Common use of Hearing on Disciplinary Charges Clause in Contracts

Hearing on Disciplinary Charges. (A) A hearing on the merits of the disciplinary charges shall be conducted by the Director of Human Resources or designee within thirty (30) days after the delivery of the charges to the employee. All hearings will be conducted in a fair manner, and the designated hearing officer will not assume the role of prosecutor in disciplinary hearings. When an Appointing Authority determines that an unclassified employee shall be terminated no hearing will be conducted. (B) If an Appointing Authority or designee brings disciplinary charges against an employee as a result of an investigation prompted by a complaint, the complainant will be called to testify at the hearing if reasonably possible, unless there is sufficient independent evidence to prove the charges by a preponderance. (C) The results of said hearing shall be in writing and given to the employee, with a copy sent to the CWA President, within twenty (20) days of the hearing. (D) For purposes of Article 7, disciplinary action which may be taken as a result of a disciplinary hearing may be an oral reprimand, a written reprimand, suspension and/or demotion or termination. Discipline shall be commensurate and progressive. Progressive discipline shall be governed by the seven (7) tests of just cause as recorded in the Enterprise Wire case. When an Appointing Authority determines that an unclassified employee shall be terminated, the just cause standard shall not apply to such termination. (E) The City and the Union shall each be granted one (1) continuance of the scheduled disciplinary hearing. Additional continuances may be granted by mutual consent between the Director of Human Resources or designee and the Union President or designee in writing. Continuances shall not be unreasonably withheld. Thereafter, the City may order an employee to attend a disciplinary hearing, and if the employee refuses, the City may hold the hearing in the employee’s absence.

Hearing on Disciplinary Charges. (A) A hearing on the merits of the disciplinary charges shall be conducted by the Director of the Department of Human Resources or designee within thirty (30) days after from the delivery of the charges to the employee. All hearings will be conducted in a fair manner, and the designated hearing officer will not assume the role of prosecutor in disciplinary hearings. When an Appointing Authority determines that an unclassified employee shall be terminated no hearing will be conducted. (B) If an Appointing Authority or designee brings disciplinary charges against an employee as a result of an investigation prompted by a complaint, the complainant will be called to testify at the hearing if reasonably possible, unless there is sufficient independent evidence to prove the charges by a preponderance. (C) The results of said hearing shall be in writing and given to the employee, with a copy sent to the CMAGE/CWA President, within twenty (20) days of the hearing. (D) For purposes of Article 7, disciplinary action which may be taken as a result of a disciplinary hearing may be an oral reprimand, a written reprimand, suspension and/or demotion or termination. Discipline shall be commensurate and progressive. Progressive discipline shall be governed by the seven (7) tests of just cause as recorded in the Enterprise Wire case. When an Appointing Authority determines that an unclassified employee shall be terminated, the just cause standard shall not apply to such termination. (E) The City and the Union shall each be granted one (1) continuance of the scheduled disciplinary hearing. Additional continuances may be granted by mutual consent between the Director of Human Resources or designee and the Union President or designee in writing. Continuances shall not be unreasonably withheld. Thereafter, the City may order an employee to attend a disciplinary hearing, and if the employee refuses, the City may hold the hearing in the employee’s absence.