Common use of PRE-DISCIPLINARY REVIEW Clause in Contracts

PRE-DISCIPLINARY REVIEW. If, following an investigation, an Appointing Authority, or designee, proposes that a permanent employee be dismissed, suspended, or demoted, the following procedure for a Pre-Disciplinary Review before the proposed action must be followed: A Pre-Disciplinary Review must be scheduled on the employee's behalf unless waived in writing by the employee pursuant to Subsection 2. The Pre-Disciplinary Review must be scheduled to take place not earlier than seven (7) working days after the HR-41 is delivered to the employee. The Pre-Disciplinary Review must aet be scheduled on a day which is net a regular working day for the employee. If the Appointing Authority, or designee, and the employee agree, the date of the Pre-Disciplinary Review may be changed. The employee may waive the right to a Pre-Disciplinary Review before the proposed action in writing. If the employee makes such a waiver, they may not be dismissed, suspended, or demoted before the proposed effective date set forth in the HR-41. The waiver does not waive the employee's right to file a grievance or appeal after the action is taken. The Appointing Authority, or designee, shall conduct the Pre-Disciplinary Review. Any designated representative must be a person with the authority to recommend a final decision to the Appointing Authority. The Appointing Authority, or designee, shall render the final decision. At any time after receiving the HR-4 l and before the Pre-Disciplinary Review, the employee may inspect any evidence in the possession of the Department or Division and submit a response. The Department or Division must consider any such response before making a recommendation to impose punitive action against the employee. The employee may request Administrative Leave with pay for up to eight (8) hours to prepare for a Pre-Disciplinary Review regarding a suspension, demotion, or dismissal. This process is an informal proceeding between the Appointing Authority, or designee, and the employee and their representative(s), who meet together to discuss the proposed disciplinary action. The employee will be given an opportunity to rebut the allegations against them and provide mitigating information. Witnesses are not allowed to attend. The employee may respond both orally and in writing at the Pre-Disciplinary Review. The employee must be:

PRE-DISCIPLINARY REVIEW. ‌ If, following an investigation, an Appointing Authority intends to recommend that the employee who was the subject of the investigation be suspended, demoted, or dismissed, the Appointing Authority must notify the employee of such fact and give the employee and/or any representative of the employee a reasonable opportunity to inspect any evidence in the possession of the Employer and submit a response. The Appointing Authority must consider any such response before making a recommendation to impose a suspension, demotion, or dismissal against the employee. If the Appointing Authority recommends a suspension, demotion, or dismissal be imposed against the employee and the employee appeals the recommendation to impose a suspension, demotion, or dismissal, the employee and/or any representative of the employee may review and copy the entire file concerning the internal investigation, including, without limitation, any evidence, recordings, notes, transcripts of interviews, and documents contained in the file. If, following an investigation, an Appointing Authority, or designee, proposes that a permanent employee be dismissed, suspended, or demoted, the following procedure for a Pre-Disciplinary Review before the proposed action must be followed: A Pre-Disciplinary Review must be scheduled on the employee's ’s behalf unless waived in writing by the employee pursuant to Subsection 2as outlined below. The Pre-Disciplinary Review must be scheduled to take place not earlier than seven (7) working days after the HR-41 is delivered to the employeeor deemed received. The Pre-Disciplinary Review must aet not be scheduled on a day which is net not a regular working day for the employee. If the Appointing Authority, or designee, and the employee agree, the date of the Pre-Disciplinary Review may be changed. The employee must be afforded the right to have a lawyer or any other representative of the employee’s choosing present at any time of the Pre-Disciplinary Review, including without limitation, a lawyer, a representative of any labor union, or another peace officer. The employee may waive the right to a Pre-Disciplinary Review before the proposed action in writing. If the employee makes such a waiver, they may not be dismissed, suspended, or demoted before the proposed effective date set forth in the HR-41. The waiver does not waive the employee's ’s right to file a grievance or appeal after the action is taken. The Appointing Authority, or designee, shall conduct the Pre-Disciplinary Review. Any designated representative must be a person with the authority to recommend a final decision to the Appointing Authority. The Appointing Authority, or designee, shall render the final decision. At any time after receiving the HR-4 l and before the Pre-Disciplinary Review, the employee may inspect any evidence in the possession of the Department or Division and submit a response. The Department or Division must consider any such response before making a recommendation to impose punitive action against the employee. The employee may request Administrative Leave with pay for up to eight (8) hours to prepare for a Pre-Disciplinary Review regarding a suspension, demotion, or dismissal. This process is an informal proceeding between the Appointing Authority, or designee, and the employee and their representative(s), who meet together to discuss the proposed disciplinary action. The employee will be given an opportunity to rebut the allegations against them and provide mitigating information. Witnesses are not allowed to attend. The employee may respond both orally and in writing at the Pre-Disciplinary Review. The employee must be:: Given a copy of the finding or recommendation, if any, resulting from the Pre- Disciplinary Review; and, Notified in writing of the Appointing Authority's, or designee’s, decision regarding the proposed action on or before the effective date of the action. The effective date of the action is the first day the disciplinary action takes effect. If the Appointing Authority cannot provide such a decision on or before the proposed effective date, the proposed effective date will be extended to allow for the Appointing Authority to complete the decision-making process and the employee will be notified of the final effective date.

