOYEE shall be permitted to examine his/her personnel file(s) and date and initial each item therein. An EMPLOYEE shall be notified in writing within 5 days of any critical statement placed in his/her personnel file(s) and upon receipt of such statement shall have the opportunity to rebut such statements in writing within 20 days with the rebuttal to be placed in the EMPLOYEE'S personnel file(s). If the rebuttal is substantiated by either informal or formal procedures, both documents shall be removed from the personnel file(s). Section 8 Whenever a supervisor fails to recommend reappointment of a non-probationary education staff professional, the supervisor shall notify the non-probationary ESP, in writing, hand delivered or postmarked on or before appointment time. This requirement may be satisfied by the supervisor notifying the employee of his/her decision on the written final evaluation form. Upon written request, the non-probationary ESP shall receive a written statement from the supervisor giving the reasons for his/her failure to recommend. Section 9 EMPLOYEES shall not be required to use their personal vehicles, personal phones, or personal time for school business. EMPLOYEES shall not use their personal vehicles to transport students without prior permission from the parent or guardian and the school Principal except in cases of emergency when no other means of transportation is available. An EMPLOYEE shall not transport students in his/her personal vehicle unless he/she carries liability insurance. If an EMPLOYEE, upon request of the issue(s) only; these statements school Principal agrees to use his/her personal vehicle for school business, he/she shall also be reviewed reimbursed at the mileage rate currently provided by the Human Resources Director BOARD for use of personal vehicles. When an EMPLOYEE transports students with the approval of the Principal, the BOARD will provide liability coverage as provided by law. Section 10 No EMPLOYEE shall be coerced, threatened, or Inspections Bureau Commanderintimidated to submit a resignation in lieu of disciplinary action or low evaluation. Section 11 The BOARD agrees that EMPLOYEES shall not be required to perform their duties under conditions which are unsafe, whichever dangerous, or hazardous to an individual's health or welfare. All work site environments shall be maintained in compliance with State and Federal health and safety laws and regulations. The BOARD shall provide safety equipment for all EMPLOYEES assigned responsibilities in areas where the use of safety equipment is applicablerequired by law or regulation. Section 12 The Joint Safety Committee shall consist of three members recommended by the ASSOCIATION President and three members recommended by the Superintendent. The committee shall submit a written report to the ASSOCIATION President, Superintendent, and must also specifically address only the issue or issues contained BOARD which should be utilized in the materialwork place to ensure a safe environment and safe work related practices. Section 13 For Education Staff Professionals, there will be a 15 minute break period for each 4 hour work period. Each EMPLOYEE will receive during each regular workday a 30 minute duty free lunch. Section 14 The BOARD agrees to provide clothing and safety accessories for all EMPLOYEES assigned to areas where a high incidence of irreparable damage to clothing or physical well-being can be expected. Section 15 The BOARD agrees to provide adequate training for paraprofessionals as it relates to assisting teachers with disabled students. Section 16 The BOARD agrees to provide materials and supplies for the employee to do the best job possible. Section 17 In the event a cafeteria EMPLOYEE is absent from his/her job, the BOARD agrees to provide a replacement until the regular EMPLOYEE returns. Section 18 Any fingerprinting and/or criminal background check of any currently employed employee required as the result of the changes in Florida Statutes shall be provided free of cost to the employee by the BOARD. The BOARD agrees to pay the cost of re-fingerprinting any existing bargaining unit employee. Section 19 The Drug-Free Workplace and Testing Policy adopted by the BOARD with an effective date of May 22, 2006 is incorporated in this agreement by reference. Any grievance concerning this changes to the policy are subject to negotiations. Section must, if pursued by 20 The Superintendent shall notify the employee or PBA on behalf President of the employee, be filed in accordance with ASSOCIATION 45 days prior to the grievance procedure contained in General Order 3-5, unless modified by this Agreementsolicitation of proposals for any privatization of Education Staff Professional positions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have 14.01 An employee has the right to inspect their personnel files the presence and advice of an OPBA representative and/or an OPBA attorney at all disciplinary hearings and/or disciplinary interrogations. Such right shall not be exercised for the purpose of creating unreasonable delay. All representation by employees shall take place on employees’ time off. 14.02 An employee who is to be questioned as a suspect in accordance with the provision an investigation of General Order 6-1. Said inspection any criminal charge against him shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision be advised of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the his constitutional rights before any questioning starts. 14.03 An employee will be notified in accordance with informed of the provisions of General Order 6-1. Copies nature of any material in a personnel file shall be made at the expense investigation of the requestorhimself prior to any questioning. Section 4. 14.04 An employee shall have the right may request an opportunity to insert in review his personnel file, or Administrative Investigation and to add pertinent response to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material for which file and may have a representative of the refutation is being writtenOPBA present when reviewing his file. Signed witness statements An Employer representative shall be permitted present when employees review their file. A request for copies of witnesses having direct knowledge items included in the file shall be honored. Copies will be made at employee’s cost. An employee may request removal of specific items in his file, which request will be considered by the Employer in its sole discretion. All items in an employee’s file with regard to complaints and investigations will be clearly marked with respect to final disposition, if any. 14.05 All complaints received by the Employer against Communication Center non-probationary employees by civilians, members of the issue(sParma Police or Fire Departments, or members of any other Police or Fire Departments shall be reduced to writing and a copy provided to the particular employee(s) only; these statements shall also be reviewed by within three (3) scheduled work days, unless the Human Resources Director complaints raise allegations of criminal activity. 14.06 At the employee’s request, on or Inspections Bureau Commanderabout March 1 of each year, whichever is applicablewritten reprimands and written records of verbal reprimands which have not, of themselves, been the basis for more serious discipline, and must also specifically address only written documents concerning compliments or commendations, any of which is dated more than five (5) years prior thereto, shall be removed from an employee's personnel file and shall, thereafter, not be considered as a basis for assessing discipline or degree of discipline in any pending or future disciplinary actions against that employee. Written records of suspensions of three (3) days or less which have not, of themselves, been a basis for more serious discipline, any of which is dated more than eight (8) years prior thereto, shall be removed from an employee's file and shall, thereafter not be considered as a basis for assessing discipline or degree of discipline in any pending or future disciplinary action against that employee. Upon such removal, the issue or issues contained Employer shall, to the extent permitted under state law, destroy said records in a timely fashion. 14.07 In the material. Any grievance concerning this Section mustevent the Employer intends to lay off any member of the Bargaining Unit, if pursued by the Employer shall give the affected employee or PBA on behalf employees notice of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.such layoff not less than twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Employee Rights". Employees The wide-ranging powers and duties given to the department and its employees involve them in all manners of contacts and relationships with the public. Of these contacts come many questions concerning the actions of employees of the force. These questions often require an immediate investigation by superior officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated. a. Whenever the Chief of Police or the designated alternate of the Chief of Police decides to conduct a formal internal affairs investigation, any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation, and advised of the rights of the employee before any interview of the employee begins. Written notice shall include sufficient information necessary to reasonably apprise the employee of the allegations of such complaint. b. Any interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. Where practicable, interviews shall be scheduled for the daytime. c. The interview, which shall not violate the employee's constitutional rights, shall take place at the Sumner Police Station facility, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and/or a representative of the Association. Said attorney and/or representative of the Association may be present during the interview but shall not participate in the interrogation except to counsel the employee. Association representative or attorney may participate to the extent permitted by law. At the conclusion of the interview, the Guild representative or attorney shall be afforded a reasonable opportunity to ask clarifying questions. d. The questioning shall not be overly long, and the employee shall be entitled reasonable intermissions as the employee shall request for personal necessities, meals, telephone calls and rest periods. e. The employee shall not be subjected to any offensive language, nor shall the employee be threatened with dismissal, transfer, or other disciplinary punishment as a guise to obtain the resignation of the employee nor shall the employee be intimidated in any manner. No promises or reward shall be made as an inducement to answer questions. f. It shall be unlawful for the City to require an employee covered by this Agreement are also entitled agreement to take or be subjected to any polygraph or any polygraph type of examination as the benefits and rights condition of continued or continuous employment or to avoid any threatened disciplinary action. g. At the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersemployee's request, the terms of the Agreement shall prevail. The Agreement interrogation shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2recorded on tape by management. Employees One copy shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten Association representative or employee. Three (103) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6a pre-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filedisciplinary hearing, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense advised of the requestor. Section 4. An employee shall have results of the right to insert in his personnel file, or Administrative Investigation file if applicable, a written investigation and signed refutation of any material he considers to be negative or detrimental. The refutation the recommended disposition and shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge furnished a copy of the issue(s) only; these investigation report to include a list of all exhibits, provided that the Employer is not required to release statements shall also be reviewed made by the Human Resources Director or Inspections Bureau Commander, whichever is applicablepersons requesting confidentiality, and must also specifically address only provided further, such confidential statements may not be relied upon to form the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf sole basis of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementdiscipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled 4.1 An employee has the right upon request to the benefits presence and rights advice of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If an OPBA representative at any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderspre-disciplinary hearing. Section 2. Employees 4.2 Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be required advised that his refusal to observe and comply with all current and future rules and regulations answer such questions or participate in such investigation could be the basis of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever such a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementationcharge. Section 3. Employees shall have 4.3 Questioning or interviewing of an employee in the right to inspect their personnel files in accordance with the provision course of General Order 6-1. Said inspection shall occur an internal investigation will be conducted at reasonable times so long as said inspection does not interfere with or cause disruption hours reasonably related to the provision employee's shift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of efficient time and effective service time shall be provided for rest periods and attendance to the publicphysical necessities. Likewise, whenever another individual makes a public records request to review an employee’s fileIn addition, the employee will be notified in accordance with may record such interrogation if he has recording device available so as not to delay the provisions investigation. The Employer may have a transcript of General Order 6-1. Copies of any material in a personnel file shall be made such recording at the expense of the requestorEmployer expense. Section 4. An 4.4 When an investigation moves from investigatory to accusatory and/or the affected employee reasonable believes disciplinary action may result, the affected employee shall have the right to insert in request and have a Union representative present. Such request shall not unreasonably delay the continuation of the investigation. Section 4.5 An employee may request an opportunity to review his personnel file, or Administrative Investigation add memoranda to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material file, and may have a non- employee representative of the OPBA present when reviewing his file. A reasonable request for which copies of items included in the refutation is being written. Signed witness statements file shall be permitted honored. All items in an employee's file with regard to complaints and investigations will be clearly marked, with respect to final disposition. Section 4.6 In the course of witnesses having direct knowledge an internal affairs investigation, a polygraph or computer voice stress analyzer (CVSA) examination will be administered only with the consent of the issue(s) only; these statements employee under investigation. Section 4.7 Complaints by civilians which may involve suspension or discharge of an employee, shall also be reviewed in writing and signed by the Human Resources Director complainant. The Employer will furnish a copy of the complaint to the employee whom the complaint has been filed against prior to questioning or Inspections Bureau Commanderprior to the pre-disciplinary hearing, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this occurs first. Section must, if pursued by 4.8 Records of written reprimands and/or verbal reprimands that are more than three (3) calendar years old shall not be used against the employee or PBA on behalf for purposes of the employee, be filed in accordance progressive discipline. Calendar year begins with the grievance procedure contained in General Order 3-5, unless modified by this Agreementdate of infraction.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1The public has a right to expect efficient, fair, and impartial law enforcement. Employees covered Therefore, any alleged misconduct by this Agreement are also an employee of the UWPD must be thoroughly investigated to assure the maintenance of these qualities. Employees, too, must be protected against false allegations of misconduct and have the assurance that internal investigations will be conducted in a manner conducive to good order and discipline. Every employee who is the subject of an internal affairs investigation or who is interviewed relating to a matter that could lead to discipline (dismissal, demotion, suspension without pay, reduction in pay, written reprimand, or verbal reprimand) of them shall be entitled to be represented by a designated Union representative of their choice. The employee to be interviewed shall be afforded reasonable time prior to the benefits and rights interview to consult with the Union representative. Every employee who becomes the subject of an internal investigation shall be advised who is in charge of the Pinellas County Sheriff’s Office General Orders (investigation, who will be conducting the interview, and what initial policy violations have been alleged, prior to include Bureau Standard Operating Procedures the initial investigatory interview. The Employer shall apprise the employee of the complaint made against them, and Sheriff’s Orders)allow the employee to read the allegations contained in the complaint. If any conflict occurs between this Agreement A sanitized copy of the complaint shall be provided to the employee and the Sheriff’s Office General OrdersUnion, upon request. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever possible, interviews will be scheduled during the normal workday of the employee. The employee or the Employer may request that the interview be recorded, either mechanically or by a stenographer. There can be no “off the record” questions. Upon request, the terms employee shall be provided an exact copy of any written statement the employee has signed, a copy of the Agreement shall prevailaudio recording, or a verbatim transcript of any interview. Upon written authorization from the employee, the Employer will provide to the Union a copy of any signed statement, copy of the audio recording, or verbatim transcript provided to the employee. The Agreement transcript will be provided if a transcript is made. Interviewing shall be completed within a reasonable time and the governing factor employee shall be entitled to reasonable breaks for personal necessities, meals, telephone calls, consultant with the Union, and rest periods. All interviews shall be limited in all cases even though scope to activities, circumstances, or events which pertain to the benefits employee’s conduct or rights provided acts which may form the basis for disciplinary action. The employee will not be greater threatened with dismissal or lesser than provided for other disciplinary action as a guise to obtain resignation, nor shall the employee be subject to abusive or threatening language or intimidating in the Sheriff’s Office General Orders. Section 2any other manner. Employees No promises or rewards shall be made as an inducement to answer questions. No employee shall be required to observe and comply unwillingly submit to a polygraph examination. The Employer agrees to provide the employee with all current and future rules and regulations the entire contents of the Sheriffemployee’s Office except those that are investigation file prior to the imposition of any personnel action which could result in conflict with discipline or dismissal. Upon written authorization from the employee, the Employer will provide the Union a copy of the investigation file. Assigned storage space may be searched by the University. An employee’s personal property may not be searched relative to an internal investigation without a search warrant. When an employee, whether on duty or off duty, uses deadly force which results in the injury or death of a person, the employee shall not be required to make a formal written or recorded statement for seventy-two (72) hours after the incident. The employee will provide any other information necessary to secure evidence, identify witnesses, or apprehend suspects. When an employee is required to make a verbal, written, or recorded statement, the employee shall be afforded all protections afforded by this Agreement, Washington State law, and the Constitutions of both the United States and State of Washington, including but not limited to, Miranda, Garrity, and Xxxxxxxxxx rights. Whenever a General OrderThe procedures regarding the, Bureau SOP, “Use of Force Resulting in Serious Injury or Sheriff’s Order is created, modified, or eliminated, a draft of same will Death,” shall be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1internal department policy (CALEA 1.3.8). Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file This policy shall be made at the expense of the requestor. Section 4. An employee shall have the right subject to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement(Article 18).

Appears in 1 contract

Samples: Teamsters 117 Contract

EMPLOYEE RIGHTS. Section 1. Employees covered by For the purposes of this Agreement Article, formal disciplinary action is defined as a letter of written warning, letter of suspension, demotion or discharge. Oral warnings and letters of expectations are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersnot considered formal discipline. Section 2. Employees No bargaining unit employee who has successfully completed their probationary period shall be required to observe formally disciplined or discharged without due process and comply with all current and future rules and regulations just cause. Due process requires that an employee is informed in writing of the Sheriff’s Office except those that are in conflict reason(s) for any formal disciplinary action and is provided with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided an opportunity to respond to the PBA at least ten (10) days prior action or explain the questioned behavior or actions. No employee serving a probationary period may file a grievance pertaining to implementationdiscipline or discharge. Section 3. Employees may respond both orally and in writing to any disciplinary action by the employer. Section 4. Letters of caution, consultation, warning, admonishment, and reprimand shall be considered temporary contents of an employee's personnel file and shall be destroyed upon receipt of written request from the affected employee, 18 months after they have been placed in the file, unless such items can be used in support of possible disciplinary action arising from more recent employee action or behavior patterns or are applicable to pending legal or quasi-legal proceedings. Section 5. In all cases of suspension or discharge of any bargaining unit employee, the union shall be notified of the action taken at the same time that the employee is notified. Section 6. An employee may request the presence of union representation during an investigatory interview that the employee reasonably believes will result in their being disciplined. Section 7. Employees may inspect and receive a copy of any material placed in their personnel file. Employees may be charged for the cost of processing and copying such materials. Section 8. A discharged employee upon request may receive copies of investigatory information compiled by management in support of such action. A copy fee may be charged to the employee. Section 9. No information reflecting critically upon an employee shall be placed in the official personnel file of the employee that does not bear either the signature or initials of the employee indicating that they have been shown the material or a statement by asupervisor that employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to theemployee. Section 10. An employee desiring that material which they feel is inaccurate and should be removed from their personnel file shall have the right to inspect their appeal it through the grievance procedure. Section 11. Material placed in the official personnel files in accordance with the provision file of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance without conformity with the provisions of General Order 6-1. Copies of Section 10 will not be used by the Employer in any material in a personnel file shall be made at subsequent evaluation or disciplinary proceeding involving the expense of the requestoremployee. Section 412. An employee shall The Union and the Employer agree that employees have the right of self- organization or non-organization, to insert form or not form, to join or not join, assist or resist any labor organization to bargain collectively through representatives of their own choosing on questions of wages, hours, fringe benefits, and other conditions of employment or to refrain there from, and to engage or refuse to engage in his personnel fileconcerted activities for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or Administrative Investigation file if applicable, a written and signed refutation of coercion from any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementUnion or the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled Every employee who becomes the focus of an internal investigation shall be so advised and given reasonable opportunity to confer privately with counsel prior to the benefits time of an interview where he is suspected of: A. Committing a criminal offense; and/or B. Criminal misconduct that could be grounds for termination, discharge, demotion, suspension without pay, or written reprimand. 4.3.1 Any employee who becomes the focus of a criminal investigation may have counsel present during all interviews. This representation by counsel is confined to counseling, and rights not actual participation in the investigation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge against the interviewed person. 4.3.2 The employee, Employer, or the Union may request require that an investigation interview be recorded, either mechanically or by a stenographer. The party requesting requiring such recording shall pay for said recording and transcription thereof. Upon request, the employee under investigation shall be provided an exact copy of any written statement he has signed. 4.3.3 Interviewing shall be completed within a reasonable time and in a reasonable manner, unless the exigency of the Pinellas County Sheriffinterview dictates otherwise. In investigation interviews, which shall not violate the employee’s Office General Orders (constitutional or civil rights, the employee shall be afforded an opportunity to include Bureau Standard Operating Procedures contact and Sheriff’s Orders). If any conflict occurs between this Agreement consult privately with an attorney, or a representative of the Union before being interviewed. 4.3.4 In the event dismissal of an employee becomes imminent, and the SheriffEmployer determines an alternative to said dismissal is the employee’s Office General Ordersresignation, said employee will be provided a reasonable opportunity to confer with the terms Union before being requested to respond to the offer of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersresignation. Section 2. 4.3.5 Employees shall will not be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with unwillingly submit to a polygraph test; provided however, this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with apply to either the initial application for employment or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained persons in the material for which field of public law enforcement who are seeking promotion to a position outside the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commanderbargaining unit, whichever is applicable, and must also specifically address only the issue or issues contained as defined in the materialrecognition clause. Any grievance concerning this Section mustProvided further, if pursued by the Police Chief offers an employee the opportunity to take the polygraph test regarding potential involvement in criminal activity or PBA on behalf of the potential for disciplinary action, the employee, be filed in accordance after being given reasonable opportunity to consult with the grievance procedure contained in General Order 3-5Union, unless modified by this Agreementmay agree to stipulated polygraph.

