Pre-Determination Hearing. The final step of a District-based investigation, is a pre- 29 determination conference. Employees will be given at least two days prior written notice, 30 whenever possible, of the pre-determination conference and shall have the right to have a 31 representative accompany them and present relevant information. Allegations will be reviewed at 32 the pre-determination conference and the employee will be afforded the opportunity to respond.
Pre-Determination Hearing. Employees will be given at least five (5) days written notice, whenever 36 possible, of a pre-determination hearing. Employees shall have the right to representation and the 37 employee may present relevant information in their defense. Allegations will be reviewed at the pre- 38 determination hearing and the employee will be provided an opportunity to respond. After all 39 information has been considered, a disciplinary outcome will be rendered. The Association shall have 40 the right to attend all District-based pre-determination hearings.
Pre-Determination Hearing. The final step of a District-based investigation, is a pre- 13 determination conference. Employees will be given at least two days prior written notice, 14 whenever possible, of the pre-determination conference and shall have the right to have a 15 representative accompany them and present relevant information. Allegations will be 16 reviewed at the pre-determination conference and the employee will be afforded the 17 opportunity to respond. After all information has been considered, the Director of 18 Professional Standards and Equity shall make a recommendation of any disciplinary action 19 to the Superintendent. Recommended actions shall be when appropriate, progressive in 20 nature and may include, but are not limited to, verbal warning, letters of warning and 21 reprimand, suspension without pay, retraining or other assistance and termination from 22 employment. A new period of probation shall not be used as a form of action or discipline 23 for an employee that has previously completed his or her probation. Employees subject to 24 disciplinary action as specified in this article shall be entitled to appeal through the 25 grievance process as set forth in Article 4 of the collective bargaining agreement.
Pre-Determination Hearing. An employee against whom charges have been made may be represented at any pre-determination hearing by the Union Xxxxxxx or another Union representative. The City may be represented at such hearing by the representative of its choice.
Pre-Determination Hearing. The pre-determination process shall provide, at a minimum, the following procedural safeguards: • The eligible employee’s right to have representation as stated in Article 4; • Prior to any pre-determination hearing, the eligible employee and his/her representative will be afforded a reasonable opportunity to examine the evidence being relied upon by the City; • The eligible employee will be provided with a notice of the allegations, a statement of the grounds for the allegations and the evidence relied upon; • The eligible employee shall be afforded an opportunity to respond to the allegations; and • The eligible employee will typically be notified of the results of the pre- determination hearing within ten (10) business days (or by the date of their next shift on duty if they are not working on the tenth business day). If rendering a determination will take more than ten (10) business days, the employee will be provided written notice within the ten (10) business day period that the determination will not be available until a later date. If rendering a determination will take more than thirty (30) calendar days, the employee will be also be provided written notice within the thirty (30) calendar day period that the determination will not be available until a later date. If the eligible employee has not been informed regarding the determination of the pre-determination hearing within sixty (60) calendar days after the pre-determination hearing, the eligible employee may request a status report from the SLCFD’s HR Consultant regarding the pre-determination hearing and any determination regarding the charges. Within seven (7) calendar days after receiving the request, the City shall inform the eligible employee of the status of the investigation and the likely time required to resolve C. Remedy the charges presented at the pre-determination hearing. No eligible employee shall be subjected to disciplinary action except upon compliance with the procedural rights provided in this article. Any discipline administered by the City shall be appropriate for the offense and shall take into account the eligible employee’s employment history including any rescinded discipline. The City shall apply its rules, orders and penalties even-handedly and without discrimination. In the event there is a finding by the Fire Chief or designee that these procedural rights have not been substantially complied with, the disciplinary action taken shall be rescinded.
Pre-Determination Hearing. Except in exceptional circumstances (i.e., when the employee’s presence or continued presence on College property may create a danger to College employees, students or the public), an employee who has completed the initial probationary period shall have the right to an informal hearing prior to being placed on non-paid status pending Board action. The employee will receive a written notice of the time and place of the informal hearing. The written notice will include:
(a) the charges (reason(s) for suspension, demotion or the termination) under consideration; and
(b) the general facts which form the basis of the proposed suspension or termination.
(c) the date, time, and place for hearing. An employee may request Union representation during any such pre- determination hearing.
Pre-Determination Hearing. Employees shall receive the benefit of a notice of Pre-Determination Hearing in advance of the hearing itself which notice shall set out the date, time, and location of the Pre-Determination Hearing. The Notice shall be given at least 24 hours in advance of the Pre-Determination Hearing. The Notice shall briefly describe the tentative findings that the Employer has concluded from its investigation and describe that the hearing is an opportunity for the employee to respond to or explain or offer witnesses to address the tentative findings arrived at by the Employer. The employee shall have the right to the assistance of a union representative if they so desire.
Pre-Determination Hearing. 1. An eligible employee and his or her representative will be given a reasonable time to examine all documents which the City will use at the hearing before the pre-determination hearing.
2. Before the pre-determination hearing, the City will provide an eligible employee:
a. Notice of the allegations against the eligible employee;
b. A statement of each allegation’s basis; and
c. What evidence the City will rely on during the pre-determination hearing.
Pre-Determination Hearing. Employees will be given at least five (5) days written
Pre-Determination Hearing. A due process hearing shall be afforded all regular, full-time employees who have successfully completed their probation period prior to termination, demotion, or a suspension. The Fire chief or designee shall notify the affected employee, both orally and in writing, of the Fire Chief’s recommendation to terminate, demote, or suspend the employee from County service, and the Fire Chief’s reason(s) for doing so. This shall be accomplished in the following manner:
a. The Fire Chief or Designee who initiates such action shall complete a Notice of Intent to Terminate, Demote or Suspend Letter. The completed letter shall include reason(s) for terminating, demoting or suspending the employee.
b. Relevant documentation to support the termination, demotion or suspension shall be attached to the “Notice of Intent to Terminate, Demote or Suspend” Letter.
x. Xxxx, time and location of the employee’s pre-disciplinary hearing shall be included in the notice of intent.
d. Within three (3) work days of receipt of the Notice of Intent to Suspend, Demote or Terminate, the employee shall deliver a written memorandum to the Human Resources Director to indicate the employee is requesting a pre-determination hearing, with receipt acknowledged by the Human Resources Department.
e. If the employee does not request a pre-determination hearing, the employee is deemed to have waived the employee’s right to contest the matter as well as any further grievance or appeal options, and the action recommended in the notice of intent shall take effect.
f. The hearing may be continued at the request of either the employee or union representative or the Fire Chief or designee with the approval of the Hearing Officer. Requests to continue the hearing must be submitted to the Hearing Officer and the Human Resources Administrator in writing at least three (3) work days before the hearing date. Continuances shall not be granted to accommodate the schedule of representatives or witnesses. The Human Resources Administrator shall notify all concerned parties of the continuance.
g. Failure of the employee to comply with these procedures or failure to appear at the time and place of the hearing shall result in dismissal of the appeal and any further grievance of the disciplinary action, including arbitration.
h. Following notification of intent to terminate or suspend, the employee may be placed on administrative leave with pay pending the pre-determination hearing outcome.
