Common use of Formal Hearing Clause in Contracts

Formal Hearing. (1) A formal hearing will be conducted at the aggrieved employee’s location by a Chief Officer/Senior Director or his/her designee, provided, however, that such designee (i) shall not conduct formal hearings at the location to which he or she is assigned and (ii) does not have a rank below Director, at a time mutually acceptable to the Chief Officer/Senior Director or his/her designee and Union Staff Officer. The Union will be represented at the hearing by two Section Officers and one or more Staff Officers of the Union. Formal hearings shall be held on a weekly basis, if necessary, at the employee’s location at a time mutually acceptable to the Chief Officer/Senior Director or his or her designee and Union Staff Officer. Formal hearings shall be held no earlier than three (3) working days and no later than ten (10) working days following receipt of the request for a formal hearing. If the Union Staff Officer postpones the scheduled hearing or is unavailable to schedule one within the prescribed time, the Authority may notify the Union President or his designee, who will schedule a meeting no later than five (5) working days after such notification. (2) At the formal hearing in all disciplinary cases, the representative of the Authority who preferred charges will present the evidence upon which the Authority relies to support its position in the matter and the Union will present the evidence upon which it relies to support its position. Authority witnesses must be present and subject to cross examination by the Union. If a witness is not available to attend the hearing, the Director, Deputy Director or Assistant Director and a Union representative will arrange for a joint interview to be conducted by the Director, Deputy Director or Assistant Director and a Union representative at a mutually convenient date, time and place. The information and any documentation received at the joint interview may be considered in determining the results of the hearing. Where a witness fails to appear, the Authority shall not be permitted to introduce reports containing statements by such a witness in support of the disciplinary action, unless such an arrangement is jointly agreed. The employee will have an opportunity to address the Chief Officer/Senior Director or his/her designee and to answer questions. In cases involving public complaints, if the public complainant fails to either testify or provide a joint interview, no disciplinary action will be taken. However, the complaint will be placed in the employee’s file with its disposition noted. Chain of custody documents may be introduced at formal hearings without authentication of a witness representing the Authority’s Medical Department, however Medical Department witnesses may be called to testify in cases where the chain of custody document itself is material to the dispute. Police reports may be introduced without a witness on the basis of a joint interview with the officer who wrote the report. The Chief Officer/Senior Director’s or his/her designee’s decision with respect to charges heard at a formal hearing will be made in writing within five (5) working days of the conclusion of the hearing, a copy of which shall be faxed and mailed to the Union. When an employee is to be discharged, such discharge will take place in the presence of a Section Officer if one is available. If a Section Officer is not available, or if an employee is discharged or dropped from the rolls by a letter, the Authority will notify the Union within three (3) working days. Such notification shall be done by mailing and/or faxing a copy of the letter to the office of the Union’s President.