Appears in 1 contract

Samples: Police Department Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have 14.01 An employee has the right to inspect their personnel files the presence and advice of an OPBA representative and/or an OPBA attorney at all disciplinary hearings and/or disciplinary interrogations. Such right shall not be exercised for the purpose of creating unreasonable delay. All representation by employees shall take place on employees’ time off. 14.02 An employee who is to be questioned as a suspect in accordance with the provision an investigation of General Order 6-1. Said inspection any criminal charge against him shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision be advised of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the his constitutional rights before any questioning starts. 14.03 An employee will be notified in accordance with informed of the provisions of General Order 6-1. Copies nature of any material in a personnel file shall be made at the expense investigation of the requestorhimself prior to any questioning. Section 4. 14.04 An employee shall have the right may request an opportunity to insert in review his personnel file, or Administrative Investigation and to add pertinent response to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material file and may have a representative of the OPBA present when reviewing his file. An Employer representative shall be present when employees review their file. A request for copies of items included in the file shall be honored. Copies will be made at employee’s cost. An employee may request removal of specific items in his file, which request will be considered by the Employer in its sole discretion. All items in an employee’s file with regard to complaints and investigations will be clearly marked with respect to final disposition, if any. 14.05 All complaints received by the Employer against Communication Center non- probationary employees by civilians, members of the Parma Police or Fire Departments, or members of any other Police or Fire Departments shall be reduced to writing and a copy provided to the particular employee(s) within three (3) scheduled work days, unless the complaints raise allegations of criminal activity. 14.06 At the employee’s request, on or about March 1 of each year, written reprimands and written records of verbal reprimands which have not, of themselves, been the basis for more serious discipline, and written documents concerning compliments or commendations, any of which is dated more than five (5) years prior thereto, shall be removed from an employee's personnel file and shall, thereafter, not be considered as a basis for assessing discipline or degree of discipline in any pending or future disciplinary actions against that employee. Written records of suspensions of three (3) days or less which have not, of themselves, been a basis for more serious discipline, any of which is dated more than eight (8) years prior thereto, shall be removed from an employee's file and shall, thereafter not be considered as a basis for assessing discipline or degree of discipline in any pending or future disciplinary action against that employee. Upon such removal, the Employer shall, to the extent permitted under state law, destroy said records in a timely fashion. 14.07 In the event the Employer intends to lay off any member of the Bargaining Unit, the Employer shall give the affected employee or employees notice of such layoff not less than twenty (20) calendar days in advance of the first day on which the refutation layoff is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to become effective and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementimplemented.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1The public has a right to expect efficient, fair, and impartial law enforcement. Employees covered Therefore, any alleged misconduct by this Agreement are also an employee of the UWPD must be thoroughly investigated to assure the maintenance of these qualities. Employees, too, must be protected against false allegations of misconduct and have the assurance that internal investigations will be conducted in a manner conducive to good order and discipline. Every employee who is the subject of an internal affairs investigation or who is interviewed relating to a matter that could lead to discipline (dismissal, demotion, suspension without pay, reduction in pay, written reprimand, or verbal reprimand) of them shall be entitled to be represented by a designated Union representative of their choice. The employee to be interviewed shall be afforded reasonable time prior to the benefits and rights interview to consult with the Union representative. Every employee who becomes the subject of an internal investigation shall be advised who is in charge of the Pinellas County Sheriff’s Office General Orders (investigation, who will be conducting the interview, and what initial policy violations have been alleged, prior to include Bureau Standard Operating Procedures and Sheriff’s Orders)the initial investigatory interview. If any conflict occurs between this Agreement and The Employer shall apprise the Sheriff’s Office General Orders, the terms employee of the Agreement shall prevail. The Agreement shall be complaint made against them, and allow the governing factor in all cases even though employee to read the benefits or rights provided may be greater or lesser than provided for allegations contained in the Sheriff’s Office General Orders. Section 2complaint. Employees shall be required to observe and comply with all current and future rules and regulations A sanitized copy of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will complaint shall be provided to the PBA employee and the Union, upon request. The interview of any employee shall be at least ten (10) days prior to implementation. Section 3a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Employees shall have Whenever possible, interviews will be scheduled during the right to inspect their personnel files in accordance with normal workday of the provision of General Order 6-1employee. Said inspection shall occur at reasonable times so long as said inspection does not interfere with The employee or cause disruption to the provision of efficient and effective service to Employer may request that the publicinterview be recorded, either mechanically or by a stenographer. Likewise, whenever another individual makes a public records request to review an employee’s fileThere can be no "off the record" questions. Upon request, the employee will shall be notified in accordance with the provisions of General Order 6-1. Copies provided an exact copy of any material in written statement the employee has signed, a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel fileaudio recording, or Administrative Investigation file if applicable, a written and signed refutation verbatim transcript of any material he considers to be negative or detrimentalinterview. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of Upon written authorization from the employee, the Employer will provide to the Union a copy of any signed statement, copy of the audio recording, or verbatim transcript provided to the employee. The transcript will be filed in accordance provided if a transcript is made. Interviewing shall be completed within a reasonable time and the employee shall be entitled to reasonable breaks for personal necessities, meals, telephone calls, consultant with the grievance procedure contained Union, and rest periods. All interviews shall be limited in General Order 3-5scope to activities, unless modified by this Agreementcircumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to A probationary period shall be utilized for the benefits most effective adjustment of a new employee and rights for the separation of any employee whose performance does not, in the judgment of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders)employee's supervisor, meet the required standard of performance. The probationary period shall last for six months. If the Employer determines at any conflict occurs between this Agreement and time during the Sheriff’s Office General Ordersprobationary period that the job performance of the probationary employee is unsatisfactory, the terms of employee may be separated upon written notice from the Agreement shall prevailEmployer, stating the reasons for the separation. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders.separation of a probationary employee is not Section 2. No permanent employee may be disciplined or discharged except for just cause and with due process. Due process requires that an employee is informed in writing of the reason(s) for the disciplinary action and is provided with an opportunity to respond to the proposed action prior to its implementation. Section 3. An employee may request the presence of a representative during an investigatory interview which the employee believes may reasonably result in disciplinary action. It is understood that the employee may decline to answer any specific question during such an interview. Section 4. Any employee charged by a client with improper behavior or with violating an agency rule or policy shall be deemed innocent until such time as sufficient evidence to the contrary has been presented. Any disciplinary action based on a client complaint may be appealed through the grievance procedure. Section 5. Positions which are currently filled by bargaining unit members shall not be made into a job-sharing position except by mutual agreement or until the position becomes vacant. Section 6. Employees shall receive a copy of their current position description or class specification from Human Resources within five working days after Human Resources receives an oral request. Section 7. An employee may obtain a copy of any document in their personnel file. An employee may place any relevant document in their personnel file. Section 8. The statewide performance evaluation system or another system approved by the Personnel Division shall be required to observe and comply with all current and future rules and regulations utilized by the Employer in the evaluation of the Sheriff’s Office except those that are in conflict with employees covered by this Agreement. , Section 9. Whenever performance appraisals are prepared, a General Ordercopy of the results of the evaluation shall be transmitted to the employee. The immediate supervisor shall discuss the evaluation with the employee and note by signature retained in the personnel file that the evaluation has been discussed with the employee. If the employee desires to submit a written response to the performance appraisal, Bureau SOPthe response shall be submitted within 15 working days of the receipt of the appraisal. Contents of performance appraisals are not grievable under the terms of this bargaining agreement unless they are tied to pay. Section 10. No information reflecting critically upon an employee shall be placed in the personnel file of the employee that does not bear either the signature or initials of the employee indicating that they have been shown the material, or Sheriff’s Order a statement by a supervisor that the employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 11. Letters of warning or reprimand shall be removed from the employee's personnel file after 12 months, unless the employee is created, modifiedformally disciplined within the 12- month period, or eliminatedunless the material is applicable to a pending legal or quasi-legal proceeding. In order for letters of warning or reprimand to be removed, the employee Section 12. Material shall not be placed in the personnel file of an employee which is not in conformity with this Article, nor shall such material be used in any subsequent evaluation or disciplinary proceeding involving the employee. Section 13. Employees who terminate their service will be furnished, upon request, a draft letter stating their classification and length of same will be provided service. Section 14. The Employer shall ensure reasonable access to each employee an up-to- date policy manual of its rules, regulations, and policies on employment related matters. The Unit Supervisor shall provide information on new procedures within the PBA at least ten (10) days unit prior to implementation. Section 315. Employees Any employee desiring that material, other than performance appraisals (unless tied to pay), which they feel is incorrect and should be removed from the personnel file of the employee, shall have the right to inspect their personnel files in accordance with appeal it through the provision grievance procedure. Section 16. During the term of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to this Agreement the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee Federation will be notified at least 60 days in accordance with the provisions of General Order 6-1. Copies advance of any material in a personnel file Employer decision to contract out bargaining unit work. The effects of such contracting out shall be made at the expense of the requestorsubject to negotiations prior to implementation. Section 417. An employee All vacant positions which require a background check shall have include such requirement in the right to insert position announcement and specify any known type of background check. Information obtained as a result of a background check shall not be maintained in his the employee's personnel file. Section 18. Upon notification from the Federal Government of changes to federal systems requiring background checks of current employees, or Administrative Investigation file if applicable, the Department shall provide notification to the Federation. Upon written request the Department will provide a written and signed refutation list of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementaffected members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section A. The wide ranging powers and duties given to the Department and its members involve them in all manners of contracts and relationships with the public. Out of these contracts may come questions concerning the actions of the members of the force. In an effort to ensure that investigations are conducted in a manner which is conducive to good order and discipline, the following rules are hereby adopted: 1. Employees covered by The interrogation of any employee shall be when the employee is on duty. If it is required that the employee report to headquarters on his official duty hours, he shall be compensated on an overtime basis as set forth in this Agreement are also entitled to the benefits and rights Agreement, unless it is determined he is remiss in his duties or found guilty of a preferred charge. 2. The employee shall immediately be informed of the Pinellas County Sheriff’s Office General Orders (nature of the investigation before any interrogation commences. If the informant or complainant is anonymous, then the employee shall be so advised. All non-confidential information to include Bureau Standard Operating Procedures apprise the employee of the allegations will be provided. If known that the employee is being interrogated as a witness only, he will be so informed at the initial contact. 3. The questioning shall be conducted for brief periods in length. Respites will be allowed. Time will be provided for personal necessities, meals, telephone calls, and Sheriff’s Orders)rest periods as are necessary. 4. The interrogation of the employee shall not be recorded without his knowledge. 5. The employee will not be subject to any offensive language, nor will he be threatened with transfers, dismissal, or any other disciplinary action. No promises of any nature will be made as an inducement to answering questions. Nothing herein shall be construed to prevent the investigating officer from informing the member of the possible consequences of his acts. 6. If any conflict occurs between employee is under arrest or is likely to be, or is a suspect, or target of a criminal investigation, he will be given his rights pursuant to current decisions of the United States Supreme Court. 7. In all cases and in every stage of the proceedings in the interest of maintaining the usual high morale of the force, the Township shall afford an opportunity for a member of the force, if he so requests, to consult with counsel and/or his Association representative(s) before being questioned concerning a violation of the rules, laws, and regulations which could result in a disciplinary action. During the interrogation of a member of the force, the member shall have a representative of the Association present plus legal counsel, if he so desires. A form shall be provided by the Police Department to all parties covered under this Agreement contract who are questioned or interrogated, and the Sheriff’s Office General Orders, the terms S.O.A. member must sign and date this form if he decides not to have representation. This signed and dated form shall provide a waiver of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided representation for in the Sheriff’s Office General OrdersP.B.A. 127. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled : Upon request, an employee has the right to the benefits presence and rights advice of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersa Union witness at an investigatory disciplinary interview, the terms of the Agreement but such advice shall prevail. The Agreement shall not be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersdisruptive. Section 2. Employees : The Township shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided adhere to the PBA at least ten (10) days prior federal Constitutional requirements, if any, as to implementationinforming a suspect in a criminal investigation of his/her constitutional rights. Section 3: All investigations and interrogations will be conducted in a private and businesslike manner. Employees shall have the right If a bargaining unit employee asks whether his refusal to inspect their personnel files answer questions or participate in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption an investigation will subject him to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filediscipline, the employee Employer will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestoradvise him accordingly. Section 4: Interview sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. Section 5: If a bargaining unit employee asks about the nature of any investigation he is asked to participate in, the Employer will advise him accordingly if, in the Employer's judgment, a xxxxx reply will not compromise the investigation. If the employee being questioned is, at that time, a witness and not under investigation, he shall be so advised. Section 6: An employee shall have the right may request to insert in review his personnel file, or Administrative Investigation add memoranda to the file if applicable, a written and signed refutation of clarifying any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues documents contained in the material file and may have a Union witness present when reviewing his file. A request for which copies of items included in the refutation is being written. Signed witness statements file shall be permitted honored. Section 7: In the course of witnesses having direct knowledge an internal affairs investigation, a polygraph examination will be administered only with the consent of the issue(s) only; these statements employee under investigation. Section 8: In case of an anonymous or unsigned complaint, no further action will be taken unless the Chief reasonably believes that fu11her investigation is warranted. The Chief or his direct supervisor shall also be reviewed so indicate by signing the complaint form. Complaints deemed unsubstantiated by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained Chief shall not be placed in the materialBargaining Unit Member's file. Section 9: Any complaint alleging wrongdoing on the part of a Bargaining Unit member shall be reduced to writing and the complainant shall be asked to sign the complaint form. Any grievance concerning this Section mustIn the event the complainant's statement