PRE-DISCIPLINARY REVIEW. If, following an investigation, an Appointing Authority, or designee, proposes that a permanent employee be dismissed, suspended, or demoted, the following procedure for a Pre-Disciplinary Review before the proposed action must be followed: A Pre-Disciplinary Review must be scheduled on the employee's behalf unless waived in writing by the employee pursuant to Subsection 2. The Pre-Disciplinary Review must be scheduled to take place not earlier than seven (7) working days after the HR-41 is delivered to the employeeor deemed received. The Pre-Disciplinary Review must aet be scheduled not bescheduled on a day which is net not a regular working day for the employee. If the Appointing Authority, or designee, and the employee agree, the date of the Pre-Pre- Disciplinary Review may be changed. The employee may waive the right to a Pre-Disciplinary Review before the proposed action in writing. If the employee makes such a waiver, they may not be dismissed, suspended, or demoted before the proposed effective date set forth in the HR-41. The waiver Thewaiver does not waive the employee's right to file a grievance or appeal after the action is taken. The Appointing Authority, or designee, shall conduct the Pre-Disciplinary Review. .Any designated representative must be a person with the authority to recommend a final decision to the Appointing Authority. The Appointing Authority, or designee, shall render the final decision. At any time after receiving the HR-4 l HR-41 and before the Pre-Disciplinary Review, the employee may inspect any evidence in the possession of the law enforcement Department or Division and submit a response. The law enforcement Department or Division orDivision must consider any such response before making a recommendation to impose punitive action against the employee. The employee may request Administrative Leave with pay for up to eight (8) hours to prepare toprepare for a Pre-Disciplinary Review regarding a suspension, demotion, or dismissal, which shall be granted unless there is good reason not to grant the request. This process is an informal proceeding between the Appointing Authority, or designee, and the employee and their representative(s), who meet together to discuss the proposed disciplinary action. The employee will be given an opportunity to rebut the rebutthe allegations against them and provide mitigating information. Witnesses are not allowed to attend. The employee may respond both orally and in writing at the Pre-Disciplinary Review. The employee must be:: Given a copy of the finding or recommendation, if any, resulting from the Pre-Disciplinary Review; and, Notified in writing of the Appointing Authority's, or designee's, decision regarding the proposed action on or before the effective date of the action. The effective date of the action is the first day the disciplinary action takes effect. Prior to the Pre-Disciplinary Review hearing, the investigation file and employee filefor the target of the investigation shall be electronically transmitted to his or her attorney or representative.