Formal Hearing. (1) A formal hearing will be conducted at the aggrieved employee’s 's location by a Chief Officer/Senior Director or his/his or her designee, provided, however, that such designee (i) shall not conduct formal hearings at the location to which he or she is assigned and (ii) does not have a rank below Director, at a time mutually acceptable to the Chief Officer/Senior Director or his/his or her designee and Union Staff Officer. The Union will be represented at the hearing by two Section Officers and one or more Staff Officers of the Union. Formal hearings shall be held on a weekly basis, if necessary, at the employee’s 's location at a time mutually acceptable to the Chief Officer/Senior Director or his or her designee and Union Staff Officer. Formal hearings shall be held no earlier than three (3) working days and no later than ten (10) working days following receipt of the request for a formal hearing. If the Union Staff Officer postpones the scheduled hearing or is unavailable to schedule one within the prescribed time, the Authority may notify the Union President or his designee, who will schedule a meeting no later than five (5) working days after such notification. (2) At the formal hearing in all disciplinary cases, the representative of the Authority who preferred charges will present the evidence upon which the Authority relies to support its position in the matter and the Union will present the evidence upon which it relies to support its position. Authority witnesses must be present and subject to cross examination by the Union. If a witness is not available to attend the hearing, the Director, Deputy Director or Assistant Director and a Union representative will arrange for a joint interview to be conducted by the Director, Deputy Director or Assistant Director and a Union representative at a mutually convenient date, time and place. The information and any documentation received at the joint interview may be considered in determining the results of the hearing. Where a witness fails to appear, the Authority shall not be permitted to introduce reports containing statements by such a witness in support of the disciplinary action, unless such an arrangement is jointly agreed. The employee will have an opportunity to address the Chief Officer/Senior Director or his/his or her designee and to answer questions. In cases involving public complaints, if the public complainant fails to either testify or provide a joint interview, no disciplinary action will be taken. However, the complaint will be placed in the employee’s 's file with its disposition noted. Chain of custody documents may be introduced at formal hearings without authentication of a witness representing the Authority’s 's Medical Department, however however, Medical Department witnesses may be called to testify in cases where the chain of custody document itself is material to the dispute. Police reports may be introduced without a witness on the basis of a joint interview with the officer who wrote the report. The Chief Officer/Senior Director’s Director or his/his or her designee’s 's decision with respect to charges heard at a formal hearing will be made in writing within five (5) working days of the conclusion of the hearing, a copy of which shall be faxed and mailed to the Union. When an employee is to be discharged, such discharge will take place in the presence of a Section Officer if one is available. If a Section Officer is not available, or if an employee is discharged or dropped from the rolls by a letter, the Authority will notify the Union within three (3) working days. Such notification shall be done by mailing and/or faxing a copy of the letter to the office of the Union’s 's President.

Formal Hearing. (1) A formal hearing will be conducted at the aggrieved employee’s location by a Chief Officer/Senior Director or his/his or her designee, providedprovide, however, that such designee (i) shall not conduct formal hearings at the location to which he or she is assigned and (ii) does not have a rank below Director, at a time mutually acceptable to the Chief Officer/Senior Director or his/his or her designee and Union Staff Officer. The Union will be represented at the hearing by two Section Officers and one or more Staff Officers of the Union. Formal hearings shall be held on a weekly basis, if necessary, at the employee’s location at a time mutually acceptable to the Chief Officer/Senior Director or his or her designee and Union Staff Officer. Formal hearings shall be held no earlier than three (3) working days and no later than ten (10) working days following receipt of the request for a formal hearing. If the Union Staff Officer postpones the scheduled hearing or is unavailable to schedule one within the prescribed time, the Authority may notify the Union President or his designee, who will schedule a meeting no later than five (5) working days after such notification. (2) At the formal hearing in all disciplinary cases, the representative of the Authority who preferred charges will present the evidence upon which the Authority relies to support its position in the matter and the Union will present the evidence upon which it relies to support its position. Authority witnesses must be present and subject to cross examination by the Union. If a witness is not available to attend the hearing, the Director, Deputy Director or Assistant Director and a Union representative will arrange for a joint interview to be conducted by the Director, Deputy Director or Assistant Director and a Union representative at a