Common use of LIMITATIONS ON ACTS Clause in Contracts

LIMITATIONS ON ACTS. A. Except as provided in this Article, Chapter 143.052 of the Local Government Code applies. B. In the original written statement and charges and in any hearing conducted under this Article, the Chief may not impose discipline for an act that occurred more than 180 days prior to the date the Chief knew, or should have known, of the act, provided that no discipline may issue for an act that occurred more than two years prior to the date the Chief knew or should have known of the act. C. Notwithstanding the limitations set forth in (B) above, if a firefighter is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the Chief may issue discipline in accordance with Texas Local Government Code Section 143.056 regardless of whether more than two years has passed since the act occurred. D. Solely to aid the Civil Service Commission or arbitrator in the assessment of appropriate discipline and not to prove a charge of a violation of Civil Service Rules or for any other purpose, the Chief and the City may offer into evidence any prior disciplinary actions which have not been set aside on appeals follows: 1. Where the Chief’s original written charges include alleged violations of Civil Service Rules and/or Department rules and Regulations, Special Directives, and/or Administrative Orders, constituting acts of violence (exertion of physical force so as to injure or abuse) the Chief and the City may introduce prior discipline on such other violations found to have been committed within five (5) years immediately preceding the date of the act(s) contained in the written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of five (5) years immediately preceding the date of the act(s) contained in the written charges. 2. Where the Chief’s original written charges include alleged violations of Civil Service Rules and/or Department rules and Regulations, Special Directives, and/or Administrative Orders, concerning drug or alcohol abuse, the Chief and the City may introduce prior discipline on such other violations found to have been committed within ten (10) years immediately preceding the date of the act(s) contained in the written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of ten (10) years immediately preceding the date of the act(s) contained in the written charges. 3. Where the Chief’s original written charges include alleged acts of incompetence, all prior discipline for acts of incompetence may be introduced by the Chief and the City so long as adequate records are maintained. In such case, the Firefighter may offer evidence of prior acts of good conduct. 4. Where the Chief’s original written charges include alleged violations of any other Civil Service Rules and/or Department rules and Regulations, Special Directives, and/or Administrative Orders, the Chief and the City may introduce prior discipline of such other violations found to have been committed within two (2) years immediately preceding the date of the act(s) contained in the written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of two (2) years immediately preceding the date of the act(s) contained in the written charges. 5. Should a Firefighter offer evidence of good character or good conduct outside of the limitations set forth above, the City may offer any evidence of prior discipline, regardless of the nature of the discipline or the date of the act.

LIMITATIONS ON ACTS. A. Except as provided in this Article, Chapter 143.052 of the Local Government Code applies. B. In the original written statement and charges and in any hearing conducted under this Article, the Chief may not impose discipline for an act that occurred more than 180 days prior to the date the Chief knew, or should have known, of the act, provided that no discipline may issue for an act that occurred more than two years prior to the date the Chief knew or should have known of the act. C. Notwithstanding the limitations set forth in (B) above, if a firefighter is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the Chief may issue discipline in accordance with Texas Local Government Code Section 143.056 regardless of whether more than two years has passed since the act occurred. D. Solely to aid the Civil Service Commission or arbitrator in the assessment of appropriate discipline and not to prove a charge of a violation of Civil Service Rules or for any other purpose, the Chief and the City may offer into evidence any prior disciplinary actions which have not been set aside on appeals follows: 1. Where the Chief’s original written charges include alleged violations of Civil Service Rules and/or Department rules and Regulations, Special Directives, and/or Administrative Orders, constituting acts of violence (exertion of physical force so as to injure or abuse) the Chief and the City may introduce prior discipline on such other violations found to have been committed within five (5) years immediately preceding the date of the act(s) contained in the written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of five (5) years immediately preceding the date of the act(s) contained in the written charges. 2. Where the Chief’s original written charges include alleged violations of Civil Service Rules and/or Department rules and Regulations, Special Directives, and/or Administrative Orders, concerning drug or alcohol abuse, the Chief and the City may introduce prior discipline on such other violations found to have been committed within ten (10) years immediately preceding the date of the act(s) contained in the written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of ten (10) years immediately preceding the date of the act(s) contained in the written charges. 3. Where the Chief’s original written charges include alleged acts of incompetence, all prior discipline for acts of incompetence may be introduced by the Chief and the City so long as adequate records are maintained. In such case, the Firefighter may offer evidence of prior acts of good conduct. 4. Where the Chief’s original written charges include alleged violations of any other Civil Service Rules and/or Department rules and Regulations, Special Directives, and/or Administrative Orders, the Chief and the City may introduce prior discipline of such other violations found to have been committed within two (2) years immediately preceding the date of the act(s) contained in the written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of two (2) years immediately preceding the date of the act(s) contained in the written charges. 5. Should a Firefighter offer evidence of good character or good conduct outside of the limitations set forth above, the City may offer any evidence of prior discipline, regardless of the nature of the discipline or the date of the act.five

