Pre-Disciplinary Procedures. Before imposing a demotion, suspension or discharge on an employee, the Employer shall hold a Xxxxxxxxxx due process conference with the employee to give the employee an opportunity to learn the reasons for the intended disciplinary action and to explain his/her behavior. If the Employer determines that the employee’s continued employment prior to the conference poses a danger to persons or property or a threat of disrupting operations, and the conference is not held within seventy-two (72) hours after the Employer requests to schedule the conference, the Employer may then suspend the employee without pay pending the conference to determine final disciplinary action. If after the conference, the Employer determines suspension is not warranted, the employee will be reimbursed for any pay lost due to a pre-conference suspension.
Pre-Disciplinary Procedures. A. An employee who will be investigated for possible misconduct by the Labor Relations Unit shall be notified by management within fifteen (15) working days of the start of the formal disciplinary investigation by the Labor Relations Unit. Management shall make every effort to complete the investigation within sixty (60) days. If the investigation will take longer to complete, management shall update the employee and the Union every thirty (30) days until the investigation is completed. The time limits identified in this section are not grievable.
B. Following the completion of the employer’s formal disciplinary investigation where formal discipline (demotion, suspension or termination) is being recommended, the appropriate authority shall prepare a Written Notice of Recommended Disciplinary action to be served on the employee in person or by registered mail. A copy will be sent to the Union and Labor Relations Unit. No Written Notice of Recommended Disciplinary action shall be required for informal discipline (counseling, oral and written reprimands).
C. For matters of formal discipline (demotion, suspension, or termination), the appropriate level of authority for preparing such recommended discipline shall be the Appointing Authority or designee in consultation with the Labor Relations Unit. For all informal disciplinary matters (counseling, oral and written reprimands), the appropriate level of authority for preparing such recommended discipline shall be the applicable manager in consultation with the Labor Relations Unit.
D. The Written Notice of Recommended Disciplinary action shall state the specific grounds and facts upon which the action is based and will be provided to the employee, Union, and the Labor Relations Unit.
E. Copies of any known materials, reports, or other documents upon which the intended action is based shall be served with the Written Notice of Recommended Disciplinary action to the employee, and copies shall be provided to the Union and the Labor Relations Unit.
F. Employee shall be accorded the right to respond in writing to the Written Notice of Recommended Disciplinary action, and any such written response shall be served by employee within fifteen (15) working days from the District’s service of the Written Notice of Recommended Disciplinary action. A copy of any such written response will be provided to the Union.
G. For matters of formal discipline, (suspension, demotion, termination), within fifteen
Pre-Disciplinary Procedures. Prior to the imposition of disciplinary action against a permanent, non-probationary employee that may result in suspension, demotion, or dismissal, the responsible supervisor or designee shall advise the employee that such action may be taken, and that a meeting will be held to discuss the matter, at which time the employee shall be entitled to be accompanied by a Union representative in accordance with the provisions of California Government Code Section 3303. Release time for such representation shall not be provided, unless required by applicable statute. Nonavailability of the employee or representative for more than a reasonable time shall not delay appropriate action, if any. This right shall not extend to routine conferences, or any other meetings or to any conferences conducted under the evaluation procedures of Article X.
Pre-Disciplinary Procedures. The following procedures apply prior to the imposition of any disciplinary action which involves loss of salary.
a. The City shall give the employee written notice of the proposed disciplinary action, which shall include the reasons for the proposed action and the dates on which it will be effective. The notice shall also advise the employee of his/her right to have a WCEA representative present during this pre-disciplinary meeting.
b. The City shall provide to the employee, or allow the employee access to, any materials upon which the action is based. Upon request, the employee's representative shall also be provided with, or allowed access to, such materials.
c. The City shall afford the employee the right to respond in person, in writing, or both, to the proposed disciplinary action. If the employee elects to respond in person, a meeting shall be conducted at which the employee shall be given the opportunity to rebut the reasons for the proposed disciplinary action.
