Common use of Pre-Action Due Process Clause in Contracts

Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice of intent to discipline by their manager or department head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto which the employee is entitled by law. The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she must einsure his/her response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Xxxxxx meeting) will take place. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP representative as well as by an attorney or professional representative if he/she chooses. Under no circumstances may the employee be represented by more than one SUP member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice of intent to discipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the notice of intent, the Notice of Discipline shall set forth the grounds, and facts and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a Notice of Appeal to the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director within seven (7) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

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Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice of intent to discipline by their manager or department head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto which the employee is entitled by lawdiscipline. The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she must einsure ensure his/her response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Xxxxxx meeting) will take place. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP representative as well as by an attorney or professional representative if he/she chooses. Under no circumstances may the employee be represented by more than one SUP member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice of intent to discipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the notice of intent, the Notice of Discipline shall set forth the grounds, and facts and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a Notice of Appeal to the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director within seven (7) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice of intent to discipline by their manager or department head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto to which the employee is entitled by law. The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she must einsure insure his/her response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Xxxxxx meeting) will take place. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP representative as well as by an attorney or professional representative if he/she chooses. Under no circumstances may the employee be represented by more than one SUP member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice of intent to discipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, procedure the City representative shall issue a Notice of Discipline. Like the notice of intent, the Notice of Discipline shall set forth the grounds, and facts and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a Notice of Appeal to the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director within seven (7) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice Nnotice of intent Iintent to discipline Ddiscipline by their manager or department headheadDepartment Head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto which the employee is entitled by lawdiscipline. The notice of intent to discipline disciplineNotice of Intent to Discipline will also advise the employee of any prior discipline discipline, which the City representative issuing the notice believes believes, is relevant to the current discipline. In addition, the notice Nnotice of intent Xxxxxxx will advise the employee of his/her hertheir right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she shethey must einsure ensure his/her hertheir response is received by the representative who issued the notice Nnotice of intent Iintent to discipline Ddiscipline within seven (7) calendar days of receiving the notice Nnotice of intent Iintent to disciplineDdiscipline. If the employee wishes to respond orally, he/she shethey must call or write the City representative who issued the notice Nnotice of intent Iintent to discipline Ddiscipline within seven (7) calendar days of receiving the notice Nnotice of intent Iintent to discipline Ddiscipline informing the representative that he/she shethey wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Xxxxxx meeting) will take place, which shall occur in a reasonable time. At the Xxxxxx meeting (assuming the employee wants to respond orally) ), the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her hertheir representative to respond to the notice Nnotice of intent Iintent to disciplineDdiscipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP Association representative as well as by an attorney or professional representative if he/she shethey chooses. Under no circumstances may the employee be represented by more than one SUP Association member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice Nnotice of intent Iintent to disciplineDdiscipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the notice Nnotice of intentIintent, the Notice of Discipline shall set forth the grounds, and facts facts, and evidence supporting the discipline as well as any prior discipline relied on upon by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she shethey wishes to appeal the discipline, he/she shethey must do so in writing by serving a Notice of Appeal to the Assistant Director Human Resources DirectorDirector of Administrative Services/Human ResourcesHuman Resources Director within seven (7) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice of intent to discipline by their manager or department head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto to which the employee is entitled by law. The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. The employee will be provided with 15 calendar days notice to contact the Department Head to schedule a meeting if desired. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she must einsure ensure his/her response is received by the representative who issued the notice of intent to discipline within seven fifteen (715) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven fifteen (715) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise and the employee will agree upon a date when the meeting (known as a Xxxxxx meeting) will take place. The meeting shall occur within fifteen (15) days of the request for a meeting, unless otherwise agreed by the parties. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP Association representative as well as by an attorney or professional representative if he/she chooses. Under no circumstances may the employee be represented by more than one SUP Association member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice of intent to discipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the notice of intent, the Notice of Discipline shall set forth the grounds, and facts and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a Notice of Appeal to the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director within seven fifteen (715) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice Notice of intent Intent to discipline Discipline by their manager or department headheadDepartment Head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto which the employee is entitled by lawdiscipline. The notice Notice of intent Intent to discipline Discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice Notice of intent Intent will advise the employee of his/her hertheir right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she shethey must einsure ensure his/her hertheir response is received by the representative who issued the notice Notice of intent Intent to discipline Discipline within seven (7) calendar days of receiving the notice Notice of intent Iintent to disciplinedisciplineDiscipline. If the employee wishes to respond orally, he/she shethey must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice Notice of intent Intent to discipline Discipline informing the representative that he/she shethey wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Xxxxxx meeting) will take place. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her hertheir representative to respond to the notice Notice of intent Intent to disciplinedisciplineDiscipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP representative as well as by an attorney or professional representative if he/she shethey chooses. Under no circumstances may the employee be represented by more than one SUP member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice Notice of intent Intent to disciplinedisciplineDiscipline. The decision will either be to impose the proposed discipline, impose no discipline discipline, or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the notice Notice of intentintentIntent, the Notice of Discipline shall set forth the grounds, and facts facts, and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she shethey wishes to appeal the discipline, he/she shethey must do so in writing by serving a Notice of Appeal to the Assistant Director Human Resources DirectorDirector of Administrative Services/Human ResourcesHuman Resources Director within seven (7) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

