Common use of Disciplinary Appeals Clause in Contracts

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. In the case 1. An appeal of a suspension without pay, demotion, reduction in pay or dismissal, the employee discharge may appeal the decision of the Department Head be appealed to the City Manager. An employee The appeal shall have be presented to the City Manager within ten (10) calendar days from following the date employee's receipt of the Department Head’s decision 's written notice of discipline pursuant to notify 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 in writing 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 the employee fails an action to appeal the Department Head’s decisionsuspend, demote or reduce in pay is reduced or rescinded, the intended discipline appellant shall be imposed on entitled to restoration of pay and/or fringe benefits in a manner consistent with the day specified thereinCity Manager's decision. If the employee appeals within the specified timean action to discharge is reduced, the Department Head will determine if 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 the matter is closed, including the filing of any final briefs. 5. Disciplinary appeal hearings shall be private. 6. The employee can remain on his/her normal work schedule or be placed on leave with pay until the appeal their representative may request in writing at least twenty (20) calendar days prior to the scheduled hearing date, that the City Manager has provide copies of all documentary evidence to be used by the City at the hearing. Such evidence shall be provided no later than ten (10) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such request for copies but not soon enough to comply with the above time limits may be admitted providing it could not have been completeddiscovered sooner by reasonable means and provided further that a copy or copies of such evidence be afforded the requesting party as soon as practical after such discovery. Appeal Nothing contained herein shall operate to prevent either party from presenting additional documents by way of suspension without rebuttal. 7. An employee shall not suffer loss of pay up for time spent as a witness at a hearing held pursuant to this procedure. The number of witnesses requested to attend and their scheduling shall be reasonable. 8. At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence. The following rules shall apply: a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify and to rebut the evidence against the witness. 9. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a maximum finding unless it would be admissible over objection in civil actions. The rules of forty (40) hours - In privilege shall be effective to the case of suspension without pay up to a maximum of forty (40) hours, the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded. 10. 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 lawon all parties.

Disciplinary Appeals. In The parties agree that the case Chief of Police (or the Chief’s designee) shall have the right to suspend a non-probationary officer for up to thirty (30) calendar days or dismiss a non-probationary officer for just cause, without filing charges with the Village Board of Fire and Police Commissioners. Probationary employees may be disciplined or dismissed without just cause. Neither the Police Chief nor the Village or their agents will file charges asking the Board of Fire and Police Commissioners to impose discipline on any non- probationary bargaining unit employee; instead all such discipline shall be imposed by the Police Chief or his designee. The decision of the Police Chief or the Chief’s designee with respect to the suspension without payor dismissal action shall be deemed final, demotion, subject only to the review of said decision through the grievance and arbitration procedure. The sole recourse for appealing any such decision by the Chief of Police shall be for the employee to file a grievance as described herein. If the employee elects to file a grievance as to his or her suspension or dismissal, the employee may appeal the decision grievance shall be processed in accordance with Article XI of this Agreement, except that it shall be filed at Step 4 (Village Manager Level) of the Department Head to the City Manager. An employee shall have procedure, within ten (10) calendar days from the date issuance of the Department HeadChief’s decision to notify the City Manager in writing of the appealdecision. If the employee fails grievance proceeds to appeal arbitration as described in Step 5 of Article 11.3, due to failure to resolve the Department Head’s decisionissue at Step 4, and the arbitrator determines that the discipline or dismissal was supported by just cause, the intended discipline arbitrator shall be imposed on affirm the day specified thereinaction. If the employee appeals within grievance proceeds to arbitration and the specified timearbitrator determines that the disciplinary action was not supported by just cause the arbitrator shall have the authority to rescind or to modify the disciplinary action and order back pay, or a portion thereof. No relief shall be available from the Department Head will determine if the employee can remain on his/her normal work schedule or be placed on leave Board of Fire and Police Commissioners with pay until the appeal respect to any matter which is subject to the City Manager has been completedgrievance and arbitration procedure set forth in Article XI of this Agreement. Appeal Any 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 an arbitrator’s award 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 the provisions of the list from SMCSUniform Arbitration Act as provided by Section 8 of the IPLRA. Pursuant to Section 15 of the IPLRA and 65 ILCS § 10-2.1-17, the City parties have negotiated an alternative procedure based upon the grievance and arbitration provisions of this Agreement, and the Organization foregoing provisions with respect to the appeal and review of suspension or discharge decisions shall meet be in lieu of, and alternately strike names from shall expressly supersede and preempt, any provisions that might otherwise be available under the list until Rules and Regulations of the name Village Board of one individual remains, who shall serve as the arbitratorFire and Police Commissioners. The employee Village Board of Fire and the City shall share the fees Police Commissioners is divested of jurisdiction to hear disciplinary charges. Discipline that does not involve a termination or suspension (e.g., oral and expenses written reprimands) may only be grieved through Step 4 of the arbitrator equally. A court reporter grievance procedure and may not 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 submitted to the City Council or a court of lawarbitration.

