Common use of Pre-Disciplinary Rights Clause in Contracts

Pre-Disciplinary Rights. (a) Prior to the imposition of discipline (Suspension, Demotion, or Dismissal), the Chief Human Resource Officer shall give written notice to the classified employee. This written Notice of Proposed Disciplinary Action shall be served by certified mail or personal delivery to the classified employee at least ten (10) calendar days prior to the date when discipline may be imposed. In emergency situations where it is deemed appropriate to remove the classified employee immediately, the classified employee shall not lose compensation prior to the date when discipline may commence. Discipline may be imposed if the request for a pre-discipline hearing is waived or after the pre-disciplinary hearing is concluded. (b) The written Notice of Proposed Disciplinary Action shall be served by certified mail or personal delivery. Service by certified mail shall be deemed complete on the date of mailing. The contents of the written notice shall include at least the following: 1. A statement in ordinary and concise language of the specific acts and omissions upon which the proposed disciplinary action is based. Such statement may incorporate by reference the acts and omissions described in attached memoranda or other attached documents. 2. The specific disciplinary action proposed. 3. The cause(s) or reason(s) for the specific disciplinary action proposed. 4. A copy of the applicable regulation(s) where it is claimed a violation of regulation(s) took place. 5. A statement that the classified employee has the right to respond to the matters raised in the written notice both orally and in writing, prior to the end of the ten (10) calendar days following the date the written notice was served. 6. A statement that the classified employee, upon request, is entitled to appear personally before the Chief Human Resource Officer regarding the matters raised in the written notice prior to the end of the ten (10) calendar days following the date the written notice was served. At such meeting, the classified employee shall be granted a reasonable opportunity to make any representations the classified employee believes are relevant to the cause. 7. Within five (5) work days after the hearing before the Chief Human Resource Officer, the classified employee shall be advised of the decision in writing. The decision to uphold, modify, or overturn the recommended discipline shall contain the reasons for the decision within the document.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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