is illegible, if pursued the Department will either translate or tape record the complaint as appropriate. The transcription and/or tape recording shall be retained in the employee's file. The Chief or his direct supervisor shall investigate any signed complaint. After the initiation of the investigation of a complaint, the Bargaining Unit Member may be required to submit a written report to the Chief or his direct supervisor explaining the incident(s) that led to the complaint. The Bargaining Unit member shall be entitled to receive a written report of the results of the investigation from the Chief or his direct supervisor within fourteen (14) calendar days after the investigation is complete. The results of said investigation of any founded complaint against a Bargaining Unit member shall be placed in the Bargaining Unit Member's file. Officers shall not be disciplined as a result of citizen complaints unless such complaints are made in writing within sixty (60) days of the alleged wrongdoing, except under extenuating circumstances as determined by the employee or PBA on behalf board of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementTrustees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to a. Unless the benefits and rights FAP, DDESS, District, or appropriate law enforcement agency, determines that notification of an allegation(s) made against the employee would compromise its investigation or the safety or welfare of the Pinellas County Sheriffchild/children, the employee has the right to be notified of the allegation(s) made against him/her normally within thirty (30) days of the initial report of the allegation. The Agency reserves the right to place an educator on administrative leave or remove the child/children from the educator’s Office General Orders (class. b. The employee has the right to include Bureau Standard Operating Procedures and Sheriff’s Orders)have union representation during any investigative interview by Agency personnel if the employee reasonably believes disciplinary action may result. If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersan employee requests representation by an Association attorney or representative, the terms Agency will consider delaying any questioning until the Association has been given at least 24 hours to confer privately with the employee. In no event will the employee be permitted to delay questioning beyond 24 hours. c. When interviewed by non-Agency officials, the employee has the right to request to have the interview conducted away from school site. This request shall be granted unless the interviewer determines that presence at the school site is a material aspect of the Agreement shall prevailinterview. The Agreement shall In such cases, the interview will be conducted as unobtrusively as possible at a private location within the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersschool. Section 2. Employees shall be required d. Where an allegation of child abuse is unsubstantiated, the employee has the right to observe and comply with all current and future rules and regulations a letter documenting the disposition of the Sheriffallegation of abuse if requested by the employee. Copies of that letter will be distributed, at the employee’s Office except those that are in conflict with this Agreement. Whenever a General Orderrequest, Bureau SOPto all persons provided the DoDEA “Alleged Child Abuse Report” form, or Sheriff’s Order is createdany similar report, modified, or eliminated, a draft of same by the District. e. All new employees will be provided to information about child abuse identification, prevention, and reporting responsibilities. The Parties recognize the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the Association’s statutory right to inspect their personnel files in accordance with be present during all formal discussions, including any training sessions which constitute formal discussions under the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel filestatute, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained as detailed in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementapplicable collective bargaining agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1‌ 7.1 No material related to an employee's conduct, or service, character or personality shall be placed in his/her personnel file unless justified and it is signed by the person submitting the information. Employees covered The employee shall be given the opportunity to acknowledge that he/she has read such material by this Agreement are also entitled affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. No such material shall be used in a hearing against an employee unless opportunity for such a review has been afforded. An employee's refusal to sign will be noted by an administrator and a witness. Any material related to an employee's conduct or service, shall not be placed in his/her personnel file unless the following statement is added to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, material before the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An signs: The employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of answer any material he considers filed and his/her answer shall be attached to the file copy. An employee shall be permitted, by appointment, to examine his/her personnel file except for employment references. There shall be no separate personnel files that are not open for inspection by the employee. An employee's personnel file shall be open to inspection only by those persons whose official or legal responsibilities require such inspection. 7.2 Disciplinary action or measures shall consist of: verbal warning, written warning, written reprimand, suspension and termination. Where possible, progressive discipline is to be negative utilized; however, where the offense is deemed to be of gross enough nature, the preceding steps may be waived include disciplinary action up to and including termination by the Superintendent. No disciplinary action shall be taken except for just cause. No permanent employee shall be subjected to suspension or detrimentaltermination without being informed of the reason(s) and afforded an opportunity to give an oral response. Such employee who has been subjected to any disciplinary action or measure by the Superintendent or designee shall have, at a minimum, the right to file an appeal to the Board under Section 4-205(c) of the Annotated Code of Maryland if filed within thirty (30) days after the suspension or termination decision is rendered. Employees accused of misconduct in office, following the Administration’s initial investigation of a reported incident, have the right to request that an Association representative and/or legal counsel be present at any subsequent meeting with the Administration that he/she has been advised will result in suspension or discharge. If an employee exercises his/her right for representation at this step, the employee bears the sole responsibility of notifying the Association representative and/or legal counsel. Following the completion of an investigation and prior to any disciplinary meeting, CCPS will provide the employee with the nature of allegations against the employee as permitted by law. The refutation Association representative and/or legal counsel will make himself/herself available to meet within two duty days from the time the employee was advised of the need to meet for the above reasons. In the event the Association representative and/or legal counsel fails to appear at the scheduled date and time, the meeting shall be reviewed proceed without him/her. It is expressly understood and agreed that this provision is not intended to and does not apply to any or all meetings between employee and supervisory or administrative staff which are related to or are part of the evaluation of employee competence or any other investigation or consideration by the Human Resources Director or Inspections Bureau Commander, whichever administration of employee competence. It is applicable, further expressly agreed and understood that this provision is also not intended to ensure that it specifically addresses only apply to situations involving aggravated employee misconduct where the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge best interests of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf school system require immediate paid suspension/administrative leave of the employee. The employee involved in immediate paid suspension/administrative leave has the right to request that an Association representative and/or legal counsel be present in all subsequent meetings regarding the immediate paid suspension/administrative leave. The employee will be provided written notice of the nature of the allegations resulting in their immediate paid suspension/administrative leave no later than the next available work day following their removal. 7.3 Following receipt of a written reprimand for misconduct, an employee may request a meeting with their administrator and/or supervisor, and Association representative and/or legal counsel for the purpose of which is to clarify the expectations for change pursuant to the written reprimand. 7.4 CCPS values the professional development and training of support employees. When determined to be filed appropriate and in accordance alignment with the grievance procedure contained employee’s job responsibilities by the employee’s supervisor, professional leave for the employee may be approved by the supervisor. A. On or before July 15, representatives from CAESS and CCPS will meet to plan up to seven (7) hours of professional development opportunities for employees for the upcoming school year. Such professional development opportunities will be planned collaboratively and include topics of interest from both parties. B. Employees, who by contract are not scheduled to work at the time of the above professional development opportunities, with preapproval by their immediate supervisor, who complete professional development under this item beyond their contractual days will be paid at their regular hourly rate and must submit timesheets accordingly. C. Any training in General Order 3new technology and/or software shall be conducted during contracted hours. D. An MOU will be created for CCPS and CAESS to form a committee to develop a professional development plan during the 2024-52025 school year for CAESS employees for the 2025-2026, unless modified 2026- 2027, and 2027-2028 school years. 7.5 CCPS shall give each employee a copy of his/her job description upon their employment, and the employee and CAESS will be notified by email of the updated job description and all current job descriptions will be posted and maintained on the Calvertnet website. 7.6 There shall be an opportunity to have at least one (1) CAESS member on every school improvement team. In any building site where a site-based decision committee exists, there shall be an opportunity to have at least one (1) CAESS member on the committee. 7.7 No employee shall be required to handle any object suspected of being a bomb or similar device. Employees shall not be used to search for a suspected bomb or similar device. 7.8 Employees new to their position shall be given training/orientation as it applies to their specific job throughout their probationary period. 7.9 The online system-required compliance training will be available by August 1. Employees will be required to complete the training prior to the first student day. Immediate supervisors will designate specific dates and three hours and fifteen minutes (3.25) of time for employees to complete the training during August. Employees may complete the training offsite during the designated time with supervisor notification. 7.10 In the event it is found that an employee is incorrectly assigned to a scale and/or step, the employee will be held harmless from any overpayment that may have occurred, the employee’s placement on step and scale will be adjusted accordingly, and the employee’s future pays will be based on the correct scale and/or step. Any employee whose compensation is currently frozen due to past practice for correcting scale and/or step placement errors will be governed by the placement at the time the error was discovered. 7.11 CCPS and the Association shall comply with the provisions of the Public School Laws of Maryland, which renders unlawful discrimination with regard to race, color, religion, sex, age, ancestry or national origin, familial status, marital status, physical or mental disability, sexual orientation, gender identity and expression, or genetic information. 7.12 A witness shall be present whenever an employee is required to diaper or assist with toileting a student except in emergency situations. 7.13 Calvert County Public Schools will take reasonable steps to provide a safe working environment and shall collaborate with CAESS in an effort to address safety concerns that are brought to its attention. 7.14 Whenever possible, instructional assistant, building services worker, food service worker, and secretary positions vacant for more than four (4) weeks shall be filled by a substitute until a qualified candidate has been obtained, hired, and placed. 7.15 Support staff employees will be provided with an individual, secure area/space for the purpose of storing personal belongings, as requested. 7.16 Support staff who are asked to interpret or sign during the duty day and outside of assigned duties will be paid an additional ten (10) dollars per hour. 7.17 Support staff shall not be required to secure their own substitutes; however, they must report leave per CCPS procedures. 7.18 School principals shall make a good faith effort to provide reasonable time for instructional assistants to prepare for interventions and to collaborate with team members. 7.19 The employee who provides back-up coverage to the health room shall receive specialized training and a stipend of $300 per year. If more than one employee takes on this Agreementrole, the stipend will be split between the employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. 31.1 The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees FOP shall have the right to inspect their personnel files appoint or elect representatives from its membership and such representatives shall be authorized and recognized by the City to represent the employees in accordance with the provision employer-employee related matters. The name of General Order 6-1. Said inspection employees so selected shall occur at reasonable times so long as said inspection does not interfere with or cause disruption be certified in writing to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestorCity. Section 431.2 The FOP recognizes its responsibilities as the bargaining agent and agrees to represent all members of the bargaining unit, without any unlawful interference, restraint, or coercion from the City and shall without any unlawful interference, restraint, or coercion, respect and represent the rights of all employees of the Police Department. Section 31.3 Bargaining unit members shall be entitled to the following rights: (A) A bargaining unit member who is being questioned as a suspect or a witness in (B) an internal investigation ordered by the Chief of Police or his designee, shall be advised of the nature of the internal investigation prior to such questioning, and shall ultimately be advised in writing as to the disposition of such investigation. (C) Whenever any bargaining unit member is subjected to interrogation by any departmental personnel for reasons that could lead to disciplinary action, and/or criminal charges, or as a witness only, the bargaining unit members shall be apprised of the nature of the investigation prior to questioning. (D) Questioning or interviewing of a bargaining unit member in the course of an internal investigation will be conducted at hours reasonably related to a shift, unless operational necessities require otherwise. An employee Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. A copy of any tape, transcript, or written statement made pursuant to an administrative investigation shall be provided to the bargaining unit member immediately following such questioning or interviewing unless it is a result of a criminal investigation. (E) Complaints against a bargaining unit member, when designated by the Chief of Police to be unfounded, shall not be included in his personal file, and shall not be used in any subsequent disciplinary proceeding or in making promotion decisions. (F) Before a bargaining unit member may be charged with insubordination or like offense, for refusing to answer questions or participate in an investigation, he shall be advised that such conduct may be the basis for such charge. (G) Evidence obtained in the course of an internal investigation through the use of administrative pressure, threats, coercion, or promises, shall not be admissible in any subsequent criminal action. (H) In a criminal investigation, interview, or interrogation, the bargaining unit member shall be provided the same constitutional and statutory safeguards afforded to all citizens. (I) In the event that formal disciplinary action before the Chief of Police or the Safety Director is taken against a bargaining unit member, the bargaining unit member shall have the right to insert request the presence of legal council and/or one representative from the officially recognized union when such action is taken, and the attorney and/or representative shall have the right of cross examination. In a disciplinary hearing before the Chief of Police, the bargaining unit member may have a representative present selected by the Union. (J) The attorney (or Designee) for the City and the attorney (or Designee) representing a bargaining unit member who has been charged with disciplinary rules violation, or the bargaining unit member himself, if not represented by counsel, shall provide each other, prior to commencement of disciplinary hearings before the Director of Public Safety, with a list of all persons who will testify at the hearing, and shall provide an opportunity to review any written factual statements concerning the subject matter of the administrative charges of witnesses who actually testify at the hearing; provided that such disclosure will not compromise any criminal or internal investigation or compromise a promise of confidentiality previously given to such witness. The City shall provide the bargaining unit member, prior to the hearing, with copies of his own written statements or reports regarding the matter that is subject of the hearing. Failure to comply with the terms of this provision will not affect the validity of any discipline imposed. Both parties agree that they will have a reasonable postponement of the hearing to exchange the information, subject to the above restrictions on disclosure. (K) If any of these procedures are alleged to be violated, such allegations shall be subject to the grievance procedure beginning with step 2. (L) All complaints filed by a citizen against bargaining unit members shall be submitted by the complainant in his personnel or her own handwriting and signed. When a complaint is filed more than six (6) months after the date of the alleged event, and the complaint could not lead to a criminal charge, the accused bargaining unit member may be ordered to respond to the complaint and to the investigation, but shall not be subject to disciplinary action for that complaint. Copies of all such complaints shall immediately be provided to the bargaining unit member when the officer is asked to respond. In those cases where the complainant is illiterate, tape recordings of the complaint shall be made and retained on file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation the officer shall be reviewed by given the Human Resources Director or Inspections Bureau Commanderopportunity to listen to the tape when asked to respond. (M) When a bargaining unit member requests union representation with respect to disciplinary action against him, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements he shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementto call an officer detailed to Union duty.

