Common use of Pre-Disciplinary Hearing Clause in Contracts

Pre-Disciplinary Hearing. i. Upon receipt of a notice of proposed discipline, the employee may request a pre- disciplinary hearing. The request for a pre-disciplinary hearing must be filed with the Department Head, and a receipt provided to the employee, within five (5) working days of serving of the notice of proposed discipline. ii. If the employee does not file a request for a pre-disciplinary hearing, the final decision- maker may implement the proposed discipline or any lesser discipline. iii. Following receipt of a request for a pre-disciplinary hearing, the Department Head or his/her designee shall have ten (10) working days to set a date for the pre-disciplinary hearing. The Department Head, or his/her designee will attempt to hold the hearing at a time convenient to the employee and his/her representative or counsel; provided, however, that in no event shall the hearing be scheduled later than thirty (30) calendar days after delivery to the employee of the notice of proposed discipline. iv. The pre-disciplinary hearing shall be informal. v. Participation shall be limited to the employee, and up to two (2) representatives of his/her choosing, including but not limited to a lawyer, representative of a labor union or another peace officer, the Department Head, and/or his/her designee, the supervisor(s) who made the discipline request, counsel for the Department, and any witnesses called by the supervisor or the employee. All participants will sign a non- disclosure agreement. vi. The Department Head, or his/her designee, shall not have the authority to modify, amend, alter, add to, or subtract from any of the provisions of this Agreement. vii. Each party shall bear its own costs of presentation.

Pre-Disciplinary Hearing. i. Upon receipt of a notice of proposed discipline, the employee may request a pre- disciplinary hearing. The request for a pre-disciplinary hearing must be filed with the Department Head, and a receipt provided to the employee, Head within five (5) working days of serving of the notice of proposed discipline. ii. If the employee does not file a request for a pre-disciplinary hearing, the final decision- maker may implement the proposed discipline or any lesser discipline. iii. Following receipt of a request for a pre-disciplinary hearing, the Department Head or his/her designee shall have ten (10) working days to set a date for the pre-disciplinary hearing. The Department Head, or his/her designee will attempt to hold the hearing at a time convenient to the employee and his/her representative or counsel; provided, however, that in no event shall the hearing be scheduled later than thirty (30) calendar days after delivery to the employee of the notice of proposed discipline without consent of the employee or his/her designee. In the event The Department Head receives additional material for consideration after issuing the proposed discipline, the Department Head must provide the additional information to the employee. Upon receipt of the additional material, either side may provide notice, with a written explanation of the basis, that the hearing will be continued up to thirty (30) additional days or longer period if such longer period is agreed to by the parties. The six (6) month deadline in section 13(6)(c)(i) shall be tolled during the time of any delay in the hearing pursuant to this section 13 (6)(b)(iii). iv. The pre-disciplinary hearing shall be informal. v. Participation shall be limited to the employee, and up to two (2) representatives of his/her choosing, including but not limited to a lawyer, representative of a labor union or another peace officer, the Department Head, and/or his/her designee, the supervisor(s) who made the discipline request, counsel for the Department, and any witnesses called by the supervisor or the employee. All participants will sign a non- non-disclosure agreement. vi. The Department Head, or his/her designee, shall not have the authority to modify, amend, alter, add to, or subtract from any of the provisions of this Agreement. vii. Each party shall bear its own costs of presentation.

Pre-Disciplinary Hearing. i. Upon receipt of a notice of proposed discipline, the employee may request a pre- disciplinary hearing. The request for a pre-disciplinary hearing must be filed with the Department Head, and a receipt provided to the employee, Head within five (5) working days of serving of the notice of proposed discipline. ii. If the employee does not file a request for a pre-disciplinary hearing, the final decision- maker may implement the proposed discipline or any lesser discipline. iii. Following receipt of a request for a pre-disciplinary hearing, the Department Head or his/her designee shall have ten (10) working days to set a date for the pre-disciplinary hearing. The Department Head, or his/her designee will attempt to hold the hearing at a time convenient to the employee and his/her representative or counsel; provided, however, that in no event shall the hearing be scheduled later than thirty (30) calendar days after delivery to the employee of the notice of proposed discipline without consent of the employee or his/her designee. In the event the Department Head receives additional material for consideration after issuing the proposed discipline, the Department Head must provide the additional information to the employee. Upon receipt of the additional material, either side may provide notice, with a written explanation of the basis, that the hearing will be continued up to thirty (30) additional days or longer period if such longer period is agreed to by the parties. The six (6) month deadline in section 13(6)(c)(i) shall be tolled during the time of any delay in the hearing pursuant to this section 13 (6)(b)(iii). iv. The pre-disciplinary hearing shall be informal. v. Participation shall be limited to the employee, and up to two (2) representatives of his/her choosing, including but not limited to a lawyer, representative of a labor union or another peace officer, the Department Head, and/or his/her designee, the supervisor(s) who made the discipline request, counsel for the Department, and any witnesses called by the supervisor or the employee. All participants will sign a non- non-disclosure agreement. vi. The Department Head, or his/her designee, shall not have the authority to modify, amend, alter, add to, or subtract from any of the provisions of this Agreement. vii. Each party shall bear its own costs of presentation.

Pre-Disciplinary Hearing. i. The Department Head or his /her designee shall have thirty (30) calendar days following completion of the investigation in which to render his/her decision about proposed discipline. ii. Upon receipt of a notice of proposed discipline, the employee may request a pre- pre-disciplinary hearing. The request for a pre-disciplinary hearing must be filed with the Department Head, and a receipt provided to the employee, Head within five (5) working days of serving of the notice of proposed discipline. iiiii. If the employee does not file a request for a pre-disciplinary hearing, the final decision- decision-maker may implement the proposed discipline or any lesser discipline. iiiiv. Following receipt of a request for a pre-disciplinary hearing, the Department Head or his/her designee shall have ten (10) working days to set a date for the pre-disciplinary hearing. The Department Head, or his/her designee will attempt to hold the hearing at a time convenient to the employee and his/her representative or counsel; provided, however, that in no event shall the hearing be scheduled later than thirty (30) calendar days after delivery to the employee of the notice of proposed discipline. iv. v. The pre-disciplinary hearing shall be informal. v. vi. Participation shall be limited to the employee, and up to two (2) representatives of his/her choosing, including but not limited to a lawyer, representative of a labor union or another peace officer, the Department Head, and/or his/her designee, the supervisor(s) who made the discipline request, counsel for the Department, and any witnesses called by the supervisor or the employee. All participants will sign a non- disclosure agreement. vivii. No news releases shall be made concerning progress of any hearing. viii. The Department Head, or his/her designee, designee shall not have the authority to modify, amend, alter, add to, or subtract from any of the provisions of this Agreement. viiix. Each party shall bear its own costs of presentation.