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Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice of intent to discipline by their supervisor, manager or department head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto to which the employee is entitled by law. The .The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she must einsure insure his/her response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Xxxxxx meeting) will take place. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP MEA representative as well as by as well as an attorney or professional representative if he/she chooses. Under no circumstances may the employee be represented by more than one SUP MEA member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice of intent to discipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, procedure the City representative shall issue a Notice of Discipline. Like the notice of intent, the Notice of Discipline shall set forth the grounds, and facts and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a Notice of Appeal to the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director within seven (7) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice of intent to discipline by their manager or department headDepartment Head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto to which the employee is entitled by law. The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her their right to respond to the proposed discipline either in writing or orally at a meeting. The employee will be provided with 15 calendar days’ notice to contact the Department Head to schedule a meeting if desired. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she they must einsure his/her ensure their response is received by the representative who issued the notice of intent to discipline within seven fifteen (715) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she they must call or write the City representative who issued the notice of intent to discipline within seven fifteen (715) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes they wish to have an oral response. The City representative will advise and the employee will agree upon a date when the meeting (known as a Xxxxxx meeting) will take place. The meeting shall occur within fifteen (15) days of the request for a meeting, unless otherwise agreed by the parties. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her their representative to respond to the notice of intent to discipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP Association representative as well as by an attorney or professional representative if he/she choosesthey choose. Under no circumstances may the employee be represented by more than one SUP Association member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice of intent to discipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the notice of intent, the Notice of Discipline shall set forth the grounds, and facts and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes they wish to appeal the discipline, he/she they must do so in writing by serving a Notice of Appeal to the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director within seven fifteen (715) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

Pre-Action Due Process. Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a notice Notice of intent Intent to discipline Discipline by their manager or department headDepartment Head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the disciplineto which the employee is entitled by lawdiscipline. The notice Notice of intent Intent to discipline Discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice Notice of intent Intent will advise the employee of his/her their right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed. If the employee chooses to respond in writing, he/she they must einsure his/her ensure their response is received by the representative who issued the notice Notice of intent Intent to discipline Discipline within seven (7) calendar days of receiving the notice Notice of intent Intent to disciplineDiscipline. If the employee wishes to respond orally, he/she they must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice Notice of intent Intent to discipline Discipline informing the representative that he/she wishes they wish to have an oral response. The City representative will advise the employee when the meeting (known as a Xxxxxx meeting) will take place. At the Xxxxxx meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Xxxxxx meeting is not a hearing. It is an opportunity for the employee and/or his/her their representative to respond to the notice Notice of intent Intent to disciplineDiscipline. The employee may be represented at the Xxxxxx meeting by one on-duty SUP representative as well as by an attorney or professional representative if he/she choosesthey choose. Under no circumstances may the employee be represented by more than one SUP member at the Xxxxxx meeting. The City representative who will hear the response may or may not be the person who issued the notice Notice of intent Intent to disciplineDiscipline. The decision will either be to impose the proposed discipline, impose no discipline discipline, or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the notice Notice of intentIntent, the Notice of Discipline shall set forth the grounds, and facts facts, and evidence supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes they wish to appeal the discipline, he/she they must do so in writing by serving a Notice of Appeal to the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director within seven (7) calendar days. The Notice of Discipline will set forth the effective date of the discipline.

Appears in 1 contract

Samples: Memorandum of Understanding

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