mutually convenient date, time and place. The information and any documentation received at the joint interview may be considered in determining the results of the hearing. Where a witness fails to appear, the Authority shall not be permitted to introduce reports containing statements by such a witness in support of the disciplinary action, unless such an arrangement is jointly agreed. The employee will have an opportunity to address the Chief Officer/Senior Director or his/her designee and to answer questions. In cases involving public complaints, if the public complainant fails to either testify or provide a joint interview, no disciplinary action will be taken. However, the complaint will be placed in the employee’s file with its disposition noted. Chain of custody documents may be introduced at formal hearings without authentication of a witness representing the Authority’s Medical Department, however Medical Department witnesses may be called to testify in cases where the chain of custody document itself is material to the dispute. Police reports may be introduced without a witness on the basis of a joint interview with the officer who wrote the report. The Chief Officer/Senior Director’s or his/her designee’s decision with respect to charges heard at a formal hearing will be made in writing within five (5) working days of the conclusion of the hearing, a copy of which shall be faxed and mailed to the Union. When an employee is to be discharged, such discharge will take place in the presence of a Section Officer if one is available. If a Section Officer is not available, or if an employee is discharged or dropped from the rolls by a letter, the Authority will notify the Union within three (3) working days. Such notification shall be done by mailing and/or faxing a copy of the letter to the office of the Union’s President.the

Formal Hearing. (1) A formal hearing will be conducted at the aggrieved employee’s 's location by a Chief Officer/Senior Director or his/his or her designee, provided, however, that such designee (i) shall not conduct formal hearings at the location to which he or she is assigned and (ii) does not have a rank below Director, at a time mutually acceptable to the Chief Officer/Senior Director or his/his or her designee and Union Staff Officer. The Union will be represented at the hearing by two Section Officers and one or more Staff Officers of the Union. Formal hearings shall be held on a weekly basis, if necessary, at the employee’s 's location at a time mutually acceptable to the Chief Officer/Senior Director or his or her designee and Union Staff Officer. Formal hearings shall be held no earlier than three (3) working days and no later than ten (10) working days following receipt of the request for a formal hearing. If the Union Staff Officer postpones the scheduled hearing or is unavailable to schedule one within the prescribed time, the Authority may notify the Union President or his designee, who will schedule a meeting no later than five (5) working days after such notification. (2) At the formal hearing in all disciplinary cases, the representative of the Authority who preferred charges will present the evidence upon which the Authority relies to support its position in the matter and the Union will present the evidence upon which it relies to support its position. Authority witnesses must be present and subject to cross examination by the Union. If a witness is not available to attend the hearing, the Director, Deputy Director or Assistant Director and a Union representative will arrange for a joint interview to be conducted by the Director, Deputy Director or Assistant Director and a Union representative at a mutually convenient date, time and place. The information and any documentation received at the joint interview may be considered in determining the results of the hearing. Where a witness fails to appear, the Authority shall not be permitted to introduce reports containing statements by such a witness in support of the disciplinary action, unless such an arrangement is jointly agreed. The employee will have an opportunity to address the Chief Officer/Senior Director or his/his or her designee and to answer questions. In cases involving public complaints, if the public complainant fails to either testify or provide a joint interview, no disciplinary action will be taken. However, the complaint will be placed in the employee’s 's file with its disposition noted. Chain of custody documents may be introduced at formal hearings without authentication of a witness representing the Authority’s 's Medical Department, however Medical Department witnesses may be called to testify in cases where the chain of custody document itself is material to the dispute. Police reports may be introduced without a witness on the basis of a joint interview with the officer who wrote the report. The Chief Officer/Senior Director’s Director or his/his or her designee’s 's decision with respect to charges heard at a formal hearing will be made in writing within five (5) working days of the conclusion of the hearing, a copy of which shall be faxed and mailed to the Union. When an employee is to be discharged, such discharge will take place in the presence of a Section Officer if one is available. If a Section Officer is not available, or if an employee is discharged or dropped from the rolls by a letter, the Authority will notify the Union within three (3) working days. Such notification shall be done by mailing and/or faxing a copy of the letter to the office of the Union’s 's President.

