Post-Disciplinary Hearing Right. (a) If discipline is imposed the classified employee shall be entitled to a post- disciplinary evidentiary hearing with a third party hearing officer. (b) The Chief Human Resource Officer shall serve the classified employee a written Decision which shall be accompanied by a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. To request a hearing, said card or paper shall be filed with the Chief Human Resource Officer within five (5) work days after service of the decision or the right to such hearing is waived. (c) Within ten (10) work days of receipt of the appeal request, the CHRO shall arrange for a third party hearing officer (selected from a list of area mediators/arbitrators, two submitted from Association and two from the District then selected by random drawing). The cost for the services shall be borne completely by the district. (d) This classified employee shall have the following rights and the hearing shall be conducted in the following manner: 1. To representation by counsel or other lawful representative; 2. To personally appear; 3. All testimony shall be given under oath; 4. To call witnesses to testify on his/her behalf and the District shall require such witnesses to appear and testify; 5. To cross examine all adverse witnesses; 6. To examine all documentary evidence, the District proposes to use a reasonable time (not less than five days) before the hearing; 7. The burden of proof shall remain with the District to prove by a preponderance of evidence that the discipline was warranted; 8. Any and all other rights which a Court of competent jurisdiction may decide arise out of an employee’s due process rights in this disciplinary setting. 9. Within five (5) working days the third party hearing officer shall render his/her findings in writing.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Post-Disciplinary Hearing Right. (a) If discipline is imposed the classified employee shall be entitled to a post- disciplinary evidentiary hearing with a third party hearing officer.
(b) The Chief Human Resource Officer shall serve the classified employee a written Decision which shall be accompanied by a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. To request a hearing, said card or paper shall be filed with the Chief Human Resource Officer within five (5) work days after service of the decision or the right to such hearing is waived.
(c) Within ten (10) work days of receipt of the appeal request, the CHRO Chief Human Resource Officer shall arrange for a third party hearing officer (selected from a pre-determined, agreed upon list of area mediators/arbitrators, two submitted from Association and two from the District then selected by random drawingmediators /arbitrators). The cost for the services shall be borne completely by the district.
(d) This classified employee shall have the following rights and the hearing shall be conducted in the following manner:
1. To representation by counsel or other lawful representative;
2. To personally appear;
3. All testimony shall be given under oath;
4. To call witnesses to testify on his/her behalf and the District shall require such witnesses to appear and testify;
5. To cross examine all adverse witnesses;
6. To examine all documentary evidence, evidence the District proposes to use a reasonable time (not less than five days) before the hearing;
7. The burden of proof shall remain with the District to prove by a preponderance of evidence that the discipline was warranted;
8. Any and all other rights which a Court of competent jurisdiction may decide arise out of an employee’s due process rights in this disciplinary setting.
9. Within five (5) working days the third party hearing officer shall render his/her findings in writing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Post-Disciplinary Hearing Right. (a) If discipline is imposed the classified employee shall be entitled to a post- post-disciplinary evidentiary hearing with a third party hearing officer.
(b) The Chief Human Resource Officer shall serve the classified employee a written Decision which shall be accompanied by a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. To request a hearing, said card or paper shall be filed with the Chief Human Resource Officer within five (5) work days after service of the decision or the right to such hearing is waived.
(c) Within ten (10) work days of receipt of the appeal request, the CHRO shall arrange for a third party hearing officer (selected from a list of area mediators/arbitrators, two submitted from Association and two from the District then selected by random drawing). The cost for the services shall be borne completely by the district.
(d) This classified employee shall have the following rights and the hearing shall be conducted in the following manner:
1. To representation by counsel or other lawful representative;
2. To personally appear;
3. All testimony shall be given under oath;
4. To call witnesses to testify on his/her behalf and the District shall require such witnesses to appear and testify;
5. To cross examine all adverse witnesses;
6. To examine all documentary evidence, the District proposes to use a reasonable time (not less than five days) before the hearing;
7. The burden of proof shall remain with the District to prove by a preponderance of evidence that the discipline was warranted;
8. Any and all other rights which a Court of competent jurisdiction may decide arise out of an employee’s due process rights in this disciplinary setting.
9. Within five (5) working days the third party hearing officer shall render his/her findings in writing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Post-Disciplinary Hearing Right. (a) If discipline is imposed the classified employee shall be entitled to a post- disciplinary evidentiary hearing with a third party hearing officer.
(b) The Chief Human Resource Officer shall serve the classified employee a written Decision which shall be accompanied by a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. To request a hearing, said card or paper shall be filed with the Chief Human Resource Officer within five (5) work days after service of the decision or the right to such hearing is waived.
(c) Within ten (10) work days of receipt of the appeal request, the CHRO shall arrange for a third party hearing officer (selected from a list of area mediators/arbitrators, two submitted from Association and two from the District then selected by random drawing). The cost for the services shall be borne completely by the district.
(d) This classified employee shall have the following rights and the hearing shall be conducted in the following manner:
1. To representation by counsel or other lawful representative;
2. To personally appear;
3. All testimony shall be given under oath;
4. To call witnesses to testify on his/her behalf and the District shall require such witnesses to appear and testify;
5. To cross examine all adverse witnesses;
6. To examine all documentary evidence, evidence the District proposes to use a reasonable time (not less than five days) before the hearing;
7. The burden of proof shall remain with the District to prove by a preponderance of evidence that the discipline was warranted;
8. Any and all other rights which a Court of competent jurisdiction may decide arise out of an employee’s due process rights in this disciplinary setting.
9. Within five (5) working days the third party hearing officer shall render his/her findings in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Post-Disciplinary Hearing Right. (a) If discipline is imposed the classified employee shall be entitled to a post- disciplinary evidentiary hearing with a third party hearing officer.
(b) The Chief Human Resource Officer shall serve the classified employee a written Decision which shall be accompanied by a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. To request a hearing, said card or paper shall be filed with the Chief Human Resource Officer within five (5) work days after service of the decision or the right to such hearing is waived.
(c) Within ten (10) work days of receipt of the appeal request, the CHRO Chief Human Resources Officer shall arrange for a third party hearing officer (selected from a list of area mediators/arbitrators, two submitted from Association and two from the District then selected by random drawing). The cost for the services shall be borne completely by the district.
(d) This classified employee shall have the following rights and the hearing shall be conducted in the following manner:
1. To representation by counsel or other lawful representative;
2. To personally appear;
3. All testimony shall be given under oath;
4. To call witnesses to testify on his/her behalf and the District shall require such witnesses to appear and testify;
5. To cross examine all adverse witnesses;
6. To examine all documentary evidence, evidence the District proposes to use a reasonable time (not less than five days) before the hearing;
7. The burden of proof shall remain with the District to prove by a preponderance of evidence that the discipline was warranted;
8. Any and all other rights which a Court of competent jurisdiction may decide arise out of an employee’s due process rights in this disciplinary setting.
9. Within five (5) working days the third party hearing officer shall render his/her findings in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
