Common use of Employment Status Pending Appeal or Waiver Clause in Contracts

Employment Status Pending Appeal or Waiver. Except as provided herein, any employee against whom a recommendation of personnel action has been issued shall remain on active duty status and responsible for fulfilling the duties of the position pending his/her appeal or waiver thereof. If the Superintendent or designee determines that a permanent classified employee should be dismissed and that his/her continuing in active duty status would present an unreasonable risk of harm to students, staff, or property while proceedings are pending, the Superintendent or designee may order the employee immediately suspended from duty without pay in conjunction with the recommendation of personnel action. This suspension order shall be in writing and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance. Except in cases of emergency when the employee must be removed from the premises immediately, the Superintendent or designee shall give the employee written notice of the proposed recommendation of dismissal at least five calendar days before the effective date of any order of suspension issued in conjunction with a recommendation involving dismissal. This notice shall state that immediate suspension without pay is being considered, the reasons for the proposed dismissal and proposed immediate suspension without pay, materials upon which the proposed action is based, and the employee's right to respond to the Superintendent or designee orally or in writing before the final recommendation and order are issued.

Appears in 8 contracts

Samples: Agreement, Negotiated Agreement, Negotiated Agreement

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Employment Status Pending Appeal or Waiver. Except as provided herein, any employee against whom a recommendation of personnel disciplinary action has been issued shall remain on active duty status and responsible for fulfilling the duties of the position pending his/her appeal or waiver thereof. If the Superintendent or designee determines Xxxxxx Officer recommends that a permanent classified employee should be dismissed and that his/her continuing in active duty status would present an unreasonable risk of harm to students, staff, or property while proceedings are pending, the Xxxxxx Officer or the Superintendent or designee may order the employee immediately suspended from duty without pay in conjunction with the recommendation of personnel action. This unpaid suspension order shall be in writing and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance. Except in cases of emergency when the employee must be removed from the premises immediately, the Xxxxxx Officer or the Superintendent or designee shall give the employee written notice of the proposed recommendation of dismissal at least five calendar days before the effective date of any order of unpaid suspension issued in conjunction with a recommendation involving dismissal. This notice shall state that immediate suspension without pay is being considered, the reasons for the proposed dismissal and proposed immediate suspension without pay, materials upon which the proposed action is based, and the employee's right to respond to the Superintendent or designee orally or in writing before the final recommendation and order are issued. Nothing in this section will preclude the District from placing an employee on a paid administrative leave at any time commencing with the initiation and notification of the Recommended Disciplinary Action.

Appears in 6 contracts

Samples: resources.finalsite.net, www.ouhsd.org, www.ouhsd.org

Employment Status Pending Appeal or Waiver. Except as provided herein, any employee against whom a recommendation of personnel action has been issued shall remain on active duty status and responsible for fulfilling the duties of the position pending his/her appeal or waiver thereof. If the Superintendent or designee determines that a permanent classified employee should be dismissed and that his/her continuing in active duty status would present an unreasonable risk of harm to students, staff, or property while proceedings are pending, the Superintendent or designee may order the employee immediately suspended from duty without pay up to five days or longer pending a Xxxxxx hearing in conjunction with the recommendation of personnel action. This suspension order shall be in writing and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance. Except in cases of emergency when the employee must be removed from the premises immediately, the Superintendent or designee shall give the employee written notice of the proposed recommendation of dismissal at least five calendar days before the effective date of any order of suspension issued in conjunction with a recommendation involving dismissal. This notice shall state that immediate suspension without pay is being considered, the reasons for the proposed dismissal and proposed immediate suspension without pay, materials upon which the proposed action is based, and the employee's right to respond to the Superintendent or designee orally or in writing before the final recommendation and order are issued.