Appears in 1 contract

Samples: Labor Agreement

EMPLOYEE RIGHTS. Section 1. 7.1 Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees Employer shall have the right freely to inspect their personnel files organize, join, refrain from joining and support or not support the Association for the purpose of engaging in accordance collective bargaining or negotiations and other lawful activities for mutual aid and protection which are not in conflict with the provision terms and conditions of General Order 6this Contract. 7.2 Upon request, and subject to guidelines of the "Xxxxxxx-1Xxxxxxxx Employee Right to Know Act," an employee has the right to review the contents of the personnel file maintained by the District in his/her name of all personnel records pertaining to said employee originating after initial employment, excluding initial references and any other items excluded by law, and to have a representative of the Association accompany him/her in such review. Said inspection The review shall be made in the 7.3 No material, including but not limited to student, parental or school personnel complaints, originating after initial employment will be placed in the personnel file maintained in the employee’s name unless the employee has had an opportunity to review the material. The employee may submit a written notation regarding any material with which s/he disagrees, including complaints, and the same shall be attached to the file copy of the material in question. When an employee is requested to sign material placed in his/her file, such signature shall be understood to indicate his/her awareness of the material, but shall not be interpreted to mean agreement with the content of the material. 7.4 Any formal complaint of a serious nature against an employee will be called to the attention of the employee as soon as the administration deems it appropriate to do so without compromising any investigation or violating any legal requirement. 7.5 No non-probationary employee shall be disciplined without just cause. The term "discipline" as used in this Agreement includes warnings; reprimands; suspensions without pay; and discharges. The specific grounds for disciplinary action will be presented in writing to the bargaining unit member no later than at the time discipline is imposed. 7.5.1 An employee shall be entitled to have present a representative of the Association during any meeting which leads to disciplinary action. When a request for such representation is made by the employee, no action shall be taken with respect to the employee until such representative of the Association is present. It will be the responsibility of the employee who asks for a delay until an Association representative can be present to reschedule a meeting with the Employer within two (2) working days. If the Employer knows that disciplinary action is likely to occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filegiven meeting, the employee shall be advised of said possibility and will be notified in accordance with the provisions advised of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge Association representation under this provision of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Master Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A probationary period shall be utilized for the most effective adjustment of a new employee and for the separation of any employee whose performance does not, in the judgment of the employee's supervisor, meet the required standard of performance. The probationary period shall last for six months. If the Employer determines at any time during the probationary period that the job performance of the probationary employee is unsatisfactory, the employee may be separated upon written notice from the Employer, stating the reasons for the separation. The separation of a probationary employee is not subject to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersgrievance procedure. Section 2. No permanent employee may be disciplined or discharged except for just cause and with due process. Due process requires that an employee is informed in writing of the reason(s) for the disciplinary action and is provided with an opportunity to respond to the proposed action prior to its implementation. Section 3. An employee may request the presence of a representative during an investigatory interview which the employee believes may reasonably result in disciplinary action. It is understood that the employee may decline to answer any specific question during such an interview. Section 4. Any employee charged by a client with improper behavior or with violating an agency rule or policy shall be deemed innocent until such time as sufficient evidence to the contrary has been presented. Any disciplinary action based on a client complaint may be appealed through the grievance procedure. Section 5. Positions which are currently filled by bargaining unit members shall not be made into a job sharing position except by mutual agreement or until the position becomes vacant. Section 6. Employees shall receive a copy of their current position description or class specification from Human Resources within five working days after Human Resources receives an oral request. Section 7. An employee may obtain a copy of any document in his/her personnel file. An employee may place any relevant document in his/her personnel file. Section 8. The statewide performance evaluation system or another system approved by the Personnel Division shall be required to observe and comply with all current and future rules and regulations utilized by the Employer in the evaluation of employees covered by this Agreement. Section 9. Whenever performance appraisals are prepared, a copy of the Sheriff’s Office except those results of the evaluation shall be transmitted to the employee. The immediate supervisor shall discuss the evaluation with the employee and note by signature retained in the personnel file that are the evaluation has been discussed with the employee. If the employee desires to submit a grievance or a written rebuttal to the performance appraisal, the response shall be submitted within 15 working days of the receipt of the appraisal. Section 10. No information reflecting critically upon an employee shall be placed in conflict the personnel file of the employee that does not bear either the signature or initials of the employee indicating that he/she has been shown the material, or a statement by a supervisor that the employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 11. Letters of warning or reprimand shall be removed from the employee's personnel file after 12 months, unless the employee is formally disciplined within the 12-month period, or unless the material is applicable to a pending legal or quasi-legal proceeding. Letters of probation or suspension shall be removed from the employee's personnel file after 18 months, unless the employee is formally disciplined within the 18-month period, or unless the material is applicable to a pending legal or quasi-legal Section 12. Material shall not be placed in the personnel file of an employee which is not in conformity with this AgreementArticle, nor shall such material be used in any subsequent evaluation or disciplinary proceeding involving the employee. Section 13. Whenever a General OrderEmployees who terminate their service will be furnished, Bureau SOP, or Sheriff’s Order is created, modified, or eliminatedupon request, a draft letter stating their classification and length of same will be provided service. Section 14. The Employer shall insure reasonable access to each employee an up-to- date policy manual of its rules, regulations, and policies on employment related matters. The Unit Supervisor shall provide information on new procedures within the PBA at least ten (10) days unit prior to implementation. Section 315. Employees Any employee desiring that material which he/she feels is incorrect and should be removed from the personnel file of the employee, shall have the right to inspect their personnel files in accordance with appeal it through the provision grievance procedure. Section 16. During the term of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to this Agreement the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee Federation will be notified at least 60 days in accordance with the provisions of General Order 6-1. Copies advance of any material in a personnel file Employer decision to contract out bargaining unit work. The effects of such contracting out shall be made at the expense of the requestorsubject to negotiations prior to implementation. Section 417. An employee All vacant positions which require a background check shall have include such requirement in the right to insert position announcement and specify any known type of background check. Information obtained as a result of a background check shall not be maintained in his the employee’s personnel file. Section 18. Upon notification from the Federal Government of changes to federal systems requiring background checks of current employees, or Administrative Investigation file if applicable, the Department shall provide notification to the Federation. Upon written request the Department will provide a written and signed refutation list of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementaffected members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered 8.1 All reports and forms required by this Agreement are also entitled the Board to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement be completed shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderscompleted on paid time. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees 8.2 Each employee shall have the right to inspect their personnel files his/her permanent file(s). Such examination shall be done during normal business hours pursuant to an appointment made for such purposes, provided that the appropriate administrator may waive the need for an appointment. A representative of his/her choice may accompany the employee, and a representative of the Board shall also be present during such review. The employee shall not permanently remove any item from his/her file, but shall be allowed copies of such at cost. A. When any complaint, reprimand, or other such evaluative material is added, deleted or changed in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filepermanent file(s), a copy of the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file same shall be made at available to the expense employee, who shall acknowledge receipt of the requestorsame. If any employee is required to sign any such material within his/her file, such signature shall designate receipt only and not agreement. Section 41. An employee If the Board chooses not to investigate a complaint, no copy or record shall be placed in the employee’s personnel or department file. Uninvestigated complaints shall not be used as a basis for any reprimand, other disciplinary action, or evaluation. 2. It is the employees responsibility to notify the District Personnel Office when their address, phone number, emergency contact person or education changes. B. All employees shall have the right to insert comment, responsively, without censorship, on all such evaluative material and said comments shall be included in his personnel filetheir official records. Any such response must be submitted within thirty (30) workdays after such material is provided to the employee. Such response shall be attached to file copies of such evaluative material to which the response is directed. Material shall be released outside of the Board as required by law and as the interests of the Board and/or the employee clearly require. If released, the employee shall be advised of the same to the extent permitted by law. C. Supervisors will notify employees that they are entitled to have present a representative when being officially reprimanded or disciplined. No reprimand or discipline shall be discussed by the administrator(s) or representative involved in the presence of students, parents, or Administrative Investigation file if applicable, a written and signed refutation employees not involved in the events giving rise to such reprimand or discipline. Provided this shall not preclude such discussion as is necessary to establish the facts and/or process such reprimand or discipline to the School Board. The employee shall have 48 hours notice of any material he considers such meeting. 8.3 Classified employees shall be afforded the following: A. An employee required by the Board to provide his/her personal transportation shall be negative or detrimentalreimbursed by the Board at no less than the rate allowed by law. Such requirement shall not include routine travel to and from the employee’s home and the worksite to which assigned. B. Employees shall be admitted without charge to school functions subject to the following conditions: 1. The refutation employee presents proper identification for admittance. 2. The employee is assigned to work at the school which is a participant in the activity. Countywide employees, bus drivers, and elementary school employees shall designate a school in which to receive free admission. The District will issue these employees a pass each August. 3. Activities that are not controlled by the district are not subject to this provision. 8.4 If any employee is sued in a tort action as a result of any action taken by the employee in the proper exercise of his/her responsibilities, the Board will provide for the defense thereof. 8.5 Tentative work schedules shall be reviewed available the last day of July before the next school year and no later than the last working day in December for the second (2nd) semester. It is understood the schedules are tentative and subject to change before the first (1st) day for students. 8.6 The Board and Association agree that employees shall be accorded all rights as guaranteed by the Human Resources Director laws and the Constitution of the State of Florida and the United States of America in the implementation of this Agreement. 8.7 All employees have the right upon written request to authorize payroll deductions for programs other than dues deductions that have been approved by the School Board. 8.8 This Agreement shall not be interpreted or Inspections Bureau Commanderapplied to deprive bargaining unit members of professional or occupational advantages heretofore enjoyed, whichever is applicable, conditions that are improved for the benefit of bargaining unit members shall be implemented as required by the provisions of this Agreement. 8.9 Any employee who works as a gate keeper for a school sponsored event will be paid $8.00 per hour. 8.10 Reasonable efforts will be made to ensure that it specifically addresses only duty assignments are equal within classifications at the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementworksite.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered ‌ 8.1 All reports and forms required by this Agreement are also entitled the Board to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement be completed shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderscompleted on paid time. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees 8.2 Each employee shall have the right to inspect their personnel files his/her permanent file(s). Such examination shall be done during normal business hours pursuant to an appointment made for such purposes, provided that the appropriate administrator may waive the need for an appointment. A representative of his/her choice may accompany the employee, and a representative of the Board shall also be present during such review. The employee shall not permanently remove any item from his/her file but shall be allowed copies of such at cost. A. When any complaint, reprimand, or other such evaluative material is added, deleted or changed in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filepermanent file(s), a copy of the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file same shall be made at available to the expense employee, who shall acknowledge receipt of the requestorsame. If any employee is required to sign any such material within his/her file, such signature shall designate receipt only and not agreement. Section 41. An employee If the Board chooses not to investigate a complaint, no copy or record shall be placed in the employee’s professional or department file. Uninvestigated complaints shall not be used as a basis for any reprimand, other disciplinary action, or evaluation. 2. It is the employee’s responsibility to notify the District Professional Office when their address, phone number, emergency contact person or education changes. B. All employees shall have the right to insert comment, responsively, without censorship, on all such evaluative material and said comments shall be included in his personnel filetheir official records. Any such response must be submitted within thirty (30) workdays after such material is provided to the employee. Such response shall be attached to file copies of such evaluative material to which the response is directed. Material shall be released outside of the Board as required by law and as the interests of the Board and/or the employee clearly require. If released, the employee shall be advised of the same to the extent permitted by law. C. Supervisors will notify employees that they are entitled to have present a representative when being officially reprimanded or disciplined. No reprimand or discipline shall be discussed by the administrator(s) or representative involved in the presence of students, parents, or Administrative Investigation file if applicable, a written and signed refutation employees not involved in the events giving rise to such reprimand or discipline. Provided this shall not preclude such discussion as is necessary to establish the facts and/or process such reprimand or discipline to the School Board. The employee shall have 48 hours’ notice of any material he considers such meeting. 8.3 Classified employees shall be afforded the following: A. An employee required by the Board to provide his/her personal transportation shall be negative or detrimentalreimbursed by the Board at no less than the rate allowed by law. Such requirement shall not include routine travel to and from the employee’s home and the worksite to which assigned. B. Non-instructional staff shall be admitted without charge to school functions subject to the following conditions: 1. The refutation non-instructional staff presents proper identification for admittance. 2. Non-instructional staff shall designate two schools’ athletic events in which to receive free admission. The District will issue these employees a pass each August. 3. Activities that are not controlled by the District are not subject to this provision. 8.4 If any employee is sued in a tort action as a result of any action taken by the employee in the proper exercise of his/her responsibilities, the Board will provide for the defense thereof. 8.5 Tentative work schedules shall be reviewed sent to employees two (2) weeks prior to the start of the next school year and one (1) week prior to the beginning of the 2nd semester. It is understood the schedules are tentative and subject to change before the first (1st) day for students. 8.6 The Board and Association agree that employees shall be accorded all rights as guaranteed by the Human Resources Director laws and the Constitution of the State of Florida and the United States of America in the implementation of this Agreement. 8.7 All employees have the right upon written request to authorize payroll deductions for programs other than dues deductions that have been approved by the School Board. 8.8 This Agreement shall not be interpreted or Inspections Bureau Commander, whichever is applicable, applied to deprive bargaining unit members of professional or occupational advantages heretofore enjoyed; conditions that are improved for the benefit of bargaining unit members shall be implemented as required by the provisions of this Agreement. 8.9 Any employee who works as a gate keeper for a school sponsored event will be paid $8.05 per hour until such time minimum wage exceeds the established rate. Rate of pay will be determined by the Florida Minimum Wage per hour. 8.10 Reasonable efforts will be made to ensure that it specifically addresses only duty assignments are equal within classifications at the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementworksite.

Appears in 1 contract

Samples: Master Contract

EMPLOYEE RIGHTS. Section 16.1 The Coalition and the College agree that all employees in the bargaining unit are entitled to all of the rights and privileges delineated in this Agreement. Employees covered by There shall be no rights implied beyond the specific terms of this Agreement are also entitled to except as expressly provided by the benefits and rights of the Pinellas County Sheriff’s Office General Orders Public Employee Bargaining Act (to include Bureau Standard Operating Procedures and Sheriff’s OrdersPEBA). If any conflict occurs between this Agreement , and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement Coalition shall be the governing factor in all cases even though exclusive representative for the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersrepresentation of these rights. Section 2. 6.2 Employees shall be required subject to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreementdisciplinary action only for just cause. Whenever a General OrderDisciplinary action includes written reprimands, Bureau SOPsuspensions, demotions, or Sheriff’s Order is createdtermination. Any employee who believes that they have been suspended without pay, modified, terminated or eliminated, demoted without just cause may file a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files grievance in accordance with this Agreement except as provided herein. 6.2.1 In cases of employee termination, the provision College shall provide the employee with a written notice of General Order 6-1termination as soon as possible. Said inspection The notice shall occur at reasonable times so long as said inspection does include the reason (s) for the termination. 6.2.2 An employee who receives a written reprimand is allowed to have a meeting to review such reprimand with the level of supervision immediately above the level of supervision that issued the reprimand. A reprimand cannot interfere with be grieved or cause disruption challenged other than the review contained in this section ( 6.2.2). 6.3 Prior to the provision implementation of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filediscipline other than verbal or written warning or reprimand, the employee will be notified advised of the charges against the employee and given an opportunity to respond. If the discipline being contemplated is of such a nature as to result in accordance the employee being placed on administrative leave with pay, the predisciplinary meeting shall be conducted as soon as possible. Upon request the employee will be allowed to be accompanied by a Coalition representative at this pre-disciplinary meeting however the employee must speak for him/herself. The representative may present the employee’s side of the issue or assist the employee in doing so. 6.4 The parties may exchange information or documents they believe will help resolve the issue(s). The College will furnish the employee, upon written request, information/material contained in the employee’s official personnel file. This does not apply to written statements of employees, citizens or others. 6.5 If the College removes an employee from work pending an investigation, that employee shall be placed on administrative leave with pay. This is not considered a suspension of the employee. 6.6 An employee may be accompanied by a Coalition representative at a grievance meeting as provided under this Agreement’s grievance procedure, a meeting at which the employee is responding to formal written charges against the employee, a meeting initiated by the employee and the supervisor agrees with the provisions of General Order 6-1. Copies of any material employee’s request for representation, or an investigatory meeting or interview that the employee reasonably believes will result in a personnel file shall be made at disciplinary action and the expense of supervisor agrees with the requestor. Section 4employee’s request for representation. An employee shall have may tape record a meeting with a supervisor or an investigator but must first reveal to the right to insert in his personnel file, supervisor or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure investigator that it specifically addresses only the issue or issues contained in the material for which the refutation meeting is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementrecorded.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by For the purposes of this Agreement Article, disciplinary action is defined as an oral admonishment, letter of reprimand, letter of warning, letter of suspension, or discharge. Supervisory notes (electronic or paper) and/or observations are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersnot considered discipline. Section 2. Employees No bargaining unit employee who has successfully completed their probationary period shall be required to observe disciplined or discharged without due process and comply with all current and future rules and regulations just cause. Due process requires that an employee is informed in writing of the Sheriff’s Office except those that are in conflict reason(s) for any disciplinary action and is provided with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided an opportunity to respond to the PBA at least ten (10) days prior action or explain the questioned behavior or actions. No employee serving a probationary period may file a grievance pertaining to implementationdiscipline or discharge. Section 3. Employees may respond both orally and in writing to any disciplinary action by the employer. Section 4. Letters of caution, consultation, warning, admonishment, and reprimand shall be considered temporary contents of an employee's personnel file and shall be destroyed upon receipt of written request from the affected employee, no later than 23 months after they have been placed in the file, unless such items can be used in support of possible disciplinary action arising from more recent employee action or behavior patterns or are applicable to pending legal or quasi-legal proceedings. Section 5. In all cases of suspension or discharge of any bargaining unit employee, the union shall be notified of the action taken at the same time that the employee is notified. Section 6. An employee may request the presence of union representation during an investigatory interview that the employee reasonably believes will result in their being disciplined. Section 7. Employees may inspect and receive a copy of any material placed in their personnel file. Employees may be charged for the cost of processing and copying such materials. Section 8. A discharged employee upon request may receive copies of investigatory information compiled by management in support of such action. A copy fee may be charged to the employee. Section 9. No information reflecting critically upon an employee shall be placed in the official personnel file of the employee that does not bear either the signature or initials of the employee indicating that he/she has been shown the material or a statement by asupervisor that employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 10. An employee desiring that material which he/she feels is inaccurate and should be removed from their personnel file shall have the right to inspect their appeal it through the grievance procedure. Section 11. Material placed in the official personnel files in accordance with the provision file of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance without conformity with the provisions of General Order 6-1. Copies of Section 10 will not be used by the Employer in any material in a personnel file shall be made at subsequent evaluation or disciplinary proceeding involving the expense of the requestoremployee. Section 412. An employee shall The Union and the Employer agree that employees have the right of self- organization or non-organization, to insert form or not form, to join or not join, assist or resist any labor organization to bargain collectively through representatives of their own choosing on questions of wages, hours, fringe benefits, and other conditions of employment or to refrain there from, and to engage or refuse to engage in his personnel fileconcerted activities for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or Administrative Investigation file if applicable, a written and signed refutation of coercion from any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementUnion or the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. ‌ Both parties recognize that it is important to investigate allegations of misconduct to protect the Employer from claims of liability and to clear the good name of the employee. Both sides recognize that any investigation through a formal internal affairs investigation or informally by a supervisor is a very stressful process. Therefore, the Employer promises that these investigations will take place in the most professional manner as possible and that interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. The Association pledges it will urge employees to cooperate fully with any investigation to allegations of misconduct. In order to accomplish these goals, the parties have agreed to the following procedures: Section 1. Employees covered by this Agreement are also entitled Any employee who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against him or her will be afforded the following safeguards: The employee will be informed prior to the benefits and rights interview if the Employer believes the employee is a subject in the investigation. At least twenty-four (24) hours prior to any interview with the employee where the Employer may impose an economic sanction, such as suspension, salary reduction, demotion, or dismissal upon the employee as a result of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s fileunderlying incident, the employee will be provided written notice of the nature of the investigation and of facts reasonably sufficient to inform the employee of the circumstances surrounding the allegations under investigation known at the time and informed of and afforded the opportunity to consult with an Association representative. If after the complainant is interviewed regarding an action or inaction of an employee, and further investigation is deemed necessary, the employee shall be notified in accordance with writing of the provisions complaint as soon as is practical. The requirement will not apply where the employee is under investigation for violations of General Order 6-1the Controlled Substances Act, or violations which are punishable as felonies or misdemeanors under Oregon Law. Copies of any material in a personnel file Also the employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The employee shall be made at the expense of the requestor. Section 4. An employee shall have allowed the right to insert have an Association representative present during the interview. The opportunity to consult with the Association representative or to have the Association representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than a written reprimand may result) which may be handled immediately when a representative is not readily available. However, if in his personnel filethe course of the interview, it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to two (2) hours to obtain a representative to assist him or her in the interview. Interviews shall take place at Department facilities or worksites, or Administrative Investigation file elsewhere if applicablemutually agreed, a written and signed refutation of any material he considers unless an emergency exists which requires the interview to be negative or detrimentalconducted elsewhere. Telephone interviews may occur where mutually agreed. The refutation Agency shall make a reasonable good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. Where an employee is working on a graveyard shift, the interview can be reviewed by scheduled contiguously to the Human Resources Director employee’s shift so long as appropriate overtime or Inspections Bureau Commander, whichever is applicable, irregular hour’s payments are made. The employee will be required to ensure that it specifically addresses only the issue or issues contained in the material for answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which the refutation employee is being writtenentitled under the laws of the State of Oregon or the United States. Signed witness statements Investigatory interviews will be held in a professional and mutually respectful manner. During interviews Employees shall upon request be allowed a reasonable break to use the rest room facilities; and, following each successive period of three (3) hours of interview, employees shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.at least a ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. ‌ Both parties recognize that it is important to investigate allegations of misconduct to protect the Employer from claims of liability and to clear the good name of the employee. Both sides recognize that any investigation through a formal internal affairs investigation or informally by a supervisor is a very stressful process. Therefore, the Employer promises that these investigations will take place in the most professional manner as possible and that interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. The Association pledges it will urge employees to cooperate fully with any investigation to allegations of misconduct. In order to accomplish these goals, the parties have agreed to the following procedures: Section 1. Employees covered by this Agreement are also entitled Any employee who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against him or her will be afforded the following safeguards: The employee will be informed prior to the benefits and rights interview if the Employer believes the employee is a subject in the investigation. At least twenty-four (24) hours prior to any interview with the employee where the Employer may impose an economic sanction, such as suspension, salary reduction, demotion, or dismissal upon the employee as a result of the Pinellas County Sheriff’s Office General Orders (underlying incident, the employee will be provided written notice of the nature of the investigation and allegations and informed of and afforded the opportunity to include Bureau Standard Operating Procedures and Sheriff’s Orders)consult with an Association representative. If any conflict occurs between this Agreement after the complainant is interviewed regarding an action or inaction of an employee, and the Sheriff’s Office General Ordersfurther investigation is deemed necessary, the terms employee shall be notified in writing of the Agreement shall prevailcomplaint as soon as is practical. The Agreement requirement will not apply where the employee is under investigation for violations of the Controlled Substances Act, or violations which are punishable as felonies or misdemeanors under Oregon Law. Also the employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The employee shall be allowed the governing factor in all cases even though right to have an Association representative present during the benefits interview. The opportunity to consult with the Association representative or rights provided to have the Association representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than a written reprimand may result) which may be greater or lesser than provided for handled immediately when a representative is not readily available. However, if in the Sheriffcourse of the interview, it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to two (2) hours to obtain a representative to assist him or her in the interview. Interviews shall take place at Department facilities or worksites, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. Telephone interviews may occur where mutually agreed. The Agency shall make a reasonable good faith effort to conduct these interviews during the employee’s Office General Ordersregularly scheduled shift, except for emergencies. Where an employee is working on a graveyard shift, the interview can be scheduled contiguously to the employee’s shift so long as appropriate overtime or irregular hour’s payments are made. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which the employee is entitled under the laws of the State of Oregon or the United States. Investigatory interviews will be held in a professional and mutually respectful manner. During interviews Employees shall upon request be allowed a reasonable break to use the rest room facilities; and, following each successive period of three (3) hours of interview, employees shall be permitted at least a ten (10) minute rest break, during which employees shall remain in a designated area, and refrain from discussing the interview with any persons save the assigned interviewers. In the absence of recorded material from either the Employer or Association, the employee will be given a copy of any written statement or report describing the employee’s statements. In the event of a subsequent interview in the course of the same investigation, the written statement will be provided before the interview. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations If the Department, Association, or employee tape records of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminatedinterview, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf complete interview of the employee, noting all recess periods, shall be filed furnished upon request, to all parties. If the interviewed employee is subsequently charged and any part of the recording is transcribed by the Employer, the employee shall be given a complimentary copy thereof. All interviews shall be limited in accordance with scope to activities, circumstances, events, conduct or acts which pertain to the grievance procedure contained incident which is the subject of the investigation. Nothing in General Order 3-5this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. (A) The employee shall be notified of the outcome of the investigation within a timely manner after the investigation has been completed. (B) Except for conditions outlined in the subsection (C) of this section, unless modified by investigations involving an employee that may lead to a suspension without pay, pay reduction, demotion or dismissal will be completed no later than six (6) calendar months starting from the first interview date. However, the Employer may extend the investigation to a maximum of twelve (12) calendar months from the first interview date provided the Employer gives written notice to the Association and employee, explaining the reason for the extension. (C) The time limits provided in subsection (B) of this Agreement.section shall not apply when any one (1) of the following occurs:

