Appeal Hearings a. Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section 7.02(A)(6)), the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing.
Appeal Hearings. 4.1. The Board shall consider and decide all subdivision appeals, development appeals, and section 645 Stop Order appeals which have been properly filed in accordance with the Act.
Appeal Hearings. If an employee submits an appeal, it will be acknowledged in writing in the normal way. Wherever possible, an Appeals Panel would be convened (either virtually or provide employee opportunity to respond/submit final case information for consideration in writing). If appellant is unable to access virtual means or has concerns re. writing we may proceed in person with social distancing rules applied. Delays in arranging such may occur. If the employee was unable/unwilling to attend due to concerns relating to Covid, all reasonable steps would be undertaken to overcome such concerns. It will be for the Head of HR for the LET (or nominated LET Senior HR representative) and Chair of the Panel to consider reasonable action to either proceed in absentia or defer until such reasonable timeframe. This would be communicated to the employee and if applicable, their representative. Exceptional Circumstances Although it is felt this modified approach may prove suitable in a good proportion of cases, there are inevitably going to be certain situations where it may not be felt appropriate and a bespoke/case by case approach may need to considered. Such as;
Appeal Hearings. Upon receipt of a disciplinary appeal form, the Human Resources Department will coordinate the appeal hearing, pursuant to the provisions of the City’s Employee Personnel Policies. The disciplinary appeal hearing process is an informal administrative procedure and is not a trial guided by courtroom procedures. The Director of Human Resources may establish specific procedures for any appeal and utilize those procedures in the conduct of any appeal. The appeal hearing is an opportunity for an employee to state why he/she should not have been disciplined or why the punishment was inappropriate. Only information directly related to the action taken will be presented during the hearing, and may include the past disciplinary history of the employee. Presentation of unrelated issues or issues involving other employees will not be allowed. The City and employee (or any attorney for either the City or employee) will have an opportunity to provide information relevant to the action taken and to answer any questions asked by the hearing panel. A court reporter or stenographer may be present throughout the hearing and, if so, a written record of the proceedings will be made. A copy of the written record will be maintained in the employee’s permanent personnel file. The hearing panel will deliberate and make a decision within five business days from the date of the hearing upholding the disciplinary action taken, rescinding the action, modifying or amending the action or reducing the severity of the discipline, provided the disciplinary action must be sustained if a reasonable person could have taken the same disciplinary action against the employee. The final decision will be communicated in writing to all parties involved within five business days of the appeal hearing. For any appeal of disciplinary action by a Fire Fighter, the hearing panel shall include one of the following members of the Police Department: Police Chief, Assistant Police Chief, or Deputy Police Chief.
Appeal Hearings. Following receipt of a complete and proper written appeal, the ISA Credentialing Council will schedule a date on which to conduct an appeal hearing, and the parties will be notified of the date in writing. The Credentialing Council will review the hearing record, as well as any appeal submissions presented by the parties and other relevant information, and thereafter, will determine the outcome of the appeal by majority vote in a closed session.
Appeal Hearings. 6.1 The Board shall consider and decide all subdivision and development appeals which have been properly filed in accordance with the Act.