LIMITATIONS ON ACTS. A. Except as provided in this section of this Article, the Chief and City are precluded from the introduction of evidence or otherwise complaining of any acts or occurrences earlier than the 180th day immediately preceding the date on which the Chief suspends the employee or as specified in Chapter 143.052 of the Local Government Code applies. B. In Code. Only upon written notice in the original written statement and charges and in any hearing conducted under this Article, of the Chief may not impose discipline for an any act that occurred more than 180 days prior to the date the Chief knew, or should have known, of the act, provided that no discipline may issue for an act that occurred more than two years prior to the date the Chief knew or should have known of the act. C. Notwithstanding the limitations set forth occurrence be admissible in (B) above, if a firefighter is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the Chief may issue discipline disciplinary hearing in accordance with Texas Local Government Code Section 143.056 regardless of whether more than two years has passed since the act occurred. D. this section. Solely to aid the Civil Service Commission or arbitrator in the assessment of appropriate discipline and not to prove a charge of a violation of Civil Service Rules or for any other purpose, the Chief and the City may offer into introduce evidence any of prior disciplinary actions which have not been set aside on appeals appeal as follows: 1. A. Where the Chief’s 's original written charges include alleged violations of Civil Service Rules and/or Department rules Rules and Regulations, Special Directives, and/or Administrative Orders, constituting acts of violence (exertion of physical force so as to injure or abuse) ), the Chief and the City may introduce prior discipline on such other violations found to have been committed within five (5) years immediately preceding the date of the act(s) charged as contained in the said written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of five (5) years immediately preceding the date of the act(s) contained in the written charges.; 2. B. Where the Chief’s 's original written charges include alleged violations of Civil Service Services Rules and/or Department rules Rules and Regulations, Special Directives, and/or Administrative Orders, concerning drug or alcohol abuse, the Chief and the City may introduce any prior discipline on such other violations found to have been committed within ten (10) years immediately preceding the date of the act(s) contained in the said written charges. In such case, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of ten (10) years immediately preceding the date of the act(s) contained in the written charges.; 3. C. Where the Chief’s 's original written charges include alleged allege acts of incompetence, all prior discipline for acts of incompetence may be introduced by the Chief and or the City so long as adequate records are maintained. In such case, the Firefighter may offer evidence of prior acts of good conduct.; and 4. D. Where the Chief’s 's original written charges include alleged violations allege a violation of any other Civil Service Rules and/or Department rules Rules and Regulations, Special Directives, and/or Administrative Orders, the . The Chief and the City may introduce prior discipline for a violation(s) of such other violations found to have been committed the same rule within two (2) years immediately preceding the date of the act(s) contained in the written charges. In such casecharged act, the Firefighter shall be similarly limited to offer evidence of prior good conduct to a period of two (2) years immediately preceding the date of the act(s) contained in the written chargesso long as adequate records are maintained. 5. Should a Firefighter offer evidence of good character or good conduct outside of the limitations set forth above, the City may offer any evidence of prior discipline, regardless of the nature of the discipline or the date of the act.