Disciplinary Appeals. All forms of disciplinary action which are not appealable to the Civil Service Commission or the courts, except written or oral reprimands and Forms 475, shall be subject to review through Steps 3, 4, 5 and 6 of the grievance procedure.
Disciplinary Appeals. In the case of suspension without pay, demotion, or dismissal, the employee may appeal the decision of the Department Head to the City Manager. An employee shall have ten (10) calendar days from the date of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decision, the intended discipline shall be imposed on the day specified therein. If the employee appeals within the specified time, the Department Head will determine if the employee can remain on his/her normal work schedule or be placed on leave with pay until the appeal to the City Manager has been completed. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the case of suspension without pay exceeding forty (40) hours, demotion, or dismissal, the employee may appeal the decision of the City Manager to an arbitrator. A written notice of appeal must be received by the City Manager no later than five (5) calendar days following the date of the City Manager’s decision. Upon receipt of the appeal, the City Manager shall contact the State Mediation and Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitrator. Upon receipt of the list from SMCS, the City and the Organization shall meet and alternately strike names from the list until the name of one individual remains, who shall serve as the arbitrator. The employee and the City shall share the fees and expenses of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of law.
Disciplinary Appeals. The Association may appeal the taking of disciplinary action against an employee pursuant to the steps of the Grievance Procedure, commencing at the step above the level at which the disciplinary action was taken or imposed. Disciplinary Actions appealable under this section shall be dismissal (except for probationary release or rejection, including promotional probationary rejection), demotion (except for demotion due to layoffs or reduction in force), reduction in compensation, and suspension without pay. Oral and written reprimand and evaluations shall not be appealable under this Section. Employees shall have the right to submit, within thirty (30) days after receipt, a reasonable amount of response and rebuttal material to any written reprimand and or adverse evaluation, but oral and written reprimands and adverse evaluations shall not be subject to the grievance procedure. Where the Association elects arbitration of discipline, the grievance procedure shall be the sole and exclusive means of appeal.
Disciplinary Appeals. A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.
B. The City Manager or designee shall conduct a hearing, or may appoint an outside hearing officer to conduct such hearing.
C. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request as provided above, to commence as soon as can be expeditiously arranged.
D. The affected employee may be represented by an attorney or any other representative of his/her choosing.
E. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues.
F. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings.
G. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate.
H. The right of cross-examination shall be provided to all parties concerned.
I. The City Manager or designee shall not be precluded from making an independent investigation outside the context of the hearing.
J. Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be given an opportunity to respond.
K. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.
L. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative.
M. The decision of the City Manager shall be final and conclusive.
Disciplinary Appeals. All disciplinary appeals shall be conducted pursuant to the Firefighters’ Procedural Xxxx of Rights Act as set forth in California Government Code Section 3250 et seq.
Disciplinary Appeals. You may appeal against a decision made or a penalty applied under the Student Disciplinary Procedure by emailing xxxxxxx@xxxxxxxxxxx.xx.xx within 10 working days of the letter confirming the outcome. You must explain why you are appealing. An Appeals Panel will hear the appeal and consider the penalty. If you appeal against a decision of a Disciplinary Panel to withdraw you, the withdrawal will be deferred until the Appeals Panel has taken place. The Appeals Panel will write to you about the outcome. The decision of the Appeals Panel is final and there can be no further appeal within BU. If you are not satisfied following the appeals procedure, you can to complain to the Office of the Independent Adjudicator for Higher Education (the OIA). You must have completed all the stages of our procedure first, and the OIA will not look at all complaints (for more information see xxx.xxxxx.xxx.xx).
Disciplinary Appeals. All disciplinary actions arising under this Agreement shall be resolved in accordance with the disciplinary appeal process in Personnel Management Regulation 47. Any disciplinary action subject to appeal to the Personnel Commission pursuant to PMR 47, by agreement of the parties, may be submitted to an arbitrator for him/her to make written findings and render a decision in accordance with PMR 47.9. If the parties disagree about whether a termination shall be heard by an arbitrator, within 2 business days of the disagreement, either party may request mediation. Mediation shall be scheduled within 30 days of the initial request. The request for mediation does not preclude the department from scheduling an initial hearing date before the Personnel Commission. Mediation shall not be binding. If the parties mutually agree to have the termination heard before an arbitrator, the decision of the arbitrator shall be final and binding on all parties, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure. The arbitrator shall have the same limitations as listed in PMR 24.4.
Disciplinary Appeals. During the appeal meetings prior to the imposition of termination, suspension without pay, or involuntary demotion.
Disciplinary Appeals. Appeals of disciplinary action shall be submitted directly to the Safety-Service Director at Step 3 of the grievance procedure in accordance with the applicable time limitation for the filing of a Step 1 grievance. Disciplinary appeals involving letters of instruction and cautioning and written reprimands are subject to the grievance procedure, but are not eligible for arbitration.
Disciplinary Appeals. 1. An appeal of a suspension without pay, demotion, reduction in pay or discharge may be appealed to the City Manager. The appeal shall be presented to the City Manager within ten (10) calendar days following the employee's receipt of the Department Head's written notice of discipline pursuant to C.3 of this Article. All disciplinary appeals shall be in writing, and shall be signed by the employee or by a representative of OCEA.
2. The City Manager may hear the appeal personally, or may refer the appeal to a Hearing Officer for hearing and an advisory recommendation; provided, however, that all discharge appeals shall be referred to a Hearing Officer for an advisory recommendation. In the case of a discharge appeal, the employee may request a Hearing Officer be selected from the State Mediation and Conciliation Service or the American Arbitration Association. If the parties are unable to mutually agree upon a Hearing Officer, they shall request the selected organization to supply a panel of seven (7) names of persons experienced in hearing disciplinary cases for cities. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the hearing officer. The order of striking shall be determined by flipping a coin. The hearing will be conducted as soon as practical following the City Manager's receipt of the appeal. The cost of a hearing officer shall be paid by the City.
3. The issue in all disciplinary appeals shall be: Was (employee's name) (suspended without pay, demoted, reduced in pay, discharged) for just cause and was the penalty imposed appropriate?
4. The City Manager may sustain, reduce or rescind an appealed disciplinary action. If an action to suspend, demote or reduce in pay is reduced or rescinded, the appellant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the City Manager's decision. If an action to discharge is reduced, the appellant shall be restored to a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the appellant was removed from duty as determined by the City Manager. If an action to discharge is rescinded, the appellant shall be reinstated in a position in his or her former class and shall receive pay and fringe benefits for all of the period of time he or she was removed from duty. The City Manager shall issue a final decision within thirty (30) calendar days after t...
