Common use of Hearing Procedures Clause in Contracts

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself their self unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the ChiefChief within ten (10) days of receipt of the disciplinary action document. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date, which shall be held thirty (30) days after the investigation file is provided to the Guild (unless mutually agreed to hold it earlier). The parties may agree to an extension based on extenuating circumstances. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five (5) business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police, the Office of Police Accountability (OPA) Director (or designee for discipline involving suspensions of less than eight (8) days), the Department HR Director (or designee), an Assistant assistant or Deputy Chief, OPA Directordeputy chief, the Police Department’s Human Resources Director Inspector General (or designee and Legal Advisor may be present from that Office), an attorney from the City Attorney’s Office (CAO)/SPD assigned to the matter, and, at the hearingrequest of the named employee, any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- in-person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make a good faith effort to make the final decision within ten (10) days as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts may cause the Chief to act contrary to the OPA Director’s recommendation, the case will be sent back to the OPA for further investigation. The 180-day period for investigation will be extended by an additional sixty (60) days, less any time remaining on the 180 day clock (i.e. – if at one hundred twenty (120) days on the clock, then no extension; if at one hundred fifty (150) days, then an additional thirty (30) days; if at one hundred eighty (180) days, then an additional sixty (60) days). The 180-day period runs from the 180 Start Date (see 3.6B) until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his/her reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions will be provided to the Mayor and City Council. In stating his/her reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his/her decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing the explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an a. If the employee within the bargaining unit has been sustained by the Chiefsubmits a timely Request for Hearing, the City shall notify Governing Board may conduct such a hearing itself or may appoint a designee to conduct the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanctionhearing. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process The hearing before the Chief. Such notice shall be given in a reasonable period of time prior to held at the due process hearingearliest convenient date, taking into consideration the severity established schedule of the chargesGoverning Board or hearing officer and the availability of counsel and witnesses. The parties shall be notified of the time and place of the hearing. The employee shall be entitled to appear personally, produce evidence, and have counsel. The employee shall not be entitled to a public hearing. The procedure entitled “Administrative Adjudication” commencing with Government Code 11500 shall not apply to any such hearing before the Governing Board or a hearing officer. Neither the Governing Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Governing Board. b. At any time before an employee’s appeal is finally submitted to the Governing Board or to a hearing officer for decision, the status District may serve on the employee and file an amended or supplemental Notice of Disciplinary Action. Any new causes or allegations shall be deemed controverted and any objections to the employeeamended or supplemental causes or allegation may be made orally at the hearing and shall be noted on the record. c. If the hearing is conducted by the Governing Board, it may use the complexity services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. The Governing Board may meet in closed session with its counsel or a hearing officer to deliberate. The Governing Board shall affirm, modify or revoke the Notice of DisciplinaryAction. d. If the hearing is conducted by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Governing Board as the decision in the case, and the level . A copy of the proposed disciplinedecision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. The employeeGoverning Board may: (a) Adopt the proposed decision in itsentirety. (b) Modify any part of the proposeddecision. (c) Reject the proposed decision in itsentirety. e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police Governing Board or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writingofficer may consider the records of any evaluation, discipline or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearingprior personnel action against theemployee. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the ChiefChief within ten (10) days of receipt of the disciplinary action document. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date, which shall be held thirty (30) days after the investigation file is provided to the Guild (unless mutually agreed to hold it earlier). The parties may agree to an extension based on extenuating circumstances. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five (5) business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police, the Office of Police Accountability (OPA) Director (or designee for discipline involving suspensions of less than eight (8) days), the Department HR Director (or designee), an Assistant assistant or Deputy Chief, OPA Directordeputy chief, the Police Department’s Human Resources Director Inspector General (or designee and Legal Advisor may be present from that Office), an attorney from the City Attorney’s Office (CAO)/SPD assigned to the matter, and, at the hearingrequest of the named employee, any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- in-person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless X. Xxxxxx further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make a good faith effort to make the final decision within ten (10) days as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts may cause the Chief to act contrary to the OPA Director’s recommendation, the case will be sent back to the OPA for further investigation. The 180-day period for investigation will be extended by an additional sixty (60) days, less any time remaining on the 180 day clock (i.e. – if at one hundred twenty (120) days on the clock, then no extension; if at one hundred fifty (150) days, then an additional thirty (30) days; if at one hundred eighty (180) days, then