Timelines for Discipline. (a) No disciplinary action shall be taken based solely upon any cause which arose prior to the employee’s becoming permanent.
(b) If the Department determines that discipline will be taken, it will notify the employee of its proposed disciplinary action within one (1) year after the District discovers the act, omission, or misconduct giving rise to the disciplinary action, except in any of the following circumstances: • If the employee voluntarily waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. • If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. • If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies. • If the investigation involves a employee who is incapacitated or otherwise unavailable. • If the investigation involves a matter in civil litigation where the employee is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. • If the investigation involves a matter in criminal litigation in which the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant's criminal investigation and prosecution. • If the investigation involves an allegation of workers' compensation fraud on the part of the firefighter. • If, after investigation and any pre-disciplinary response or procedure, the District shall notify the firefighter in writing of its decision to impose discipline within thirty (30) days of its decision, but not less than forty- eight (48) hours prior to imposing the discipline.
Timelines for Discipline. No complaint shall be recorded against an employee nor may be used against him/her at any time unless said employee and the Union are advised accordingly within eight (8) calendar days of the Company's first knowledge of the incident or occurrence, giving rise to the grievance or complaint. In circumstances where an investigation cannot reasonably be completed within the above stated eight (8) calendar days, the Company may request a time limit extension, which the Union shall not unreasonably deny.
Timelines for Discipline. No complaint shall be recorded against an Employee/Dependent Contractor nor may be used against them at any time unless said Employee/Dependent Contractor and the Union are advised accordingly within eight (8) calendar days of the Company's first knowledge of the incident or occurrence, giving rise to the grievance or complaint. In circumstances where an investigation cannot reasonably be completed within the above stated eight (8) calendar days, the Company may request a time limit extension, which the Union shall not unreasonably deny.