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. ‌ Both parties recognize that it is important to investigate allegations of misconduct to protect the Employer from claims of liability and to clear the good name of the employee. Both sides recognize that any investigation through a formal internal affairs investigation or informally by a supervisor is a very stressful process. Therefore, the Employer promises that these investigations will take place in the most professional manner as possible and that interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. The Association pledges it will urge employees to cooperate fully with any investigation to allegations of misconduct. In order to accomplish these goals, the parties have agreed to the following procedures: Section 1. Employees covered by this Agreement are also entitled Any employee who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against him or her will be afforded the following safeguards: The employee will be informed prior to the benefits and rights interview if the Employer believes the employee is a subject in the investigation. At least twenty-four (24) hours prior to any interview with the employee where the Employer may impose an economic sanction, such as suspension, salary reduction, demotion, or dismissal upon the employee as a result of the Pinellas County Sheriff’s Office General Orders (underlying incident, the employee will be provided written notice of the nature of the investigation and allegations and informed of and afforded the opportunity to include Bureau Standard Operating Procedures and Sheriff’s Orders)consult with an Association representative. If any conflict occurs between this Agreement after the complainant is interviewed regarding an action or inaction of an employee, and the Sheriff’s Office General Ordersfurther investigation is deemed necessary, the terms employee shall be notified in writing of the Agreement shall prevailcomplaint as soon as is practical. The Agreement requirement will not apply where the employee is under investigation for violations of the Controlled Substances Act, or violations which are punishable as felonies or misdemeanors under Oregon Law. Also the employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The employee shall be allowed the governing factor in all cases even though right to have an Association representative present during the benefits interview. The opportunity to consult with the Association representative or rights provided to have the Association representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than a written reprimand may result) which may be greater or lesser than provided for handled immediately when a representative is not readily available. However, if in the Sheriffcourse of the interview, it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to two (2) hours to obtain a representative to assist him or her in the interview. Interviews shall take place at Department facilities or worksites, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. Telephone interviews may occur where mutually agreed. The Agency shall make a reasonable good faith effort to conduct these interviews during the employee’s Office General Ordersregularly scheduled shift, except for emergencies. Where an employee is working on a graveyard shift, the interview can be scheduled contiguously to the employee’s shift so long as appropriate overtime or irregular hour’s payments are made. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which the employee is entitled under the laws of the State of Oregon or the United States. Investigatory interviews will be held in a professional and mutually respectful manner. During interviews Employees shall upon request be allowed a reasonable break to use the rest room facilities; and, following each successive period of three (3) hours of interview, employees shall be permitted at least a ten (10) minute rest break, during which employees shall remain in a designated area, and refrain from discussing the interview with any persons save the assigned interviewers. Section 2. Employees If the Department, Association, or employee tape records of the interview, a copy of the complete interview of the employee, noting all recess periods, shall be required furnished upon request, to observe all parties. If the interviewed employee is subsequently charged and comply with all current and future rules and regulations any part of the Sheriff’s Office except those that are recording is transcribed by the Employer, the employee shall be given a complimentary copy thereof. All interviews shall be limited in conflict with this Agreement. Whenever a General Orderscope to activities, Bureau SOPcircumstances, events, conduct or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided acts which pertain to the PBA at least ten (10) days prior to implementationincident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. Section 3. Employees The employee shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestoroutcome of the investigation within a timely manner after the investigation has been completed. Section 4. An In the case of a pre-termination or pre-disciplinary (economic) due process hearing, the Employer shall provide the employee a fourteen (14)-day notice, except the fourteen (14)-day notice may be waived by mutual agreement between the Association President or the President’s designee and the Employer. Concurrent with the notification of the hearing, the Employer shall provide copies of all transcripts, tapes, files, and other materials on which the Employer is basing the discipline. Any confidentiality issues regarding this documentation shall be settled prior to the notification. The Association will make every effort to make one comprehensive request for any items it believes is necessary for purposes of representation. Section 5. The Employer agrees not to use non-verified or non-sustained charges against the employee nor place those matters in the employee's personnel file. Section 6. The employee shall have the right not be required to insert in his personnel file, take or Administrative Investigation file if applicable, be subjected to any lie detector device as a written and signed refutation condition of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementcontinued employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have 38.01 An employee has the right to inspect their the presence and advice of an OPBA Attorney at all disciplinary interrogations. 38.02 An employee who is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his constitutional rights before any investigation. 38.03 Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be advised that such refusal to answer questions or participate in such investigation will be the basis of such a charge. 38.04 Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the employee's shift, unless operational standards require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. If the Employer required that an interrogation be recorded, the employee shall be entitled to a copy of the tape. 38.05 An employee will be informed of the nature of any investigation prior to any questioning. If the employee being questioned is a witness and not under investigation, he shall be so advised of this fact. 38.06 An employee may add memoranda to the file clarifying any documents contained in the personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times file so long as said inspection does not interfere the entry is made within three (3) weeks from the time the document is placed in the file. All items in an employee's personnel file with or cause disruption regard to complaints and investigations will be clearly marked with respect to the provision final disposition. 38.07 In the course of efficient and effective service to an internal affairs investigation, a polygraph examination or voice stress test will be administered only if it can be used as corroborative evidence. If, in the public. Likewisecourse of an internal investigation, whenever another individual makes an employee has been given a public records request to review an employee’s filepolygraph examination or voice stress test, the such examination shall not be admissible in any subsequent criminal action. 38.08 An employee will be notified within 72 hours after the City has received a written or verbal complaint against such employee. If there is a written complaint the Employer will furnish a copy of such complaint to the employee. Complaints that are not in accordance with the provisions of General Order 6-1writing, that does result in 38.09 disciplinary action against an employee shall he put in writing and attested to by a responsible Department official. Copies of any material in a personnel file All unfounded complaints shall be made placed in closed administrative files. 38.10 Records of disciplinary action shall cease to have force and effect or be considered in future disciplinary matters and shall be removed from all files at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf request of the employee. according to the following timelines, twelve (12) months after their effective date for counseling and written reprimands, and twenty-four (24) months after their effective date for suspensions of three (3) days or less providing there is no intervening discipline during these time frames. Suspensions of four (4) days or more will not be filed considered in accordance with the grievance procedure contained in General Order 3future disciplinary actions after forty-5, unless modified by this Agreementeight (48) months proving there is no intervening disciplinary action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1A. When an allegation is made against a unit member, the Sheriff will make every effort to ensure the allegation and any statements regarding the allegation are reduced to writing and signed, and/or recorded. Employees covered by this Agreement are also entitled The written or recorded allegation shall be known as a complaint. B. When the subject unit member is a sworn corrections officer, the statement shall be taken under oath to a BCSO sworn supervisor, or assigned investigator. C. If the allegation is substantive and the complainant refuses to provide a sworn statement, the supervisor receiving the complaint will reduce the allegation to writing and forward it through the chain of command for a determination on a course of action. D. Should the complainant be truly anonymous, the supervisor receiving the complaint shall so attest to that fact in writing, prior to submitting the complaint. E. Should the allegation relate to an action that if sustained would result in an action less than formal discipline, the supervisor receiving the allegation shall reduce it to writing and forward it to the benefits and rights officer in charge (OIC) or the supervisor/manager of the Pinellas County Sheriff’s Office General Orders (unit member(s) against whom the allegation is made. The OIC or supervisor will determine what, if any, action is necessary. F. Anonymous allegations and allegations not made under oath shall not lead to include Bureau Standard Operating Procedures formal disciplinary action unless clear and Sheriff’s Orders)convincing evidence is developed as a result of an investigation of the allegations, in which the unit member(s) are afforded all existing rights under this Article. G. When a unit member is to be questioned or interviewed concerning a complaint or allegation, the unit member will be informed prior to the interview of the nature of the investigation and whether he is the subject of the investigation, or a witness of an investigation. H. When requested, a unit member shall be given reasonable time to contact, consult with, and secure the attendance of an Association Representative for the interview. If any conflict occurs between this Agreement and he is the Sheriff’s Office General Orderssubject of the investigation, the terms unit member or the unit member's representative will also be informed of each complaint or allegation against him and be permitted to review all written and/or recorded statements made by the complainant(s) and witnesses prior to providing an interview. The unit member who is the subject of the Agreement investigation shall prevail. The Agreement shall be not disclose the governing factor in all cases even though contents to anyone other than his representative and/or attorney until the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersinvestigation is complete. Section 2I. The subject unit member shall upon request, receive a copy of his written or recorded statement at no cost. Employees shall No recorded statement will be required to observe and comply with made without the knowledge of all current and future rules and regulations participants present during an interview. J. Upon the conclusion of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s fileinvestigation, the employee will unit member who is the subject of an internal investigation shall be notified in accordance with writing of the provisions disposition of General Order 6-1the case. Copies If the investigation is not completed within seventy (70) days of any material in notice to a personnel file unit member that they are the subject of an investigation, and to the extent possible, the unit member shall be made at notified as to the expense status of the requestorinvestigation, and informed when the investigation should be completed. It is understood that any estimated completion date may continue to be extended based on the facts and circumstances of the investigation. Section 4. An employee shall have K. In cases where the right Sheriff determines that: (1) the unit member's absence from the work location is essential to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) onlyinvestigation; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.and

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by A. Nothing contained within this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits construed to deny or restrict to any employee rights provided he/she may have under any applicable law or regulation, including, but not Section B. Normally, disciplinary action will be greater or lesser than provided for handled in the Sheriff’s Office General Ordersfollowing order: (a) Verbal warning (b) Written warning (c) Suspension (d) Discharge Discipline shall be reasonably related to the nature of any proven offense. The Employer may determine advanced disciplinary action to be immediately necessary with just cause. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees C. A bargaining unit member shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient request and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made entitled to have another bargaining unit member present with that member at a meeting expected to result in disciplinary action. The Employer shall advise the expense of the requestorbargaining unit member if disciplinary action is likely to occur. Section 4. D. An employee shall have the right to insert review the contents of his/her personnel file in his the presence of an administrator or the administrator's designee upon reasonable notice in advance and within a reasonable amount of time. The employee may have a representative of the Union accompany him/her in such review. Employees covered by the agreement shall be given a copy of any written report, letter, memorandum, evaluation or written complaint relating to the employee's job performance, which is placed in the employee's personnel file, . No anonymous complaints shall be placed in the employee's file. The employee may comment or Administrative Investigation file if applicable, a written and signed refutation rebut the contents of any material he considers in his/her personnel file. Said comments shall be attached thereto and placed in the employee's file. There shall be no obligation on the part of the Employer to respond to the employee's comments and if no response is made, it shall not be deemed or construed to be negative an acceptance of or detrimental. The refutation shall be reviewed by agreement with the Human Resources Director or Inspections Bureau Commanderemployee's comments, whichever is applicableprovided, to ensure that it specifically addresses only however, the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf employer will acknowledge receipt of the employee, 's comments in writing by signing and dating a copy provided by the employee. The employee shall sign a statement attesting only that the employee has been given any such report referred to above. The employee's signature shall not be filed in accordance interpreted to mean agreement with the grievance contents of the report. If the employee refuses to sign such statement, that refusal shall be noted on the statement. Any such report and the statement relating to the refusal shall be placed in the employee's file. Section E. The Board evaluation procedure contained will be utilized to assess employee work performance. The Employer will provide orientation for all staff involved in General Order 3-5, unless modified by this Agreementthe evaluation of the bargaining members.

Appears in 1 contract

Samples: Employment Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by A. Nothing contained within this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be construed to deny or restrict to any employee rights he/she may have under any applicable law or regulation, including, but not limited to, the governing factor right to organize, join and support the Association for the purpose of engaging in all cases even though collective negotiations, or refrain therefrom, or the benefits or processing of grievances and other rights provided may under RSA 273-A. Section B. Normally, disciplinary action will be greater or lesser than provided for handled in the Sheriff’s Office General Ordersfollowing order: (a) Verbal warning (b) Written warning (c) Suspension (d) Discharge Discipline shall be reasonably related to the nature of any proven offense. The Employer may determine advanced disciplinary action to be immediately necessary with just cause. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees C. A bargaining unit member shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient request and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made entitled to have another bargaining unit member present with that member at a meeting expected to result in disciplinary action. The Employer shall advise the expense of the requestorbargaining unit member if disciplinary action is likely to occur. Section 4. D. An employee shall have the right to insert review the contents of his/her personnel file in his the presence of an administrator or the administrator's designee upon reasonable notice in advance and within a reasonable amount of time. The employee may have a representative of the Union accompany him/her in such review. Employees covered by the agreement shall be given a copy of any written report, letter, memorandum, evaluation or written complaint relating to the employee's job performance, which is placed in the employee's personnel file, . No anonymous complaints shall be placed in the employee's file. The employee may comment or Administrative Investigation file if applicable, a written and signed refutation rebut the contents of any material he considers in his/her personnel file. Said comments shall be attached thereto and placed in the employee's file. There shall be no obligation on the part of the Employer to respond to the employee's comments and if no response is made, it shall not be deemed or construed to be negative an acceptance of or detrimental. The refutation shall be reviewed by agreement with the Human Resources Director or Inspections Bureau Commanderemployee's comments, whichever is applicableprovided, to ensure that it specifically addresses only however, the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf employer will acknowledge receipt of the employee, 's comments in writing by signing and dating a copy provided by the employee. The employee shall sign a statement attesting only that the employee has been given any such report referred to above. The employee's signature shall not be filed interpreted to Section E. The Board evaluation procedure will be utilized to assess employee work performance. The Employer will provide orientation for all staff involved in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementevaluation of the bargaining members.

