Procedures for When the Union Contends That A Judiciary Named Witness May Have A Credibility Issue Sample Clauses

Procedures for When the Union Contends That A Judiciary Named Witness May Have A Credibility Issue. 1. The Union shall, at least 20 days prior to the commencement of the hearing send a letter to the Appointing Authority/Judiciary Manager (“Manager”) that it has a reasonable basis to question a Judiciary named witness’s credibility, and that it further believes that the alleged credibility issue may stem from certain disciplinary actions to which the Judiciary named witness was subject. The Union’s letter shall provide an “offer of proof” as to how the requested disciplinary record(s) may demonstrate a lack of credibility on the part of the Judiciary’s named witness. The offer of proof shall include a date range for the record(s) sought. 2. The Manager shall promptly review the Union’s letter request, and shall advise the Union by letter, within five days after the receipt of the Union’s letter, as to whether it agrees or disagrees that the requested disciplinary records may be relevant as to the credibility of the Judiciary named witness. 3. If the Manager agrees that the requested records may be relevant, the Manager shall provide the Union with the following: Preliminary Notice(s) of Disciplinary Action, and Final Notice(s)
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Procedures for When the Union Contends That A Judiciary Named Witness May Have A Credibility Issue. 1. The Union shall, at least 20 days prior to the commencement of the hearing send a letter to the Appointing Authority/Judiciary Manager (“Manager”) that it has a reasonable basis to question a Judiciary named witness’s credibility, and that it further believes that the alleged credibility issue may stem from certain disciplinary actions to which the Judiciary named witness was subject. The Union’s letter shall provide an “offer of proof” as to how the requested disciplinary record(s) may demonstrate a lack of credibility on the part of the Judiciary’s named witness. The offer of proof shall include a date range for the record(s) sought. 2. The Manager shall promptly review the Union’s letter request, and shall advise the Union by letter, within five days after the receipt of the Union’s letter, as to whether it agrees or disagrees that the requested disciplinary records may be relevant as to the credibility of the Judiciary named witness. 3. If the Manager agrees that the requested records may be relevant, the Manager shall provide the Union with the following: Preliminary Notice(s) of Disciplinary Action, and Final Notice(s) of Disciplinary Action. 4. If the Manager disagrees that the requested records may be relevant, he/she must set forth, in his/her letter to the Union, all reasons that he/she disagrees that the requested records may be relevant. 5. No Later than five days after receipt of the Manager’s letter, the Union may present the discovery dispute, in writing to the assigned hearing officer, for resolution. The Union shall provide to the hearing officer its letter to the Manager, and the Manager’s response thereto. 6. If the parties mutually agree, the hearing officer may convene a telephone conference about the dispute. The hearing officer may also seek to review the requested records in camera, prior to ruling on the dispute. 7. In ruling on the dispute, the hearing officer will consider whether the requested records could reasonably bear upon the credibility of the Judiciary named witness. If the hearing officer determines that the records could reasonably bear upon the witness’s credibility, then the records as specified in paragraph D.3. above, will be disclosed; if the hearing officer determines that they could not, then the records will not be disclosed. The decision of the hearing officer is final, and not subject to the grievance procedure set forth in Article 10. 8. In the event that the Judiciary’s list of witnesses is provided less...
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