d. The employee shall be allowed no more than eight (8) work days to respond to the disciplinary charges including a request for meeting. The meeting shall be held generally not less than five (5) calendar days after the request for meeting.
e. The meeting shall be held by the authority imposing the discipline or, if the employee chooses, before a City department or division head who is not familiar with the facts surrounding the disciplinary action. The department or division head shall be selected by the City. After the meeting on the matter, the person so selected shall submit a written recommendation to the authority proposing to impose the disciplinary action, with a copy to the employee and the WCEA.
f. In emergency circumstances wherein immediate suspension is necessary to protect the public service or public interest, the above procedures need not be followed prior to the imposition of disciplinary action but shall be followed as soon as practical after the action has been taken.
Pre-Disciplinary Procedures. A. Before a non-probationary employee is suspended, demoted or dismissed, he/she shall be entitled to a hearing before an administrative hearing officer appointed by the Director of Employee and Labor Relations. Before the hearing, the University will provide the hearing officer with only the notice of the hearing and such other information as the hearing officer has a reasonable need to know. The Union may not contact the hearing officer in advance of the hearing regarding the case. The employee will be advised of his/her right to such hearing at the time he/she is presented with the written charge(s) setting forth the allegations which could result in discipline. A copy of such charges, the pre-disciplinary packet (including any pertinent GPS data or video footage}, and notice of hearing date shall also be presented to the Local Union President and Ohio Council 8 Staff Representative. Such charges may be for a series of events or for a single event. Charges shall be presented to the employee within thirty (30) calendar days of University knowledge of the event or the latest of the series of events alleged or relied upon. Nothing in this paragraph shall prohibit the University from taking disciplinary action against an employee(s) as a result of a local, state and or federal investigation, or internal audit, or OEEO investigation that is concluded more than thirty (30) calendar days after the latest of events ultimately alleged or relied upon by the University.
B. Unless extended by mutual agreement of the Union or the employee and the University, the pre- disciplinary administrative hearing will be conducted at a date and time that allow at least five (5) working days from the employee's receipt of written charges, thus allowing the Union and the University time to prepare for the hearing. The hearing officer will render his/her recommendation(s) to the Associate Vice President of Human Resources within seven (7) calendar days of the hearing. The hearing date, time and place shall be scheduled by management. The Associate Vice President of Human Resources will render a decision within twenty-one (21) calendar days from the date of the hearing officer's recommendation. A copy of the decision shall be sent to the employee, Local Union President and Ohio Council 8 Staff Representative.
C. An employee shall have the right to Union representation at the pre-disciplinary hearings, or may choose to present his/her own case. If the employee chooses to represent ...
Pre-Disciplinary Procedures. A. Before a non-probationary employee is suspended, demoted or dismissed, he/she shall be entitled to a hearing before an administrative hearing officer appointed by the Chief Human Resources Officer. Before the hearing, the University will provide the hearing officer with only the notice of the hearing and such other information as the hearing officer has a reasonable need to know. Sim- ilarly, the Union may not contact the hearing officer in advance of the hearing regarding the case. The employee will be advised of his/her right to such hearing at the time he/she is presented with the written charge(s) setting forth the allegations which could result in discipline. A copy of such charges and notice of hearing date shall also be presented to the Local Union President and Ohio Council 8 Staff Representative. Such charges may be for a series of events or for a single event. Charges shall be presented to the employee within thirty (30) calendar days of University knowledge of the event or the latest of the series of events alleged or relied upon. Nothing in this paragraph shall prohibit the University from taking disciplinary action against an employee(s) as a result of a local, state and or federal investigation, or internal audit, or OEEO investigation that is concluded more than thirty (30) calendar days after the latest of events ultimately alleged or relied upon by the University.