Appears in 1 contract

Samples: Employment Agreement

EMPLOYEE RIGHTS. Section A. Personnel Files 1. This Article shall supersede Chapter 1347 of the Ohio Revised Code and any other contrary provisions of law. 2. An official confidential personnel file for each Employee shall be maintained in the Board office. This provision does not preclude a principal from maintaining personal notes or records relevant to an Employee; however, it is mutually understood and agreed that no discipline of an Employee may be influenced by such Employee's prior discipline of record unless such prior discipline appears in the Employee's official personnel file. 3. Employees covered by this Agreement are also and/or their authorized representatives shall have access to their personnel files upon reasonable request. Personnel files shall be reviewed in the presence of an appropriate administrator. At the time of such review, the Employee shall be entitled to copies of any materials in his/her file at his/her expense. 4. Except as may otherwise be required by law, access to Employee's personnel file shall be limited to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General OrdersBoard, the terms Superintendent, the Treasurer, the building principal(s), other administrators who are or may be directly supervising that Employee, central office Administrators and Board counsel. 5. An Employee may attach a written statement of the Agreement shall prevailreply to any item placed in his/her file. The Agreement All material to be placed in an Employee's personnel file shall be signed by the governing factor in all cases even though employee and dated with the benefits or rights provided may be greater or lesser than provided for date of origination or, if the material has no date of origination, the date of placement in the Sheriff’s Office General Ordersfile, and, if applicable, shall include the name(s) of those who are the source of any material. Section 26. Employees A copy of any material evaluative of an Employee shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten Employee who shall sign it to acknowledge receipt. Such signature does not indicate the Employee's agreement with the content of the document. One (101) days prior to implementationsigned copy of the document shall be placed in the Employee's file. Section 37. Employees shall have If an Employee disputes the right to inspect their personnel files accuracy, relevance, timeliness or completeness of material in accordance his/her file, he/she may file a written complaint with the provision Superintendent who shall conduct an investigation. The complaint shall specify the reasons why the Employee believes the material lacks one (1) or more of General Order 6-these qualities. If the Superintendent determines the material lacks one (1) or more of these qualities, it shall be modified or removed from the Employee's file. 8. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material Material in a personnel file shall may also be made at the expense removed upon written mutual agreement of the requestorEmployee and the administrator who made the entry or the Director of Human Resources. Section 49. An employee shall have If the right Employee elects to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation submit the dispute to Step Four of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained after receiving the Superintendent's decision, the arbitrator may not order material removed from the Employee's personnel file unless the Employee demonstrates that the material is factually inaccurate, irrelevant, untimely or incomplete. No grievance or aspect of any grievance that concerns an Administrator's exercise of his/her professional judgment in General Order 3-5matters such as evaluation and observation may be taken to Step Four. Moreover, unless modified by this Agreementan arbitrator is specifically prohibited from substituting his/her judgment for that of an administrator in matters of professional judgment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled A. All contacts, verbal or written, be it disciplinary or any other, between a member and a superior officer, shall be conducted in a calm, professional manner. X. During the course of an investigation of member misconduct where discipline is likely to result to the benefits and rights affected member, the member may request the presence of a union representative during the investigating interview, provided the representative is reasonably available. C. The member being interviewed shall be informed verbally of the Pinellas County Sheriff’s Office General Orders (nature of the investigation before the interview commences. The member shall be permitted to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and take notes of the Sheriff’s Office General Ordersinterview. D. When a member is being interviewed, where discipline may result, the terms member shall answer truthfully and completely all questions concerning the investigation posed to him by the interviewing officer. A member who refuses to answer such questions shall be informed that his refusal to answer constitutes insubordination and can be a basis for disciplinary action. X. The City agrees not to suspend without pay, demote or discharge a member without first offering the member the opportunity to provide an explanation of the Agreement shall prevailcircumstances surrounding the charge brought against him, to the Chief of the Division of Police. The Agreement member may have an FOP representative, and his attorney, present during the meeting provided the individuals selected are reasonably available. Meetings, where practical, shall be conducted at hours reasonably related to the governing factor in all cases even though member's shift, preferably during the benefits or rights provided may be greater or lesser than provided for in the Sheriffmember’s Office General Ordersworking hours. Section 2. Employees F. Written notice of the charge(s) against a member, and a description of the nature of the evidence upon which the charge(s) is based shall be required to observe and comply with all current and future rules and regulations given the member in advance of the Sheriff’s Office except those that are meeting described above. G. All entries in conflict with this Agreement. Whenever a General Order, Bureau SOP, personnel files relating to disciplinary action or Sheriff’s Order is created, modified, or eliminated, a draft of same will performance shall be provided to the PBA member by copy and such member is entitled to place a letter of explanation or rebuttal to be attached to any such entry so long as said explanation or rebuttal does not exceed 300 words in length and is submitted within 7 working days of the date the member is provided with the entry. X. A member shall be provided a copy of his/her personnel file, upon request, if such member has been disciplined or is eligible for retirement. A copy of a member's file shall be provided to them at least ten no cost, no more than one time in any three year period. I. A committee of no more than three (103) members of the bargaining unit will meet with representatives of management from time to time for the purpose of discussing subjects of mutual concern. Meetings may be requested not more than once every ninety (90) days, except upon agreement by both parties. There shall be no obligation upon the City or the Union to renegotiate working conditions, pay or any other policy or practice which may be the subject of such discussions. Meetings shall be limited to two hour's duration. The party requesting the meeting shall submit a proposed agenda in writing five (5) days prior to implementationthe scheduled meeting. Those items not considered during the Labor Management Meeting may be resubmitted in writing for agendas of subsequent meetings. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered ‌ 8.1 All reports and forms required by this Agreement are also entitled the Board to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement be completed shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderscompleted on paid time. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees 8.2 Each employee shall have the right to inspect their personnel files his/her permanent file(s). Such examination shall be done during normal business hours pursuant to an appointment made for such purposes, provided that the appropriate administrator may waive the need for an appointment. A representative of his/her choice may accompany the employee, and a representative of the Board shall also be present during such review. The employee shall not permanently remove any item from his/her file but shall be allowed copies of such at cost. A. When any complaint, reprimand, or other such evaluative material is added, deleted or changed in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filepermanent file(s), a copy of the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file same shall be made at available to the expense employee, who shall acknowledge receipt of the requestorsame. If any employee is required to sign any such material within his/her file, such signature shall designate receipt only and not agreement. Section 41. An employee If the Board chooses not to investigate a complaint, no copy or record shall be placed in the employee’s professional or department file. Uninvestigated complaints shall not be used as a basis for any reprimand, other disciplinary action, or evaluation. 2. It is the employee’s responsibility to notify the District Professional Office when their address, phone number, emergency contact person or education changes. B. All employees shall have the right to insert comment, responsively, without censorship, on all such evaluative material and said comments shall be included in his personnel filetheir official records. Any such response must be submitted within thirty (30) workdays after such material is provided to the employee. Such response shall be attached to file copies of such evaluative material to which the response is directed. Material shall be released outside of the Board as required by law and as the interests of the Board and/or the employee clearly require. If released, the employee shall be advised of the same to the extent permitted by law. C. Supervisors will notify employees that they are entitled to have present a representative when being officially reprimanded or disciplined. No reprimand or discipline shall be discussed by the administrator(s) or representative involved in the presence of students, parents, or Administrative Investigation file if applicable, a written and signed refutation employees not involved in the events giving rise to such reprimand or discipline. Provided this shall not preclude such discussion as is necessary to establish the facts and/or process such reprimand or discipline to the School Board. The employee shall have 48 hours’ notice of any material he considers such meeting. 8.3 Classified employees shall be afforded the following: A. An employee required by the Board to provide his/her personal transportation shall be negative or detrimentalreimbursed by the Board at no less than the rate allowed by law. Such requirement shall not include routine travel to and from the employee’s home and the worksite to which assigned. B. Non-instructional staff shall be admitted without charge to school functions subject to the following conditions: 1. The refutation non-instructional staff presents proper identification for admittance. 2. Non-instructional staff shall be reviewed designate two schools’ athletic events in which to receive free admission. The District will issue these employees a pass each August. 3. Activities that are not controlled by the Human Resources Director or Inspections Bureau Commander, whichever District are not subject to this provision. 8.4 If any employee is applicable, to ensure that it specifically addresses only the issue or issues contained sued in the material for which the refutation is being written. Signed witness statements shall be permitted a tort action as a result of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued any action taken by the employee or PBA on behalf in the proper exercise of his/her responsibilities, the Board will provide for the defense thereof. 8.5 Tentative work schedules shall be sent to employees two (2) weeks prior to the start of the employee, be filed in accordance with next school year and one (1) week prior to the grievance procedure contained in General Order 3-5, unless modified by this Agreement.beginning of the 2

Appears in 1 contract

Samples: Master Contract

EMPLOYEE RIGHTS. Section 1. Employees covered 8.1 All reports and forms required by this Agreement are also entitled the Board to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement be completed shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orderscompleted on paid time. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees 8.2 Each employee shall have the right to inspect their personnel files his/her permanent file(s). Such examination shall be done during normal business hours pursuant to an appointment made for such purposes, provided that the appropriate administrator may waive the need for an appointment. A representative of his/her choice may accompany the employee, and a representative of the Board shall also be present during such review. The employee shall not permanently remove any item from his/her file, but shall be allowed copies of such at cost. A. When any complaint, reprimand, or other such evaluative material is added, deleted or changed in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filepermanent file(s), a copy of the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file same shall be made at available to the expense employee, who shall acknowledge receipt of the requestorsame. If any employee is required to sign any such material within his/her file, such signature shall designate receipt only and not agreement. Section 41. An employee If the Board chooses not to investigate a complaint, no copy or record shall be placed in the employee’s professional or department file. Uninvestigated complaints shall not be used as a basis for any reprimand, other disciplinary action, or evaluation. 2. It is the employee’s responsibility to notify the District Professional Office when their address, phone number, emergency contact person or education changes. B. All employees shall have the right to insert comment, responsively, without censorship, on all such evaluative material and said comments shall be included in his personnel filetheir official records. Any such response must be submitted within thirty (30) workdays after such material is provided to the employee. Such response shall be attached to file copies of such evaluative material to which the response is directed. Material shall be released outside of the Board as required by law and as the interests of the Board and/or the employee clearly require. If released, the employee shall be advised of the same to the extent permitted by law. C. Supervisors will notify employees that they are entitled to have present a representative when being officially reprimanded or disciplined. No reprimand or discipline shall be discussed by the administrator(s) or representative involved in the presence of students, parents, or Administrative Investigation file if applicable, a written and signed refutation employees not involved in the events giving rise to such reprimand or discipline. Provided this shall not preclude such discussion as is necessary to establish the facts and/or process such reprimand or discipline to the School Board. The employee shall have 48 hours’ notice of any material he considers such meeting. 8.3 Classified employees shall be afforded the following: A. An employee required by the Board to provide his/her personal transportation shall be negative or detrimentalreimbursed by the Board at no less than the rate allowed by law. Such requirement shall not include routine travel to and from the employee’s home and the worksite to which assigned. B. Non-instructional staff shall be admitted without charge to school functions subject to the following conditions: 1. The refutation non-instructional staff presents proper identification for admittance. 2. Non-instructional staff shall be reviewed designate two schools’ athletic events in which to receive free admission. The District will issue these employees a pass each August. 3. Activities that are not controlled by the Human Resources Director or Inspections Bureau Commander, whichever District are not subject to this provision. 8.4 If any employee is applicable, to ensure that it specifically addresses only the issue or issues contained sued in the material for which the refutation is being written. Signed witness statements shall be permitted a tort action as a result of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued any action taken by the employee or PBA on behalf in the proper exercise of his/her responsibilities, the Board will provide for the defense thereof. 8.5 Tentative work schedules shall be sent to employees two (2) weeks prior to the start of the employee, be filed in accordance with next school year and one (1) week prior to the grievance procedure contained in General Order 3-5, unless modified by this Agreement.beginning of the 2