Formal Hearing. The discipline hearing may be held before the Board of Trustees in closed session, or the Board of Trustees may delegate the authority and obtain the services of an arbitrator or a hearing officer to conduct the hearing, rule on the admissibility of exhibits and evidence, and rule on objections during examination and cross-examination as described herein. 1. The following guidelines shall be used in conducting hearings. a) Oral evidence shall be taken only on oath or affirmation. b) Each party shall have the right to call and examine witnesses; and to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness, regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the accused unit member (1Respondent) A formal hearing will be conducted at the aggrieved employee’s location by a Chief Officer/Senior Director or does not testify in his/her designeeown behalf, providedhe/she may be called and examined as if under cross- examination. c) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, howeverregardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions. d) Hearsay evidence may be used for the purpose of supplementing and examining other evidence, that such designee (i) but shall not conduct formal hearings be sufficient standing by itself to support a finding, unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the location hearing. 2. When a hearing has been held before the Board of Trustees, the Board shall retire and deliberate in private to which he or she is assigned and (ii) does not determine whether the charges have a rank below Director, at a time mutually acceptable to the Chief Officer/Senior Director or his/her designee and Union Staff Officer. The Union will be represented been proven at the hearing by two Section Officers and one or more Staff Officers conclusion of the Union. Formal hearings shall be held on a weekly basis, if necessary, at the employee’s location at a time mutually acceptable to the Chief Officer/Senior Director or his or her designee and Union Staff Officer. Formal hearings shall be held no earlier than three (3) working days and no later than ten (10) working days following receipt of the request for a formal hearing. If the Union Staff Officer postpones Board finds that the scheduled hearing or is unavailable to schedule one within the prescribed timecharges have been proven, the Authority it may notify the Union President or his designee, who will schedule issue a meeting no later than five (5) working days after such notification. (2) At the formal hearing in all disciplinary cases, the representative of the Authority who preferred charges will present the evidence upon which the Authority relies to support resolution affirming its position in the matter decision and the Union will present the evidence upon which it relies to support its position. Authority witnesses must be present and subject to cross examination by the Union. If a witness is not available to attend the hearing, the Director, Deputy Director or Assistant Director and a Union representative will arrange for a joint interview to be conducted by the Director, Deputy Director or Assistant Director and a Union representative at a mutually convenient date, time and place. The information and any documentation received at the joint interview may be considered in determining the results of the hearing. Where a witness fails to appear, the Authority shall not be permitted to introduce reports containing statements by such a witness in support ordering implementation of the disciplinary action, unless such an arrangement is jointly agreedincluding reassignment, a suspension without pay, a demotion or a dismissal. The Board shall announce its decision and the vote of each Board member in public session. 3. When a hearing has been held before a arbitrator/hearing officer, the arbitrator/hearing officer shall issue a written determination on the charges and recommendation regarding the sufficiency of cause to the Board of Trustees. The Board of Trustees shall consider the recommendation of the hearing officer in closed session, and may issue a resolution sustaining, modifying, or overruling the recommendation. If the Board decision is to modify or overrule the arbitrator/hearing officer’s recommendation, the Board shall provide the reason for its decision in writing to the respondent within thirty (30) days. The Board shall announce its decision and the vote of each Board member in public session. 4. The Board of Trustees shall not impose a penalty greater than that proffered in the original charges. In the event that the Board of Trustees makes a final decision to modify or reverse the initial action taken by the District, and the discipline has already been imposed, the employee will have an opportunity shall be entitled to address such make-whole relief as the Chief Officer/Senior Director Board of Trustees deems appropriate. 5. Notice of the Board’s decision shall be served upon the unit member personally, or by certified mail at his/her designee and to answer questions. In cases involving public complaints, if the public complainant fails to either testify or provide a joint interview, no disciplinary action will be taken. However, the complaint will be placed last address as shown in the employee’s file with its disposition noted. Chain of custody documents may be introduced at formal hearings without authentication of a witness representing the Authority’s Medical Department, however Medical Department witnesses may be called to testify in cases where the chain of custody document itself is material to the dispute. Police reports may be introduced without a witness on the basis of a joint interview with the officer who wrote the report. The Chief Officer/Senior Director’s or his/her designee’s decision with respect to charges heard at a formal hearing will be made in writing within five (5) working days records of the conclusion of the hearing, a copy of which shall be faxed and mailed to the Union. When an employee is to be discharged, such discharge will take place in the presence of a Section Officer if one is available. If a Section Officer is not available, or if an employee is discharged or dropped from the rolls by a letter, the Authority will notify the Union within three (3) working days. Such notification shall be done by mailing and/or faxing a copy of the letter to the office of the Union’s PresidentDistrict.