an additional sixty (60) days). The 180-day period runs from the 180 Start Date (see 3.6B) until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his/her reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions will be provided to the Mayor and City Council. In stating his/her reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his/her decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing the explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police CARE Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police CARE or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police CARE or designee, an Assistant or Deputy Chief, OPA Director, the Police CARE Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself their self unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police or designeePolice, an Assistant or Deputy Chief, the OPA Director, the Police Department’s Human Resources Department HR Director (or designee designee), an assistant or deputy chief, and Legal Advisor may be present at the hearingrequest of the named employee any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless X. Xxxxxx further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts cause the Chief to act contrary to the OPA Director’s recommendation, the case must be sent back to the OPA for further investigation. The “further investigation” described above must be completed within the original 180-day time period. The 180-day period runs from the time a sworn supervisor or OPA received notice of the complaint until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing, and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions should be provided to the Mayor and City Council upon request. In stating his reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing his explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police or designeePolice, an Assistant or Deputy Chief, the OPA Director, the Police Department’s Human Resources Department HR Director (or designee designee), an assistant or deputy chief, and Legal Advisor may be present at the hearingrequest of the named employee any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts cause the Chief to act contrary to the OPA Director’s recommendation, the case must be sent back to the OPA for further investigation. The “further investigation” described above must be completed within the original 180-day time period. The 180-day period runs from the time a sworn supervisor or OPA received notice of the complaint until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing, and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions should be provided to the Mayor and City Council upon request. In stating his reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing his explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the ChiefChief within ten (10) days of receipt of the disciplinary action document. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date., which shall be held thirty (30) days after the investigation file is provided to the Guild (unless mutually agreed to hold it earlier). The parties may agree to an extension based on extenuating circumstances. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five (5) business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one Seattle Police Officers’ Guild 10 primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police, the Office of Police Accountability (OPA) Director (or designee for discipline involving suspensions of less than eight (8) days), the Department HR Director (or designee), an Assistant assistant or Deputy Chief, OPA Directordeputy chief, the Police Department’s Human Resources Director Inspector General (or designee and Legal Advisor may be present from that Office), an attorney from the City Attorney’s Office (CAO)/SPD assigned to the matter, and, at the hearingrequest of the named employee, any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- in-person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make a good faith effort to make the final decision within ten (10) days as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts may cause the Chief to act contrary to the OPA Director’s recommendation, the case will must be sent back to the OPA for further investigation. The 180-day period for investigation will be extended by an additional sixty (60) days, less any time remaining on the 180 day clock (i.e. – if at one hundred twenty (120) days on the clock, then no extension; if at one hundred fifty (150) days, then an additional thirty (30) days; if at one hundred eighty (180) days, then an additional sixty (60) days). The “further investigation” described above must be completed within the original 180-day time period. The 180-day period runs from the 180 Start Date (see 3.6B)time a sworn supervisor or OPA received notice of the complaint until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his/her reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions should will be provided to the Mayor and City Council upon request. In stating his/her reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his/her decision. The explanation shall make no reference to the officer’s name or Seattle Police Officers’ Guild 11 any personally identifying information in providing thehis explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. X. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless X. Xxxxxx further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report 1. Hearings requested under the provisions of violation this procedure shall be conducted by a neutral Hearing Officer. The following individuals shall serve as Hearing Officers: B) MUTUALLY AGREED UPON NAMES TO BE INSERTED HERE. C) In the event the parties are unable to agree on mutually acceptable individuals t serve as Hearing Officers, the Hearing Officer shall be selected pursuant to Article 16, Section 3, Step 3 of Seattle Police Department rules and regulations lodged against an employee the Grievance Procedure. 1(a) The above named Hearing Officers shall be used on a rotational basis. The hearing shall be conducted within sixty calendar days of the bargaining unit request. In the event the Hearing Officer next on the rotation cannot conduct the hearing, the rotation of the list shall continue until a Hearing Officer is reached who can comply with this time limit. In the event none of the Hearing Officers are available within sixty calendar days, the Hearing Officer who has been sustained the first available date will be assigned. 1(b) The review of the Hearing Officer shall be limited to the record before the Claims Manager in making the determination under review. No new evidence, in medical reports or otherwise shall be allowed to be presented by either party, except that testimony of the person(s) whose reports were reviewed by the ChiefClaims Manager shall be permitted. 