Common use of Member’s Right to Clause in Contracts

Member’s Right to. a Pre-disciplinary Conference In those cases where the member does not agree to accept a suspension in accordance with the terms of Section 9.9 of this Article, the member shall have the right to a pre-disciplinary conference with the Board of Trustees and/or designee before any disciplinary action is imposed. In the event the Chief of Police personally conducts a substantial portion of the investigation upon which a proposed suspension, reduction or termination is based, then the Board of Trustees, its Chairperson or such other individual as the Chairperson may, from time to time and in the Chairperson’s sole discretion, designate shall conduct the pre-disciplinary conference. The person conducting the pre-disciplinary conference (whether the Chief of Police, the Board of Trustees or its Chairperson, or such other designated person or persons) shall have the right and authority to issue any decision(s) and impose any discipline in accordance with the remaining provisions of this Section. If a member desires a pre-disciplinary conference, the procedure for this conference shall be as follows: A. Prior to the conference before the Board of Trustees, or designee, the member shall be provided a statement of the charges and all of the information referenced in Section 8.1.J., above, upon written request to the Chief of Police. The member shall also be given at least three (3) calendar days notice of the time, date and place of the conference. The time and/or date of the conference may be continued by mutual agreement. B. At the conference, the Board of Trustees, or designee may appoint a person(s) to prosecute the charges and/or may personally present evidence, request the attendance of witnesses and question witnesses in support of the charges. The member shall have the right to be represented at the conference by an attorney or other OPBA representative, to present evidence and to question adverse witnesses. The Board of Trustees, or designee may administer oaths. The conference may be tape recorded by either party. In addition, either party may cause the conference to be transcribed by a court reporter. C. A decision shall be issued within thirty (30) days of the conclusion of the conference. The decision of the Board of Trustees, or designee shall be final and binding, and such decision (and any resulting discipline of unpaid suspension of three (3) working days or more, demotion or termination) may be appealed with the approval of the OPBA as provided in Article 5, Step 4, of this Agreement, directly to arbitration. D. If a non-probationary member properly perfects an appeal of a decision resulting in a suspension of more than three (3) working days or more to arbitration as provided in Article 5, Step 4, of this Agreement, then suspensions of six (6) working days or more shall be stayed, pending the decision of the arbitrator. However, suspensions of less than six (6) working days may be summarily imposed by the Chief of Police or designee following the decision of the Chief of Police or designee regardless of an arbitration request. E. A record of suspensions imposed under Sections 9 and/or 10 of this Article may be placed directly into the member’s personnel file without the need for action on the part of the Board of Trustees. F. The parties intend that the provisions contained in Sections 9 and/or 10 of this Article 9 confer upon the Board of Trustees and/or designee the right, power and authority to summarily suspend a member without pay in accordance with the procedures set forth therein; subject, however, to the non-probationary member’s ability to appeal a decision resulting in a suspension of three (3) working days or more, demotion or termination directly to arbitration as provided in Article 5, Step 4, of this Agreement.

Member’s Right to. a Pre-disciplinary Conference In those cases where the member does not agree to accept a suspension in accordance with the terms of Section 9.9 of this Article, the member shall have the right to a pre-disciplinary conference with the Board of Trustees and/or designee before any disciplinary action is imposed. In the event the Chief of Police personally conducts a substantial portion of the investigation upon which a proposed suspension, reduction or termination is based, then the Board of Trustees, its Chairperson or such other individual as the Chairperson may, from time to time and in the Chairperson’s sole discretion, designate shall conduct the pre-disciplinary conference. The person conducting the pre-disciplinary conference (whether the Chief of Police, the Board of Trustees or its Chairperson, or such other designated person or persons) shall have the right and authority to issue any decision(s) and impose any discipline in accordance with the remaining provisions of this Section. If a member desires a pre-disciplinary conference, the procedure for this conference shall be as follows: A. Prior to the conference before the Board of Trustees, or designee, the member shall be provided a statement of the charges and all of the information referenced in Section 8.1.J.8.1.X., above, upon written request to the Chief of Police. The member shall also be given at least three (3) calendar days notice of the time, date and place of the conference. The time and/or date of the conference may be continued by mutual agreement. B. At the conference, the Board of Trustees, or designee may appoint a person(s) to prosecute the charges and/or may personally present evidence, request the attendance of witnesses and question witnesses in support of the charges. The member shall have the right to be represented at the conference by an attorney or other OPBA representative, to present evidence and to question adverse witnesses. The Board of Trustees, or designee may administer oaths. The conference may be tape recorded by either party. In addition, either party may cause the conference to be transcribed by a court reporter. C. A decision shall be issued within thirty (30) days of the conclusion of the conference. The decision of the Board of Trustees, or designee shall be final and binding, and such decision (and any resulting discipline of unpaid suspension of three (3) working days or more, demotion or termination) may be appealed with the approval of the OPBA as provided in Article 5, Step 4, of this Agreement, directly to arbitration. D. If a non-probationary member properly perfects an appeal of a decision resulting in a suspension of more than three (3) working days or more to arbitration as provided in Article 5, Step 4, of this Agreement, then suspensions of six (6) working days or more shall be stayed, pending the decision of the arbitrator. However, suspensions of less than six (6) working days may be summarily imposed by the Chief of Police or designee following the decision of the Chief of Police or designee regardless of an arbitration request. E. A record of suspensions imposed under Sections 9 and/or 10 of this Article may be placed directly into the member’s personnel file without the need for action on the part of the Board of Trustees. F. The parties intend that the provisions contained in Sections 9 and/or 10 of this Article 9 confer upon the Board of Trustees and/or designee the right, power and authority to summarily suspend a member without pay in accordance with the procedures set forth therein; subject, however, to the non-probationary member’s ability to appeal a decision resulting in a suspension of three (3) working days or more, demotion or termination directly to arbitration as provided in Article 5, Step 4, of this Agreement.

