Common use of Pre-Disciplinary Conference Clause in Contracts

Pre-Disciplinary Conference. A. If the Sheriff believes that an employee may have committed a violation that could result in a suspension (without pay), reduction, or discharge, a pre-disciplinary conference will be conducted by the Sheriff or his designee within the Sheriff’s Office to give the employee an opportunity to offer an explanation. B. Not less than seventy-two (72) hours prior to the conference, the employee will be provided with a written Notice of Pre-Disciplinary Conference, summarizing the alleged violation. This notice may be personally delivered or mailed (certified, with return receipt requested) to the employee. The employee may choose to: (1) appear at the conference to present an oral or written explanation; (2) appear at the conference and have a chosen representative present an oral or written explanation; or (3) waive the pre- disciplinary conference (in writing). C. An employee, who elects to attend the conference and present an explanation, or who is questioned by the Employer must answer all questions truthfully. If any employee responds untruthfully at the conference, such dishonesty may result in disciplinary action. If the employee is the target of a criminal investigation, his constitutional rights shall be observed. D. At the conference, the employee may present statements, witnesses, or documents that are relevant and material to the alleged violation. The employee may be represented by an OPBA attorney and/or director. The employee shall provide a list of witnesses to the hearing officer not later than one (1) hour prior to the start of the conference. The employee is responsible for notifying his witnesses that their attendance is desired. E. If the Sheriff’s designee, as provided in Section A is utilized, he will prepare a written summary of the conference and provide the summary to both the Sheriff and the employee with copies thereof within ten (10) consecutive calendar days following conclusion of the conference. The employee’s copy of the summary may be mailed to him. The hearing officer will limit his recommendation as to whether or not discipline is warranted. After the conference and after receipt of the hearing officer’s summary, the Sheriff will decide what discipline, if any, is appropriate.

Pre-Disciplinary Conference. A. If the Sheriff believes that an employee may have committed a violation that could result in a suspension (without pay), reduction, or discharge, a pre-disciplinary conference will be conducted by the Sheriff or his designee within the Sheriff’s Office to give the employee an opportunity to offer an explanation. B. Not less than seventy-two (72) hours prior to the conference, the employee will be provided with a written Notice of Pre-Disciplinary Conference, summarizing the alleged violation. This notice may be personally delivered or mailed (certified, with return receipt requested) to the employee. The employee may choose to: (1) appear at the conference to present an oral or written explanation; (2) appear at the conference and have a chosen representative present an oral or written explanation; or (3) waive the pre- pre-disciplinary conference (in writing). C. An employee, who elects to attend the conference and present an explanation, or who is questioned by the Employer must answer all questions truthfully. If any employee responds untruthfully at the conference, such dishonesty may result in disciplinary action. If the employee is the target of a criminal investigation, his constitutional rights shall be observed. D. At the conference, the employee may present statements, witnesses, or documents that are relevant and material to the alleged violation. The employee may be represented by an OPBA attorney and/or director. The employee shall provide a list of witnesses to the hearing officer not later than one (1) hour prior to the start of the conference. The employee is responsible for notifying his witnesses that their attendance is desired. E. If the Sheriff’s designee, as provided in Section A is utilized, he will prepare a written summary of the conference and provide the summary to both the Sheriff and the employee with copies thereof within ten (10) consecutive calendar days following conclusion of the conference. The employee’s copy of the summary may be mailed to him. The hearing officer will limit his recommendation as to whether or not discipline is warranted. After the conference and after receipt of the hearing officer’s summary, the Sheriff will decide what discipline, if any, is appropriate.

Pre-Disciplinary Conference. A. If Prior to the Sheriff believes that an employee may have committed a violation that could result in imposition of a suspension of three (without pay), reduction3) days or more, or dischargea termination, the Employer shall give written notice of a pre-disciplinary conference will be conducted by to the Sheriff affected employee and the Union. The written notice shall set forth the recommended disciplinary action, a statement of the acts or his designee within the Sheriff’s Office to give omissions of the employee an opportunity to offer an explanation. B. Not less than seventy-two (72) hours prior giving rise to the conferencediscipline and the date, the employee will be provided with a written Notice of Pre-Disciplinary Conference, summarizing the alleged violation. This notice may be personally delivered or mailed (certified, with return receipt requested) to the employee. The employee may choose to: (1) appear at the conference to present an oral or written explanation; (2) appear at the conference time and have a chosen representative present an oral or written explanation; or (3) waive the pre- disciplinary conference (in writing). C. An employee, who elects to attend the conference and present an explanation, or who is questioned by the Employer must answer all questions truthfully. If any employee responds untruthfully at the conference, such dishonesty may result in disciplinary action. If the employee is the target of a criminal investigation, his constitutional rights shall be observed. D. At the conference, the employee may present statements, witnesses, or documents that are relevant and material to the alleged violation. The employee may be represented by an OPBA attorney and/or director. The employee shall provide a list of witnesses to the hearing officer not later than one (1) hour prior to the start place of the conference. The notice shall also state that the employee is responsible for notifying his witnesses that their attendance is desired. E. If has a right to Union representation at the Sheriff’s designee, as provided conference. The conference will be held at a location determined by the Employer. The conference shall be scheduled no earlier than three (3) calendar days following the notice to the employee. Failure to appear at the conference will result in Section A is utilized, he will prepare a waiver of the right to a conference. An employee or his/her representative may make a written summary request for a continuance of up to forty-eight (48) hours. A continuance shall not be unreasonably requested or denied. The parties may mutually agree to a continuance longer than forty-eight (48) hours. At the beginning of the conference conference, the Employer shall present the reasons for the proposed disciplinary action. The employee shall then be afforded an opportunity to respond to the charges and provide to present reasons why discipline should not be imposed. Prior to the summary to both meeting, the Sheriff employee and his/her representative shall be informed in writing of the reasons for the contemplated discipline and the possible form of discipline. The Appointing Authority’s designee shall conduct the meeting. The Union and/or the employee with copies thereof within shall be given the opportunity to comment, refute or rebut. At the discretion of the Employer, in cases where a criminal investigation may occur, the pre- discipline meeting may be delayed until after disposition of the criminal charges. Within ten (10) consecutive calendar work days following conclusion after the conference, the Employer shall notify the employee and the Union of the conferencefinal disposition of the matter. Notification of final disposition may be extended for a reasonable time, with written notice to the Union. It is agreed by the parties that the pre-disciplinary conference procedure is intended to give an employee an opportunity to respond to charges prior to the imposition of discipline and is not a substitute for the grievance and arbitration procedure. The employee’s copy of the summary pre-disciplinary conference may be mailed to him. The hearing officer will limit his recommendation as to whether or not discipline is warranted. After recorded only upon mutual agreement of all the conference and after receipt of the hearing officer’s summary, the Sheriff will decide what discipline, if any, is appropriateparticipants.