1(c) After requesting a hearing, the City Claimant/Recipient shall notify be permitted to submit additional information to the Claims Manager as long as said submission is made no later than thirty calendar days prior to the date of the scheduled hearing. The Claims Manager shall review the documentation and inform the Claimant/Recipient in writing within seven calendar days of the submission, as to whether the determination that is the subject of the hearing will be modified. So long as the Claimant/Recipient meets the time requirements in this provision, should the Claims Manager’s determination remain unchanged, the record before the Hearing Officer may include the additional submission of Claimant/Recipient. 1(d) The scope of review of the Hearing Officer shall be whether the Claims Manager had a reasonable basis for his/her determination. 1(e) The Claimant may be represented by a designated representative and may subpoena witnesses. Each party shall be responsible for all fees and expenses incurred in their representation. The hearing shall have a transcribed record, which shall be the official record of the proceeding. The Employer shall provide a copy to the Claimant/Recipient or his/her designated representative and Hearing Officer upon receipt. The Hearing Officer shall render and submit to the Town Board, with a copy to the Claimant/Recipient’s representative, written Findings and Recommendations within thirty calendar days after the close of the hearing. The Town Board shall provide its written determination within ten calendar days after receipt of the Findings and Recommendations. Any such determination of the Town Board shall be reviewable pursuant to the provisions of Article 78 of the Civil Practice Law and Rules. The fees and expenses of the hearing, including transcript costs and fees of the Hearing Officer, shall be paid by the Employer. 2. In the event there is a sole medical dispute between the employee’s doctor and the Employer’s doctor as to whether the employee is or was disabled and unable to perform his/her regular duties, the Guild in writing of parties agree to select a third mutually designated physician whose medical opinion will be binding upon the disposition of the complaint and the actual or proposed disciplinary sanctionparties as to disability. If the proposed discipline includes suspensionparties are unable to agree upon a third neutral physician, transfer, demotion or discharge, he/she will be appointed from an appropriate board certified medical list by the City shall also notify the employee parties. The fees and expenses of the employee’s right to a due process hearing before the Chief. Such notice that physician shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held paid equally by the Chief of Police or designeeparties. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged (A) Charges against an employee within the bargaining unit has been sustained Superintendent may only be brought by the ChiefBoard, and all such charges shall be in writing. The Superintendent shall be entitled to a fair hearing on said charges, upon at least fifteen (15) days notice, before an independent hearing officer. The hearing officer shall be selected by mutual agreement between the Superintendent and the Board or in the event no such agreement is reached within fifteen (15) days after the Superintendent’s receipt of the written charges, by appointment in accordance with the following procedures: (1) each party will submit to the District Clerk a list of names and addresses of five persons who are acceptable and willing to serve as such hearing officer. (2) within two days from receipt, the City District Clerk shall notify compare the employee lists to see if the name of any individual appears on both lists. If so, the first such name to appear on the list submitted by the Superintendent shall serve as the hearing officer. (3) in the event no individual is named on both lists, the District Clerk shall immediately advise both parties. Within two (2) days from the date of such notification, the parties will submit to the District Clerk a further list of the names and addresses of five (5) different individuals who are acceptable and willing to serve as such hearing officer. (4) within two (2) days from receipt, the District Clerk shall compare the prior and current lists of both parties to see if the names of any individuals appears on the lists of both parties. If so, the first such name to appear on the list submitted by the Superintendent shall serve as hearing officer. In the event that the expanded lists do not contain the name of any mutually identified individual, the District Clerk shall select three (3) qualified attorneys at law who maintain offices within a fifty (50) mile radius of the District and who are willing to serve as a hearing officer. The District Clerk shall submit the names to the representatives of the Board and the Guild in writing Superintendent and the parties shall, by the alternating strike-off procedure, select the hearing officer. (B) The Superintendent may be suspended with pay from the performance of his duties during the pendency of such hearing. He shall be entitled to due process protection at such hearing, including but not limited to, representation by counsel at his own expense, to present, cross examine, and subpoena witnesses, to subpoena documents, paper, letters or other tangible evidence, to have all testimony given under other, to receive without cost an accurate written transcript of the disposition proceeding, and to receive written findings of fact and recommendations from the hearing officer. Unless the parties mutually agree, the hearing shall be private. (C) Upon completion of the complaint hearing and based upon the actual or proposed disciplinary sanction. If evidence contained in the proposed discipline includes suspension, transfer, demotion or dischargerecord of the proceeding, the City Hearing Officer shall also notify forward written findings and recommendations to the employee Board and Superintendent. The Board shall review such written findings and recommendations of the employee’s right to a due process Hearing Officer together with the record of the hearing before and make its determination in writing. The decision of the Chief. Such notice Board shall be given in final and binding and subject to review by a reasonable period court of time prior to competent jurisdiction only upon the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing dateground that said decision is arbitrary or capricious. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.