Appears in 1 contract

Samples: Master Contract

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have 38.01 An employee has the right to inspect their the presence and advice of an OPBA Attorney at all disciplinary interrogations. 38.02 An employee who is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his constitutional rights before any investigation. 38.03 Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be advised that such refusal to answer questions or participate in such investigation will be the basis of such a charge. 38.04 Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the employee's shift, unless operational standards require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. If the Employer required that an interrogation be recorded, the employee shall be entitled to a copy of the tape. 38.05 An employee will be informed of the nature of any investigation prior to any questioning. If the employee being questioned is a witness and not under investigation. he shall be so advised of this fact. 38.06 An employee may add memoranda to the file clarifying any documents contained in the personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times file so long as said inspection does not interfere the entry is made within three (3) weeks from the time the document is placed in the file. All items in an employee's personnel file with or cause disruption regard to complaints and investigations will be clearly marked with respect to the provision final disposition. 38.07 In the course of efficient and effective service to an internal affairs investigation, a polygraph examination or voice stress test will be administered only if it can be used as corroborative evidence. If, in the public. Likewisecourse of an internal investigation, whenever another individual makes an employee has been given a public records request to review an employee’s filepolygraph examination or voice stress test, the such examination shall not be admissible in any subsequent criminal action. 38.08 An employee will be notified within 72 hours after the City has received a written or verbal complaint against such employee. If there is a written complaint the 38.09 Records of disciplinary action shall cease to have force and effect or be considered in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file future disciplinary matters and shall be made removed from all files at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf request of the employee, according to the following timelines, twelve (12) months after their effective date for counseling and written reprimands. and twenty-four (24) months after their effective date for suspensions of three (3) days or less providing there is no intervening discipline during these time frames. Suspensions of four (4) days or more will not be filed considered in accordance with the grievance procedure contained in General Order 3future disciplinary actions after forty-5, unless modified by this Agreementeight (48) months proving there is no intervening disciplinary action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 17.1 No material related to an employee's conduct, or service, character or personality shall be placed in his/her personnel file unless justified and it is signed by the person submitting the information. Employees covered The employee shall be given the opportunity to acknowledge that he/she has read such material by this Agreement are also entitled affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. No such material shall be used in a hearing against an employee unless opportunity for such a review has been afforded. An employee's refusal to sign will be noted by an administrator and a witness. Any material related to an employee's conduct or service, shall not be placed in his/her personnel file unless the following statement is added to the benefits and rights material before the employee signs: "The signature of the Pinellas County Sheriff’s Office General Orders (employee does not imply that the employee is agreeing to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms contents of the Agreement shall prevail. material, but that he/she has read the material." The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of answer any material he considers filed and his/her answer shall be attached to the file copy. An employee shall be permitted, by appointment, to examine his/her personnel file except for employment references. There shall be no separate personnel files that are not open for inspection by the employee. An employee's personnel file shall be open to inspection only by those persons whose official or legal responsibilities require such inspection. 7.2 Disciplinary action or measures shall consist of: verbal warning, written warning, written reprimand, suspension and termination. Where possible, progressive discipline is to be negative utilized; however, where the offense is deemed to be of gross enough nature, the preceding steps may be waived and the employee may be terminated. No disciplinary action shall be taken except for just cause. No permanent employee shall be subjected to suspension or detrimentaltermination without being informed of the reason(s) and afforded an opportunity to give an oral response. Such employee who has been subjected to any disciplinary action or measure by the Superintendent or designee shall have, at a minimum, the right to file an appeal to the Board under Section 4-205(c) of the Annotated Code of Maryland if filed within thirty (30) days after the suspension or termination decision is rendered. Employees accused of misconduct in office, following the Administration’s initial investigation of a reported incident, have the right to request that an Association representative and/or legal counsel be present at any subsequent meeting with the Administration that he/she has been advised will result in a suspension or discharge. If an employee exercises his/her right for representation at this step, the employee bears the sole responsibility of notifying the Association representative and/or legal counsel. Following the completion of an investigation and prior to any disciplinary meeting, CCPS will provide the employee with the nature of allegations against the employee as permitted by law. The refutation Association representative and/or legal counsel will make himself/herself available to meet within two duty days from the time the employee was advised of the need to meet for the above reasons. In the event the Association representative and/or legal counsel fails to appear at the scheduled date and time, the meeting shall be reviewed proceed without him/her. It is expressly understood and agreed that this provision is not intended to and does not apply to any or all meetings between employee and supervisory or administrative staff which are related to or are part of the evaluation of employee competence or any other investigation or consideration by the Human Resources Director or Inspections Bureau Commander, whichever administration of employee competence. It is applicable, further expressly agreed and understood that this provision is also not intended to ensure that it specifically addresses only apply to situations involving aggravated employee misconduct where the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge best interests of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf school system require immediate paid suspension/administrative leave of the employee. The employee involved in immediate paid suspension/administrative leave has the right to request that an Association representative and/or legal counsel be present in all subsequent meetings regarding the immediate paid suspension/administrative leave. The employee will be provided written notice of the nature of the allegations resulting in their immediate paid suspension/administrative leave no later than the next available work day following their removal. 7.3 Following receipt of a written reprimand for misconduct, an employee may request a meeting with his/her administrator and/or supervisor and Association representative and/or legal counsel the purpose of which is to clarify the expectations for change pursuant to the written reprimand. 7.4 On or before July 15, representatives from CAESS and CCPS will meet to plan up to seven (7) hours of professional development opportunities for employees for the upcoming school year. Such professional development opportunities will be filed in accordance planned collaboratively and include topics of interest from both parties. A bus assistant or food service worker who, with preapproval by his/her immediate supervisor, completes professional development under this item beyond their contractual days will be paid at their regular hourly rate and must submit timesheets accordingly. 7.5 CCPS shall give each employee a copy of his/her job description upon their employment, and the employee and CAESS will be notified by email of the updated job description and all current job descriptions will be posted and maintained on the Calvertnet website. 7.6 There shall be an opportunity to have at least one (1) CAESS member on every school improvement team. In any building site where a site-based decision committee exists, there shall be an opportunity to have at least one (1) CAESS member on the committee. 7.7 No employee shall be required to handle any object suspected of being a bomb or similar device. Employees shall not be used to search for a suspected bomb or similar device. 7.8 Employees new to their position shall be given training/orientation as it applies to their specific job throughout their probationary period. 7.9 The online system-required compliance training will be available by August 1. Employees who do not complete the system-required online compliance training prior to the end of the scheduled preservice meetings will be required to complete the training prior to the first student day. Employees who complete the training outside the scheduled preservice work days will be credited three (3) hours to be used during one of the preservice work days as designated by the immediate supervisor. 7.10 In the event it is found that an employee is incorrectly assigned to a scale and/or step, the employee will be held harmless from any overpayment that may have occurred, the employee’s placement on step and/or scale will be adjusted accordingly, and the employee’s future pays will be based on the correct scale and/or step. Any employee whose compensation is currently frozen due to past practice for correcting scale and/or step placement errors will be governed by the placement at the time the error was discovered. 7.11 CCPS and the Association shall comply with the grievance procedure contained provisions of the Public School Laws of Maryland, which renders unlawful discrimination with regard to race, color, religion, sex, age, ancestry or national origin, familial status, marital status, physical or mental disability, sexual orientation, gender identity and expression, or genetic information. 7.12 A witness shall be present whenever an employee is required to diaper a student except in General Order 3-5emergency situations. 7.13 Xxxxxxx County Public Schools will take reasonable steps to provide a safe working environment and shall collaborate with CAESS in an effort to address safety concerns that are brought to its attention. 7.14 Whenever possible, unless modified instructional assistant, building services worker, food service worker, and secretary positions vacant for more than four (4) weeks shall be filled by this Agreementa substitute until a qualified candidate has been obtained, hired, and placed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled During the course of an investigation of employee misconduct where discipline may result, an employee may request the presence of a Union representative and/or another unit employee to be present during the investigating interview. 2. The employee being interviewed shall be informed verbally of the nature of the investigation before the interview commences. 3. Copies of all reprimands, disciplinary actions will be given to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersaffected employee. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10a) days prior to implementation. Section 3. Employees shall have the right to Each employee may inspect their personnel files file maintained by the Employer in accordance with the provision presence of General Order 6a management representative designated by the Chief of Police, during the employee's non-1working hours, at a reasonable time, and shall, upon request, receive a copy of any or all documents contained therein, provided the employee pays any reasonable charge for the copies. An employee shall be entitled to have a representative of his/her choice to accompany him/her during such review. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision representative of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will shall not be notified in accordance with compensated by the provisions of General Order 6-1City. Copies of any material in a An employee's personnel file shall be made at available for review and/or copying to the expense employee when the employee is preparing for a grievance or disciplinary hearings. In responding to requests for Employees’ personnel files the City shall comply with Federal and State law. (b) The employee is entitled to place a letter of rebuttal or explanation to be attached to any such entry relating to disciplinary action or performance so long as said explanation or rebuttal does not exceed 200 words in length and is submitted within 7 working days of the requestordate the employee is provided with the entry. Section 4(c) Written reprimands may be kept in an employee's personnel file for 2 years. An After 2 years, if no further similar disciplinary action has been taken against the employee the written reprimand shall have be expunged from his/her file. 5. Preliminary investigations and disciplinary hearings shall be held either during the right to insert in his personnel fileemployee's scheduled working hours, or Administrative Investigation file if applicable, at a time in reasonable proximity to his/her shift. 6. All contacts verbal or written be it disciplinary or any other between an employee and signed refutation of any material he considers to be negative or detrimental. The refutation a superior shall be reviewed by conducted in a calm and professional manner. 7. If the Human Resources Director Employer chooses to tape record a preliminary investigation or Inspections Bureau Commanderdisciplinary hearing, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee will, upon request be provided a copy of said tape recording. If an Employee wishes to tape record a preliminary investigation or PBA on behalf disciplinary hearing, upon the request of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementCity will tape record such preliminary investigation or disciplinary hearing and provide a copy of the tape to the employee. 8. The employee may take notes of any proceeding.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by No bargaining unit member will be disciplined without due process or just cause. 2. For the purposes of this Agreement are also entitled Agreement, due process will be defined as: a. Forewarning or foreknowledge is given of the possible or probable disciplinary consequences of the employee's conduct, except for conduct that the employee should have reasonably known could result in discipline; b. Notice of the charge or reasons for contemplated action; c. Notice of the nature of the contemplated action (notice of sanction); d. A meeting with the supervisor prior to action being taken on the proposed sanction in which the employee presents a response to the benefits and rights charge(s); e. The right of representation upon request for the employee during part or all of this process; f. An investigation of the Pinellas County Sheriff’s Office General Orders (charges before any discipline is administered in which the District will seek out relevant witnesses and evidence; 3. All classified employees will be formally evaluated by their immediate supervisor at least once during their first year of employment and every other year thereafter. During any meeting established to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersdiscuss an evaluation, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same employees will be provided to with copies of any evaluation form or written documentation used by the PBA at least ten (10) days prior to implementationevaluator. Section 34. Employees shall have Any classified employee who is given less than a satisfactory rating on their evaluation will be given an opportunity to discuss the right to inspect matter with their personnel files in accordance supervisor and/or the Superintendent. 5. The supervisor will work with the provision of General Order employee to help the employee improve their performance. 6. After being given time to improve, the employee shall be re-1evaluated. 7. Said inspection shall occur at reasonable times so long as said inspection does If, after being given time to improve, the supervisor and/or Superintendent feel the employee has not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s fileshown satisfactory improvement, the employee will be notified in accordance with in 8. Any classified employee who believes their due process or just cause rights have been violated, may request a hearing before the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at Board about the expense matter of the requestordismissal. Section 49. An employee shall have the right This article does not apply to insert new employees who are serving their six (6) Month probationary period, as described in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-Article 5, unless modified by this Agreementparagraph 2d.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement 6.1 The Federation and the Institute agree that all employees in the bargaining unit are also entitled to the benefits and rights all of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures rights and Sheriff’s Orders)privileges delineated in this Agreement. If any conflict occurs between There shall be no rights implied beyond the specific terms of this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement Federation shall be the governing factor in all cases even though exclusive representative for the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersrepresentation of these rights. Section 2. 6.2 Employees shall be required to observe and comply with all current and future rules and regulations of reprimanded, suspended without pay, terminated or demoted only for just cause. Any employee who believes that the Sheriff’s Office except those that are employee has been suspended without pay, terminated or demoted without just cause may file a grievance in conflict accordance with this Agreement. Whenever Agreement except as provided herein. 6.2.1 In cases of employee termination, the Institute shall provide the employee with a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft written notice of same will be provided to the PBA at least ten termination as soon as possible but no later than three (103) days prior to implementationthe effective date of the termination. The notice shall include the reason (s) for the termination. An employee who receives a written reprimand is allowed to have a meeting to review such reprimand with the level of supervision immediately above the level of supervision that issued the reprimand. Section 3. Employees 6.2.2 For the purposes of this Article, the following definitions shall have the right apply: 6.2.2.1 ‘Just Cause’ shall mean a reason that is rationally related to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s filecompetence or turpitude or the proper performance of the employee’s duties and that is not in violation of the employee’s civil or constitutional rights. 6.2.2.2 ‘Termination’ shall mean any adverse employment action by the Institute that results in an involuntary severance of an employee’s employment status with the Institute. 6.3 Prior to the implementation of discipline other than verbal warning, the employee will be notified in accordance with advised of the provisions of General Order 6-1charges against the employee and given an opportunity to respond. Copies of any material in The pre- disciplinary meeting will be conducted no sooner than three (3) working days after the employee has received the written charges. Upon request the employee will be allowed to be accompanied by a personnel file shall be made Federation representative at the expense of the requestorpre-disciplinary meeting. Section 4. An employee shall have 6.4 The parties may exchange information or documents they believe will help resolve the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimentalissue(s). The refutation shall be reviewed by Institute will furnish the Human Resources Director or Inspections Bureau CommanderFederation, whichever is applicableupon written request, to ensure that it specifically addresses only the issue or issues information/material contained in the material for which employee’s official personnel file. This does not apply to written statements of employees, citizens or others. 6.5 If the refutation is being written. Signed witness statements Institute removes an employee from work pending an investigation, that employee shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA placed on behalf of the employee, be filed in accordance administrative leave with the grievance procedure contained in General Order 3-5, unless modified by this Agreementpay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. 9.1 Access to Personnel Files Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees former employees shall have the right to inspect all contents of their permanent District personnel files, which shall consist of general personnel information, payroll, medical and confidential files, and such files in accordance with be kept within the provision District Personnel Office. Employees shall also have the right to inspect the contents of General Order 6-1employment references leaving the District. Said inspection Upon request, a copy of any documents contained therein shall occur at reasonable times so long as said inspection does not interfere with or cause disruption be given to the provision employee, and the superintendent or official designee shall sign an inventory sheet verifying contents of efficient and effective service to the publicpersonnel file. LikewiseNo secret, whenever another individual makes duplicate, alternate, electronic, or other personnel file which would constitute a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a second permanent personnel file shall be made at kept in the expense District. A separate file for processed grievances or investigations shall be kept apart from the employee’s permanent personnel file. Any material not shown to and signed by the employee, or countersigned by a witness, within ten (10) working days after receipt of composition shall not be allowed as evidence in any disciplinary action against such employee. No evaluation, correspondence, or other material making reference to an employee’s competence, character, or manner shall be placed in the requestor. Section 4permanent personnel file without the employee’s knowledge. An employee shall have the right to insert refute in his personnel filewriting any materials which may be judged by him/her to be derogatory to his/her conduct, service, character, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimentalpersonality. The refutation written response shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf made part of the employee’s personnel file. Derogatory statements from lay persons or organizations shall not be included in the permanent file unless, within ten (10) days of receipt, the statements have been shown to the employee, discussed with him/her, and considered valid by the administrator. Both the administrator and the employee must sign the document to indicate this viewing and discussion has taken place. This Agreement does not restrict the supervisor of an employee from keeping anecdotal records and supportive data for the process of annual evaluation. In such cases where the supportive data may be filed used in accordance with any disciplinary action, the grievance procedure contained individual will be notified within ten (10) working days of receipt or composition of said data. An employee may request the removal of derogatory material, as identified by the employee, included in General Order 3-5, unless modified by this Agreementthe employee’s file for more than two (2) years from the date of entry.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also ) An employee is entitled to request that a single Association Representative be permitted to attend all formal interviews where the benefits and rights City’s representative intends to gain information from the employee being interviewed that may result in disciplinary action against the employee. The employee shall be informed of the Pinellas County Sheriffnature of the interview, the alleged conduct being investigated, and if requested by the employee, given a reasonable period of time prior to the interview to contact an available Association Representative, provided that the interview is not reasonably delayed. 2) No disciplinary action which results in loss of pay shall be taken against an employee unless he/she is notified of the action and the reason(s) for such recommended action given in writing prior to the action. Notice in writing shall be given to the employee as soon as practicable but no more than seventy-five (75) days after the date when the City is made aware of the alleged incident giving rise to the action, along with a copy provided to the Association. A thirty (30) day extension will be granted by the union at the request of the City due to extenuating circumstances. 3) Management will adhere to progressive discipline where appropriate. 4) Written “verbal warnings” shall not be kept in an employee’s Office General Orders personnel file maintained in Human Resources unless it is a document supporting formal disciplinary action (to include Bureau Standard Operating Procedures and Sheriff’s Ordersi.e. suspension/termination). If any conflict occurs between an employee receives two (2) or more written verbal warnings for a similar action and/or behavior during the time period being assessed for the employee’s Annual Performance Evaluation, the written verbal warning shall be used in that particular employee’s Performance Evaluation. 5) No employee shall be retaliated against or threatened with retaliation by reason of the employee to exercise their rights set forth in this Agreement Agreement. 6) The City and the Sheriff’s Office General Orders, Association agree not to interfere with the terms rights of an employee to become or not become a member of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General OrdersAssociation. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order7) Upon reasonable request, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation the presence of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicableappropriate representative of the City, to ensure that it specifically addresses only the issue review and copy all or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf a portion of the employee, be filed ’s official records which are a part of the employee’s personnel file maintained by Human Resources or the employee’s personnel file maintained by the employee’s Department. The City may charge a reasonable fee for copying in accordance with Chapter 119, Florida Statutes, but under no circumstances will the grievance procedure contained in General Order 3-5, unless modified by this AgreementCity charge the employee for labor fees associated with the request.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 119.1 The public has a right to expect efficient, fair, and impartial law enforcement. Employees covered Therefore, any alleged misconduct by this Agreement are also an employee of the UWPD must be thoroughly investigated to assure the maintenance of these qualities. Employees, too, must be protected against false allegations of misconduct and have the assurance that internal investigations will be conducted in a manner conducive to good order and discipline. 19.2 Every employee who is the subject of an internal affairs investigation or who is interviewed relating to a matter that could lead to discipline (dismissal, demotion, suspension without pay, reduction in pay, written reprimand, or verbal reprimand) of them shall be entitled to be represented by a designated Union representative of their choice. The employee to be interviewed shall be afforded reasonable time prior to the benefits and rights interview to consult with the Union representative. 19.3 Every employee who becomes the subject of an internal investigation shall be advised at the time of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms interview who is in charge of the Agreement investigation and who will be conducting the interview. 19.4 The investigator shall prevail. The Agreement shall be apprise the governing factor in all cases even though employee of the benefits or rights provided may be greater or lesser than provided for complaint made against them, and allow the employee to read the allegations contained in the Sheriff’s Office General Orders. Section 2complaint. Employees shall be required to observe and comply with all current and future rules and regulations A sanitized copy of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will complaint shall be provided to the PBA at least ten (10) days prior to implementationemployee and the Union, upon request. Section 319.5 The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Employees shall have Whenever possible, interviews will be scheduled during the right to inspect their personnel files in accordance with normal workday of the provision of General Order 6-1employee. 19.6 The employee or the Employer may request that the interview be recorded, either mechanically or by a stenographer. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to There can be no "off the provision of efficient and effective service to the publicrecord" questions. Likewise, whenever another individual makes a public records request to review an employee’s fileUpon request, the employee will shall be notified in accordance with the provisions of General Order 6-1. Copies provided an exact copy of any material in written statement the employee has signed, a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel fileaudio recording, or Administrative Investigation file if applicable, a written and signed refutation verbatim transcript of any material he considers to be negative or detrimentalinterview. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of Upon written authorization from the employee, the Employer will provide to the Union a copy of any signed statement, copy of the audio recording, or verbatim transcript provided to the employee. The transcript will be filed in accordance provided if a transcript is made. 19.7 Interviewing shall be completed within a reasonable time and the employee shall be entitled to reasonable breaks for personal necessities, meals, telephone calls, consultant with the grievance procedure contained Union, and rest periods. 19.8 All interviews shall be limited in General Order 3-5scope to activities, unless modified by this Agreementcircumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have 38.01 An employee has the right to inspect their the presence and advice of an OPBA Attorney at all disciplinary interrogations. 38.02 An employee who is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his constitutional rights before any investigation. 38.03 Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be advised that such refusal to answer questions or participate in such investigation will be the basis of such a charge. 38.04 Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the employee's shift, unless operational standards require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. If the Employer required that an interrogation be recorded, the employee shall be entitled to a copy of the tape. 38.05 An employee will be informed of the nature of any investigation prior to any questioning. If the employee being questioned is a witness and not under investigation, he shall be so advised of this fact. 38.06 An employee may add memoranda to the file clarifying any documents contained in the personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times file so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to entry is made within three (3) weeks from the publictime the document is placed in the file. Likewise, whenever another individual makes a public records request to review All items in an employee’s file's personnel file with regard to complaints and 38.07 In the course of an internal affairs investigation, a polygraph examination or voice stress test will be administered only if it can be used as corroborative evidence. If, in the course of an internal investigation, an employee has been given a polygraph examination or voice stress test, such examination shall not be admissible in any subsequent criminal action. 38.08 An employee will be notified within 72 hours after the City has received a written or verbal complaint against such employee. If there is a written complaint the Employer will furnish a copy of such complaint to the employee. Complaints that are not in accordance with the provisions of General Order 6-1. Copies of any material writing, that does result in a personnel file disciplinary action against an employee shall be made put in writing and attested to by a responsible Department official. All unfounded complaints shall be placed in closed administrative files. 38.09 Records of disciplinary action shall cease to have force and effect or be considered in future disciplinary matters and shall be removed from all files at the expense of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf request of the employee, twelve (12) months after their effective date for counseling and written reprimands, and twenty-four (24) months after their effective date for suspensions of three (3) days or less providing there is no intervening d1sc1plinc during these time frames. Suspensions of four (4) day!'> or more will not be filed considered in accordance with future disciplinary actions after forty-eight (48) months proving there 1s no intervening disciplinary action. 38.10 The Employer shall initiate all administrative disciplinary investigations of bargaining unit members within sixty (60) calendar days of the grievance procedure contained in General Order 3-5date that any member of the Police Department above the rank of Sergeant becomes aware potential employee misconduct. Upon the commencement of an administrative disciplinary investigation, unless modified the subject employee shallimmediately be given notice thereof. Such investigations shall be completed within one hundred twenty (120) calendar days or the commencement of the investigation. Should the investigation concern potential misconduct that is also the subject of a criminal investigation, such time requirements shall commence upon the employer's notification of the conclusion of the criminal investigation. However, if criminal charges are brought against an employee for a matter of potential misconduct. such time requirements shall commence upon final disposition of such charges. The timelines herein may be extended by this Agreementmutual agreement of the employer, the employee, and the OPBA.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by A. Nothing contained within this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits construed to deny or rights provided may restrict to any Section B. Normally, disciplinary action will be greater or lesser than provided for handled in the Sheriff’s Office General Ordersfollowing order: (a) Verbal warning (b) Written warning (c) Suspension (d) Discharge Discipline shall be reasonably related to the nature of any proven offense. The Employer may determine advanced disciplinary action to be immediately necessary with just cause. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees C. A bargaining unit member shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient request and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made entitled to have another bargaining unit member present with that member at a meeting expected to result in disciplinary action. The Employer shall advise the expense of the requestorbargaining unit member if disciplinary action is likely to occur. Section 4. D. An employee shall have the right to insert review the contents of his/her personnel file in his the presence of an administrator or the administrator's designee upon reasonable notice in advance and within a reasonable amount of time. The employee may have a representative of the Union accompany him/her in such review. Employees covered by the agreement shall be given a copy of any written report, letter, memorandum, evaluation or written complaint relating to the employee's job performance, which is placed in the employee's personnel file, . No anonymous complaints shall be placed in the employee's file. The employee may comment or Administrative Investigation file if applicable, a written and signed refutation rebut the contents of any material he considers in his/her personnel file. Said comments shall be attached thereto and placed in the employee's file. There shall be no obligation on the part of the Employer to respond to the employee's comments and if no response is made, it shall not be deemed or construed to be negative an acceptance of or detrimental. The refutation shall be reviewed by agreement with the Human Resources Director or Inspections Bureau Commanderemployee's comments, whichever is applicableprovided, to ensure that it specifically addresses only however, the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf employer will acknowledge receipt of the employee, 's comments in writing by signing and dating a copy provided by the employee. The employee shall sign a statement attesting only that the employee has been given any such report referred to above. The employee's signature shall not be filed in accordance interpreted to mean agreement with the grievance contents of the report. If the employee refuses to sign such statement, that refusal shall be noted on the statement. Any such report and the statement relating to the refusal shall be placed in the employee's file. Section E. The Board evaluation procedure contained will be utilized to assess employee work performance. The Employer will provide orientation for all staff involved in General Order 3-5, unless modified by this Agreementthe evaluation of the bargaining members.