Appears in 4 contracts

Samples: California School Employees, California School Employees, California School Employees

Employment Status Pending Appeal or Waiver. Except as provided herein, any employee against whom a recommendation of personnel disciplinary action has been issued shall remain on active duty status and responsible for fulfilling the duties of the position pending his/her appeal or waiver thereof. If the Superintendent or designee determines that a permanent classified employee should be dismissed and that his/her continuing in active duty status would present an unreasonable risk of harm to students, staff, staff or property while proceedings are pending, the Superintendent or designee may order the employee immediately suspended from duty without pay in conjunction with the recommendation of personnel disciplinary action. This suspension order shall be in writing and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance. Except in cases of emergency when the employee must be removed from the premises immediately, the Superintendent or designee shall give the employee written notice of the proposed recommendation of dismissal at least five calendar (5) working days before the effective date of any order of suspension issued in conjunction with a recommendation involving dismissal. This notice shall state that immediate suspension without pay is being considered, the reasons for the proposed dismissal and proposed immediate suspension without paysuspension, materials upon which the proposed action suspension is based, and the employee's ’s right to respond to the Superintendent or designee orally (also known as a “Xxxxxx Hearing”) or in writing before the final recommendation and order are issued.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

Employment Status Pending Appeal or Waiver. Except as provided herein, any employee unit member against whom a recommendation of personnel disciplinary action has been issued shall remain on active duty status and responsible for fulfilling the duties of the position pending his/her appeal or waiver thereof. If the Superintendent or designee determines that a permanent classified employee should be dismissed and that his/her continuing in active duty status would present an unreasonable risk of harm to students, staff, or property while proceedings are pending, the Superintendent or designee may order the employee immediately suspended from duty without pay in conjunction with the recommendation of personnel disciplinary action. This suspension order shall be in writing and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance. Except in cases of emergency when the employee must be removed from the premises immediately, the Superintendent or designee shall give the employee written notice of the proposed recommendation of dismissal at least five 5 calendar days before the effective date of any order of suspension issued in conjunction with a recommendation involving dismissal. This notice shall state that immediate suspension without pay is being considered, the reasons for the proposed dismissal and proposed immediate suspension without pay, materials upon which the proposed action is based, and the employee's ’s right to respond to the Superintendent or designee orally or in writing before the final recommendation and order are issued.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

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Employment Status Pending Appeal or Waiver. 8 Except as provided herein, any employee against whom a recommendation of personnel disciplinary 9 action has been issued shall remain on active duty status and responsible for fulfilling the 10 duties of the position pending his/her appeal or waiver thereof. 11 If the Superintendent or designee determines that a permanent classified employee should be 12 dismissed and that his/her continuing in active duty status would present an unreasonable risk 13 of harm to students, staff, staff or property while proceedings are pending, the Superintendent or 14 designee may order the employee immediately suspended from duty without pay in 15 conjunction with the recommendation of personnel disciplinary action. This suspension order shall be in 16 writing and shall state the reasons that the suspension is deemed necessary. The suspension 17 order shall be served upon the employee either personally or by registered or certified mail, 18 return receipt requested, immediately after issuance. Except in cases of emergency when the 19 employee must be removed from the premises immediately, the Superintendent or designee 20 shall give the employee written notice of the proposed recommendation of dismissal at least 21 five calendar days before the effective date of any order of suspension issued in conjunction 22 with a recommendation involving dismissal. This notice shall state that immediate suspension 23 without pay is being considered, the reasons for the proposed dismissal and proposed 24 immediate suspension without pay, materials upon which the proposed action is based, based and the 25 employee's right to respond to the Superintendent or designee orally or in writing before the 1 final recommendation and order are issued.

Appears in 2 contracts

Samples: core-docs.s3.amazonaws.com, csea.com

Employment Status Pending Appeal or Waiver. Except as provided herein, any employee against whom a recommendation of personnel action has been issued shall remain on active duty status and responsible for fulfilling the duties of the position pending his/her appeal or waiver thereof. AR 4218(d) DISMISSAL/SUSPENSION/DISCIPLINARY ACTION (continued) If the Superintendent or designee determines that a permanent classified employee should be dismissed and that his/her continuing in active duty status would present an unreasonable risk of harm to students, staff, or property while proceedings are pending, the Superintendent or designee may order the employee immediately suspended from duty without pay in conjunction with the recommendation of personnel action. This suspension order shall be in writing and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance. Except in cases of emergency when the employee must be removed from the premises immediately, the Superintendent or designee shall give the employee written notice of the proposed recommendation of dismissal at least five calendar days before the effective date of any order of suspension issued in conjunction with a recommendation involving dismissal. This notice shall state that immediate suspension without pay is being considered, the reasons for the proposed dismissal and proposed immediate suspension without pay, materials upon which the proposed action is based, and the employee's right to respond to the Superintendent or designee orally or in writing before the final recommendation and order are issued.

Appears in 1 contract

Samples: California School Employees

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