B. Unless extended by mutual agreement of the Union or the employee and the University, the pre- disciplinary administrative hearing will be conducted on the first or third Friday of each month at 2:00 pm allowing at least five (5) working days from the employee's receipt of written charges, thus allowing the Union and the University to prepare for the hearing, the hearing officer will render his/her recommendation(s) to the University's Chief Human Resources Officer within seven
Pre-Disciplinary Procedures. In the case of a termination, demotion, suspension, reduction in salary, or involuntary disciplinary demotion, the following pre-disciplinary procedures shall apply:
3.03.1 The City shall notify the employee in writing of the following:
(a) The proposed disciplinary action;
(b) The nature of the charges and/or violation of City ordinances, resolutions, written procedures, municipal code, or departmental regulations and policies;
(c) The reasons for the proposed action;
(d) The materials upon which the action is based;
(e) The opportunity of the employee to respond to the charge(s) in writing and/or in person before a designated City representative at a specified place and time; and
(f) The right of the employee to have a representative present at any disciplinary meeting or hearing.
3.03.2 Any employee who desires to respond orally may do so by appearing at the appointed place and time. However, the employee is not entitled to an evidentiary hearing, and the sole purpose of the meeting shall be to hear the response of the employee to the charges. The employee shall be entitled to representation, but shall not be entitled to present witnesses, unless the City determines that the presentation of witnesses is necessary.
3.03.3 In the event that the employee is unable to respond to the charges within the time permitted, and demonstrates the reasonableness of a continuance, the City may grant a continuance.
3.03.4 As soon as practical after the employee has had an opportunity to present a response, the City shall notify the employee in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. Said notification shall also advise the employee of any right of appeal.
Pre-Disciplinary Procedures. Pre-Disciplinary Procedures Applicable to All Regular Employees (Applies only to Demotions, Suspensions, Dismissals):
(a) When the decision has been made by the Department Head that disciplinary action might be taken against an employee, the City Administrator shall be contacted so that all disciplinary procedures are followed. The Department Head and/or City Administrator will then prepare a notice of intended disciplinary action to be given to the employee which shall include as attachments:
(1) A written copy of the charges being made;
(2) The grounds for such charges;
(3) All documents which support such action;
(4) The type of disciplinary action intended;
(5) Copies of Personnel Rules violated and appeal procedures.
(b) Notice shall also include a statement advising the employee that he/she may respond to the charges either verbally or in writing within a reasonable, specified time period which will not exceed ten (10) days starting from the date of receipt of the notice.
(c) The Department Head and/or City Administrator shall make themselves available to hear verbal responses or answers to the proposed disciplinary actions and/or consider written responses submitted by the employee.
(d) All information supplied by the employee in response to the proposed action will be considered by the Department Head and/or City Administrator prior to making a final decision on what disciplinary action is appropriate.
(e) During the pre-disciplinary hearing, employees may be represented by a representative of their choice. However, the employee shall only have the right to show cause, if any, why the proposed disciplinary action should not be taken. The employee shall be allowed to see all documents and material which are being considered to support the proposed disciplinary action.
(f) Upon completing the pre-disciplinary procedures, the Department Head and/or City Administrator may resolve the matter without taking disciplinary action, or take the proposed action, or modified action as may seem appropriate.
(g) If disciplinary action is taken, the employee shall be advised in writing of his/her right of appeal in accordance with Section 6.1
Pre-Disciplinary Procedures. Prior to implementing a demotion, suspension, or dismissal action, the affected employee shall have delivered personally or by certified mail a written notice signed by the Vice Chancellor for Human Resources and Employee Relations of the proposed action which includes:
1. The reasons for the proposed action.
2. A copy of the charges and materials on which the action is based, and
3. The right to respond, either orally or in writing, and time limits for this response.
Pre-Disciplinary Procedures. 24.10.1 The disciplined, or dismissed unit member, shall be informed in writing of the specific charges against him/her, a statement of his/her right to a Xxxxxx Hearing on such charges, and the time frame within which a hearing may be requested, which shall be not less than five (5) working days after service of the notice to the unit member.
24.10.2 A Xxxxxx Hearing may be held at the request of the employee. This conference will be conducted by the Vice President of Administrative Services or his/her designee. The purpose of the Xxxxxx process is to ensure the employee is given opportunity to present relevant information prior to the implementation of discipline.