Appears in 1 contract

Samples: Employment Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by For the purposes of this Agreement Article, disciplinary action is defined as an oral admonishment, letter of reprimand, letter of warning, letter of suspension, or discharge. Supervisory notes (electronic or paper) and/or observations are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersnot considered discipline. Section 2. Employees No bargaining unit employee who has successfully completed their probationary period shall be required to observe disciplined or discharged without due process and comply with all current and future rules and regulations just cause. Due process requires that an employee is informed in writing of the Sheriff’s Office except those that are in conflict reason(s) for any disciplinary action and is provided with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided an opportunity to respond to the PBA at least ten (10) days prior action or explain the questioned behavior or actions. No employee serving a probationary period may file a grievance pertaining to implementationdiscipline or discharge. Section 3. Employees may respond both orally and in writing to any disciplinary action by the employer. Section 4. Letters of caution, consultation, warning, admonishment, and reprimand shall be considered temporary contents of an employee's personnel file and shall be destroyed upon receipt of written request from the affected employee, no later than 23 months after they have been placed in the file, unless such items can be used in support of possible disciplinary action arising from more recent employee action or behavior patterns or are applicable to pending legal or quasi-legal proceedings. Section 5. In all cases of suspension or discharge of any bargaining unit employee, the union shall be notified of the action taken at the same time that the employee is notified. Section 6. An employee may request the presence of union representation during an investigatory interview that the employee reasonably believes will result in their being disciplined. Section 7. Employees may inspect and receive a copy of any material placed in their personnel file. Employees may be charged for the cost of processing and copying such materials. Section 8. A discharged employee upon request may receive copies of investigatory information compiled by management in support of such action. A copy fee may be charged to the employee. Section 9. No information reflecting critically upon an employee shall be placed in the official personnel file of the employee that does not bear either the signature or initials of the employee indicating that he/she has been shown the material or a statement by a supervisor that employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee. Section 10. An employee desiring that material which he/she feels is inaccurate and should be removed from their personnel file shall have the right to inspect their appeal it through the grievance procedure. Section 11. Material placed in the official personnel files in accordance with the provision file of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance without conformity with the provisions of General Order 6-1. Copies of Section 10 will not be used by the Employer in any material in a personnel file shall be made at subsequent evaluation or disciplinary proceeding involving the expense of the requestoremployee. Section 412. An employee shall The Union and the Employer agree that employees have the right of self- organization or non-organization, to insert form or not form, to join or not join, assist or resist any labor organization to bargain collectively through representatives of their own choosing on questions of wages, hours, fringe benefits, and other conditions of employment or to refrain there from, and to engage or refuse to engage in his personnel fileconcerted activities for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or Administrative Investigation file if applicable, a written and signed refutation of coercion from any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementUnion or the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled 8.01 An employee has the right to the benefits presence and rights advice of a Union representative and/or Union Attorney at all disciplinary interrogations. 8.02 Before an employee may be charged with any violation of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations for a refusal to answer questions or participate in an investigation, he shall be advised that his refusal to answer such questions or participate in such investigation will be the basis of such a charge. 8.03 Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the employee’s shift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. In addition, the employee may record such interrogation if he has a recording device available so as not to delay the investigation. The Employer may have a transcript of such recording at the Employer’s expense. 8.04 An employee will be informed on the nature of any investigation prior to any questioning. If the employee being questioned is, at the time, a witness and not under investigation, he shall be so advised. 8.05 An employee may request an opportunity to review his personnel file, add memoranda to the file clarifying any documents contained in the file, and he may have a representative of the Sheriff’s Office except those that are Union present when reviewing his file. A request for copies of 8.06 With respect to investigations which may result in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminatedcriminal charges, a draft formal charge of same misconduct shall be prepared in writing stating the matters which are under investigation and the charges which are being considered. 8.07 In the course of an internal affairs investigation, a polygraph examination will be provided to administered only with the PBA at least ten (10) days prior to implementationconsent of the employee under investigation. If, in the course of an internal investigation, an employee has been given a polygraph examination, such examination shall not be used in any subsequent action. Section 3. Employees 8.08 All complaints against employees which may involve suspension or discharge of the employee shall have the right be investigated and either corroborated or found to inspect their personnel files be without merit, in accordance with Section 12.3 of the provision North Canton Police Department Policy and Procedures, as may be amended from time-to-time. The Employer will furnish a copy of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption the complaint to the provision employee whom the complaint has been filed against when such employee is notified of efficient and effective service to the publicinvestigation. Likewise, whenever another individual makes a public records request to review an employee’s file, the An employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a requests by civilians to view his/her personnel file file. Such notification(s) shall be made at the expense provided within 24 hours of the requestorany such request(s). Section 4. An employee 8.09 Oral and written reprimands more than one year old shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, not be used as a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material basis for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreementfuture discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled 11.1 Whenever an employee is required to appear before the benefits and rights superintendent, principal, supervisor or the School Board concerning any matter which could adversely affect the continuation of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Ordersthat employee or which would result in other disciplinary action, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense of the requestor. Section 4. An employee shall have the right to insert ask for and be entitled to have a representative of the Association present to advise the employee and represent the employee during such meeting or interview. Employees shall receive prior written notice 24 hours in his personnel fileadvance of a meeting with the Superintendent (or Superintendent designee) or the School Board. This provision shall not apply to a supervisor's right to discuss an event, or Administrative Investigation file if applicableto otherwise provide supervision to employees. 11.2 In any case where the District chooses to suspend an employee during an investigation into such employee's conduct, such suspension shall be with pay. This shall not preclude the District from suspending an employee without pay as a formal disciplinary action. 11.3 When any written complaint regarding an employee is made to any member of the administration by any parent, student or other persons, and the complaint is used in any manner against the employee, it must be signed by the complainant and must be promptly investigated and called to the attention of the employee. The employee will be given an opportunity to respond to and/or rebut such complaint. 11.4 No employee will be disciplined, suspended, non-renewed or dismissed without just and sufficient cause. 11.5 Each employee will be notified that at the time of employment or at the time an employee moves from one job category to another, a written and signed refutation copy of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material job description for which the refutation is being writtenemployee has been hired can be found on the HUUSD website. Signed witness statements shall be permitted Said job description will include an outline of witnesses having direct knowledge duties or responsibilities, performance expectations, and the position of the issue(sperson(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, responsible for supervising and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of evaluating the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Master Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Orders. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have 19.01 An employee has the right to inspect their the presence and advice of an OPBA representative and/or an attorney at all disciplinary hearings and/or disciplinary interrogations. Such right shall not be exercised for the purpose of creating delay. All representation by employee representatives shall take place on employee’s time off. 19.02 An employee may request an opportunity to review his personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption file, add pertinent memoranda to the provision file clarifying any documents contained in the file and may have a representative of efficient and effective service to the publicOPBA present when reviewing his file. Likewise, whenever another individual makes a public records A request to review an employee’s file, for copies of items included in the employee will file shall be notified in accordance with the provisions of General Order 6-1honored. Copies of any material in a personnel file shall will be made at the expense of the requestor. Section 4employee’s cost. An employee may request removal of specific items in his file, which request will be considered by the Employer in its sole discretion, except as otherwise provided herein. Upon written request of any employee to the Safety Director, the City shall expunge from the personnel files of employees any record of documented counseling after one (1) year if the employee has not had any intervening discipline or offenses, written reprimands after eighteen (18) months if the employee has not had any intervening discipline or offenses, and suspensions after two (2) years if the employee has not had any intervening discipline or offenses. Records of documented written counseling, written reprimands and suspension shall have no force and effect for purposes of subsequent disciplinary action if removed consistent with the right timeline above. 19.03 Questioning or interviewing an employee shall be conducted at reasonable time giving due consideration to insert the urgency of the matter under investigation, allowing for rest periods and attendance to physical necessities. In addition, the employee may record such interview if he/she has a personal recording device available so as not to delay the investigation. If the employee is recording the interview with a personal recording device, the employee shall notify the interviewer prior to the start of the interview. The Employer may have a transcript of such recording at the Employer’s expense. 19.04 An employee will be informed of the nature of any investigation of himself prior to any questioning. 19.05 In the event that the Employer uses a polygraph machine the questioning will be narrowly related to the specific investigation. 19.06 Upon completion of the investigation, the Employer will notify the employee under investigation of the results and provide the employee with copies of all documents retained by the Employer, except as provided by law. Any time a document is placed in his an employee’s personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge copy of the issue(s) only; these statements shall also document will be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf of automatically provided to the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. Section 1. Employees covered by this Agreement are also entitled During the course of an investigation of employee misconduct where discipline may result, an employee may request the presence of a Union representative and/or another unit employee to be present during the investigating interview. 2. The employee being interviewed shall be informed verbally of the nature of the investigation before the interview commences. 3. Copies of all reprimands, disciplinary actions will be given to the benefits and rights of the Pinellas County Sheriff’s Office General Orders (to include Bureau Standard Operating Procedures and Sheriff’s Orders). If any conflict occurs between this Agreement and the Sheriff’s Office General Orders, the terms of the Agreement shall prevail. The Agreement shall be the governing factor in all cases even though the benefits or rights provided may be greater or lesser than provided for in the Sheriff’s Office General Ordersaffected employee. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminated, a draft of same will be provided to the PBA at least ten (10a) days prior to implementation. Section 3. Employees shall have the right to Each employee may inspect their personnel files file maintained by the Employer in accordance with the provision presence of General Order 6a management representative designated by the Chief of Police, during the employee's non-1working hours, at a reasonable time, and shall, upon request, receive a copy of any or all documents contained therein, provided the employee pays any reasonable charge for the copies. An employee shall be entitled to have a representative of his/her choice to accompany him/her during such review. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision representative of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will shall not be notified in accordance with compensated by the provisions of General Order 6-1City. Copies of any material in a An employee's personnel file shall be made at available for review and/or copying to the expense employee when the employee is preparing for a grievance or disciplinary hearings. In responding to requests for Employees’ personnel files the City shall comply with Federal and State law. (b) The employee is entitled to place a letter of rebuttal or explanation to be attached to any such entry relating to disciplinary action or performance so long as said explanation or rebuttal does not exceed 200 words in length and is submitted within 7 working days of the requestordate the employee is provided with the entry. Section 4(c) Written reprimands may be kept in an employee's personnel file for 2 years. An After 2 years, if no further similar disciplinary action has been taken against the employee the written reprimand shall have not be considered in additional discipline. 5. Preliminary investigations and disciplinary hearings shall be held either during the right to insert in his personnel fileemployee's scheduled working hours, or Administrative Investigation file if applicable, at a time in reasonable proximity to his/her shift. 6. All contacts verbal or written be it disciplinary or any other between an employee and signed refutation of any material he considers to be negative or detrimental. The refutation a superior shall be reviewed by conducted in a calm and professional manner. 7. If the Human Resources Director Employer chooses to tape record a preliminary investigation or Inspections Bureau Commanderdisciplinary hearing, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee will, upon request be provided a copy of said tape recording. If an Employee wishes to tape record a preliminary investigation or PBA on behalf disciplinary hearing, upon the request of the employee, be filed in accordance with the grievance procedure contained in General Order 3-5, unless modified by this AgreementCity will tape record such preliminary investigation or disciplinary hearing and provide a copy of the tape to the employee. 8. The employee may take notes of any proceeding.

Appears in 1 contract

Samples: Collective Bargaining Agreement

EMPLOYEE RIGHTS. ‌ Both parties recognize that it is important to investigate allegations of misconduct to protect the Employer from claims of liability and to clear the good name of the employee. Both sides recognize that any investigation through a formal internal affairs investigation or informally by a supervisor is a very stressful process. Therefore, the Employer promises that these investigations will take place in the most professional manner as possible and that interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. The Association pledges it will urge employees to cooperate fully with any investigation to allegations of misconduct. In order to accomplish these goals, the parties have agreed to the following procedures: Section 1. Employees covered by this Agreement are also entitled Any employee who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against him or her will be afforded the following safeguards: The employee will be informed prior to the benefits and rights interview if the Employer believes the employee is a subject in the investigation. At least twenty-four (24) hours prior to any interview with the employee where the Employer may impose an economic sanction, such as suspension, salary reduction, demotion, or dismissal upon the employee as a result of the Pinellas County Sheriff’s Office General Orders (underlying incident, the employee will be provided written notice of the nature of the investigation and a description of circumstances surrounding the allegations under investigation known at the time and informed of and afforded the opportunity to include Bureau Standard Operating Procedures and Sheriff’s Orders)consult with an Association representative. If any conflict occurs between this Agreement after the complainant is interviewed regarding an action or inaction of an employee, and the Sheriff’s Office General Ordersfurther investigation is deemed necessary, the terms employee shall be notified in writing of the Agreement shall prevailcomplaint as soon as is practical. The Agreement requirement will not apply where the employee is under investigation for violations of the Controlled Substances Act, or violations which are punishable as felonies or misdemeanors under Oregon Law. Also the employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The employee shall be allowed the governing factor in all cases even though right to have an Association representative present during the benefits interview. The opportunity to consult with the Association representative or rights provided to have the Association representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than a written reprimand may result) which may be greater or lesser than provided for handled immediately when a representative is not readily available. However, if in the Sheriffcourse of the interview, it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to two (2) hours to obtain a representative to assist him or her in the interview. Interviews shall take place at Department facilities or worksites, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. Telephone interviews may occur where mutually agreed. The Agency shall make a reasonable good faith effort to conduct these interviews during the employee’s Office General Ordersregularly scheduled shift, except for emergencies. Where an employee is working on a graveyard shift, the interview can be scheduled contiguously to the employee’s shift so long as appropriate overtime or irregular hour’s payments are made. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which the employee is entitled under the laws of the State of Oregon or the United States. Investigatory interviews will be held in a professional and mutually respectful manner. During interviews Employees shall upon request be allowed a reasonable break to use the rest room facilities; and, following each successive period of three (3) hours of interview, employees shall be permitted at least a ten (10) minute rest break, during which employees shall remain in a designated area, and refrain from discussing the interview with any persons save the assigned interviewers. In the absence of recorded material from either the Employer or Association, the employee will be given a copy of any written statement or report describing the employee’s statements. In the event of a subsequent interview in the course of the same investigation, the written statement will be provided before the interview. Section 2. Employees shall be required to observe and comply with all current and future rules and regulations If the Department, Association, or employee tape records of the Sheriff’s Office except those that are in conflict with this Agreement. Whenever a General Order, Bureau SOP, or Sheriff’s Order is created, modified, or eliminatedinterview, a draft of same will be provided to the PBA at least ten (10) days prior to implementation. Section 3. Employees shall have the right to inspect their personnel files in accordance with the provision of General Order 6-1. Said inspection shall occur at reasonable times so long as said inspection does not interfere with or cause disruption to the provision of efficient and effective service to the public. Likewise, whenever another individual makes a public records request to review an employee’s file, the employee will be notified in accordance with the provisions of General Order 6-1. Copies of any material in a personnel file shall be made at the expense copy of the requestor. Section 4. An employee shall have the right to insert in his personnel file, or Administrative Investigation file if applicable, a written and signed refutation of any material he considers to be negative or detrimental. The refutation shall be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, to ensure that it specifically addresses only the issue or issues contained in the material for which the refutation is being written. Signed witness statements shall be permitted of witnesses having direct knowledge of the issue(s) only; these statements shall also be reviewed by the Human Resources Director or Inspections Bureau Commander, whichever is applicable, and must also specifically address only the issue or issues contained in the material. Any grievance concerning this Section must, if pursued by the employee or PBA on behalf complete interview of the employee, noting all recess periods, shall be filed furnished upon request, to all parties. If the interviewed employee is subsequently charged and any part of the recording is transcribed by the Employer, the employee shall be given a complimentary copy thereof. All interviews shall be limited in accordance with scope to activities, circumstances, events, conduct or acts which pertain to the grievance procedure contained incident which is the subject of the investigation. Nothing in General Order 3-5this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. (A) The employee shall be notified of the outcome of the investigation within a timely manner after the investigation has been completed. (B) Except for conditions outlined in the subsection (C) of this section, unless modified by investigations involving an employee that may lead to a suspension without pay, pay reduction, demotion or dismissal will be completed no later than six (6) calendar months starting from the first interview date. However, the Employer may extend the investigation to a maximum of twelve (12) calendar months from the first interview date provided the Employer gives written notice to the Association and employee, explaining the reason for the extension. (C) The time limits provided in subsection (B) of this Agreement.section shall not apply when any one (1) of the following occurs:

Appears in 1 contract

Samples: Collective Bargaining Agreement