Common use of TIMING AND CONDUCT OF HEARING Clause in Contracts

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing shall be private, unless mutually agreed by the parties to be public. b. The employee shall be entitled to be represented by the Association and counsel chosen by the Association; or, if the employee chooses not to be represented by the Association, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearing. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The Association shall have the right to attend the hearing if the Association is not chosen by the employee as his/her representative. e. The appointing authority may also be represented by counsel. f. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. Oral evidence shall be taken only on oath or affirmation. h. A court reporter shall take a transcript of the hearing. i. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing shall be private, unless mutually agreed by the parties to be publica private hearing. b. The employee shall be entitled who is subject to disciplinary action may be represented by the Association and counsel chosen by the Association; or, if the employee chooses not to be represented by the Association, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearingrepresentative of this/her choice. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The Association Sacramento County Alliance of Law Enforcement shall have the right to attend the hearing if the Association Sacramento County Alliance of Law Enforcement is not chosen by the employee as his/her representative. e. The appointing authority may also be represented by counsel. f. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. Oral evidence shall be taken only on oath or affirmation. h. A court reporter shall take a transcript of the hearing. i. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.