Member’s Right to. a Pre-disciplinary Conference In those cases where the member does not agree to accept a suspension in accordance with the terms of Section 9.9 10 of this Article, the member shall have the right to a pre-disciplinary conference with the Board Chief of Trustees Police and/or designee before any disciplinary action is imposed. In ; provided, however, that the Chief of Police shall, from time to time and in the Chief’s sole discretion, have the right to designate any other person or body to conduct the pre-disciplinary conference; further provided, however, that in the event the Chief of Police personally conducts a substantial portion of the investigation upon which a proposed suspension, reduction or termination suspension is based, then the Board of Trustees, its Chairperson or such other individual as the Chairperson may, from time to time and in the Chairperson’s sole discretion, designate shall conduct the pre-disciplinary conference. The person conducting the pre-disciplinary conference (whether the Chief of Police, the Board of Trustees or its Chairperson, or such other designated person or persons) shall have the right and authority to issue any decision(s) and impose any discipline suspension(s) in accordance with the remaining provisions of this Section. If a member desires a pre-disciplinary conference, the procedure for this conference shall be as follows: A. Prior to the conference before the Board Chief of Trustees, Police or designee, the member shall be provided a statement of the charges and all of the information referenced in Section 8.1.J., above, upon written request to the Chief of Policecharges. The member shall also be given at least three (3) calendar days notice of the time, date and place of the conference. The time and/or date of the conference may be continued by mutual agreement. B. At the conference, the Board Chief of Trustees, Police or designee may appoint a person(s) to prosecute the charges and/or may personally present evidence, request the attendance of witnesses and question witnesses in support of the charges. The member shall have the right to be represented at the conference by an attorney or other OPBA representative, to present evidence and to question adverse witnesses. The Board Chief of Trustees, Police or designee may administer oaths. The conference may be tape recorded by either party. In addition, either party may cause the conference to be transcribed by a court reporter. C. A decision shall be issued within thirty (30) days of the conclusion of the conference. The As previously noted, notwithstanding Ohio Revised Code Sections 505.491 et seq., the decision of the Board Chief of Trustees, Police or designee shall be final and binding, and such decision (and any resulting discipline of unpaid suspension of three (3) working days or more, demotion or terminationsuspension) may not be appealed to or otherwise challenged in any court or similar tribunal; provided, however, that a non-probationary member may, with the approval of the OPBA as provided in Article 5, Step 4, of this Agreement, elect to appeal a decision resulting in a suspension of more than three (3) working days directly to arbitration. A decision resulting in a suspension of three (3) working days or less may be appealed to the Township Administrator pursuant to Paragraph D, below. D. A non-probationary member may appeal a decision resulting in a suspension of three (3) working days or less directly to the Township Administrator. The member shall initiate this appeal within seven (7) calendar days after the member’s receipt of the decision by delivering to the Township Administrator a copy of the decision, a written notice of appeal and any other pertinent documents. 1. Within fifteen (15) calendar days after receipt of the appeal, the Township Administrator shall schedule and conduct a meeting to discuss the appeal with the member. The member may bring to the meeting the member’s attorney or OPBA representative. One (1) representative of the Township may attend the meeting at the invitation of the Township Administration. 2. At the meeting, the member will be afforded the opportunity to explain the reasons for the member’s disagreement with the decision. The suspension imposed by the Chief of Police or designee shall be stayed pending the decision of the Township Administrator. 3. Within fifteen (15) days following the meeting, the Township Administrator shall render a written decision on the appeal. The Township Administrator shall have the authority to vacate, reduce or otherwise modify the suspension. The decision of the Township Administrator shall be final and binding. Notwithstanding Ohio Revised Code Sections 505.491, et seq., the decision of the Township Administrator (and any resulting suspension) may not be appealed to or otherwise challenged in any court or similar tribunal, and such decision shall not be subject to grievance or arbitration. E. If a non-probationary member properly perfects an appeal of a decision resulting in a suspension of more than three (3) working days or more to arbitration as provided in Article 5, Step 4, of this Agreement, then suspensions of six (6) working days or more shall be stayed, pending the decision of the arbitrator. However, suspensions of less than six (6) working days may be summarily imposed by the Chief of Police or designee following the decision of the Chief of Police or designee regardless of an arbitration request. E. F. A record of suspensions imposed under Sections 9 10 and/or 10 11 of this Article may be placed directly into the member’s personnel file without the need for action on the part of the Board of Trustees. F. G. The parties intend that the provisions contained in Sections 9 10 and/or 10 11 of this Article 9 confer upon the Board Chief of Trustees Police and/or designee (and, under Paragraph D, the Township Administrator) the right, power and authority to summarily suspend a member without pay in accordance with the procedures set forth therein; subject, however, to the non-non- probationary member’s ability to appeal a decision resulting in a suspension of more than three (3) working days or more, demotion or termination directly to arbitration as provided in Article 5, Step 4, of this Agreement. Accordingly, in the event the suspension procedures set forth in Sections 10 and/or 11 of this Article 9 are utilized, the parties intend the provisions contained in those Sections to supersede conflicting provisions contained in both this Agreement and the Ohio Revised Code.