Disciplinary Appeals. In the case 1. An appeal of a suspension without pay, demotion, reduction in pay or dismissal, the employee discharge may appeal the decision of the Department Head be appealed to the City Manager. An employee The appeal shall have be presented to the City Manager within ten (10) calendar days from following the date employee's receipt of the Department Head’s decision 's written notice of discipline pursuant to notify 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 in writing of may hear the appeal. If the employee fails to appeal the Department Head’s decisionpersonally, 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 may refer the appeal to the City Manager has been completed. Appeal of suspension without pay up a Hearing Officer for hearing and an advisory recommendation; provided, however, that all discharge appeals shall be referred to a maximum of forty (40) hours - Hearing Officer for an advisory recommendation. 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 dismissaldischarge appeal, the employee may appeal the decision of the City Manager to an arbitrator. A written notice of appeal must request a Hearing Officer 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 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 (SMCS7) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve 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 an arbitrator. Upon soon as practical following the City Manager's receipt of the list from SMCSappeal. 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 Organization 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 meet be reinstated in a position in his or her former class and alternately strike names shall receive pay and fringe benefits for all of the period of time he or she was removed from the list until the name of one individual remains, who shall serve as the arbitratorduty. The City Manager shall issue a final decision within thirty (30) calendar days after the matter is closed, including the filing of any final briefs. 5. Disciplinary appeal hearings shall be private. 6. The employee or their representative may request in writing at least twenty (20) calendar days prior to the scheduled hearing date, that the City provide copies of all documentary evidence to be used by the City at the hearing. Such evidence shall be provided no later than ten (10) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such request for copies but not soon enough to comply with the above time limits may be admitted providing it could not have been discovered sooner by reasonable means and provided further that a copy or copies of such evidence be afforded the requesting party as soon as practical after such discovery. Nothing contained herein shall operate to prevent either party from presenting additional documents by way of rebuttal. 7. An employee shall not suffer loss of pay for time spent as a witness at a hearing held pursuant to this procedure. The number of witnesses requested to attend and their scheduling shall be reasonable. 8. At the hearing, both the appealing employee and the City shall share have the fees right to be heard and expenses to present evidence. The following rules shall apply: a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify and to rebut the evidence against the witness. 9. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the arbitrator equallyexistence of any common law or statutory rule which might have made improper the admission of such evidence over objection in civil actions. A court reporter Hearsay evidence may be included used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in the proceedings upon mutual agreement itself to support a finding unless it would be admissible over objection in civil actions. The rules of the parties, the cost of which privilege shall be shared equally between effective to the parties. All other expenses same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be borne by excluded. 10. Disciplinary action may be appealed through the party incurring them grievance process outlined in Article XI at Step 3: City Manager and neither party shall may 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 appealed to the City Council or a court of lawStep 4: Arbitration.

Disciplinary Appeals. In the case 1. An appeal of a suspension without pay, demotion, reduction in pay or dismissal, the employee discharge may appeal the decision of the Department Head be appealed to the City Manager. An employee The appeal shall have be presented to the City Manager within ten (10) calendar days from following the date employee's receipt of the Department Head’s decision 's written notice of discipline pursuant to notify 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 appeals 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 in writing 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 the employee fails an action to appeal the Department Head’s decisionsuspend, demote or reduce in pay is reduced or rescinded, the intended discipline appellant shall be imposed on entitled to restoration of pay and/or fringe benefits in a manner consistent with the day specified thereinCity Manager's decision. If the employee appeals within the specified timean action to discharge is reduced, the Department Head will determine if 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 the matter is closed, including the filing of any final briefs. 5. Disciplinary appeal heari ngs shall be private . 6. The employee can remain on his/her normal work schedule (or be placed on leave with pay until the appeal their representative) may request in writing, at least twenty (20) calendar days prior to the scheduled hearing date, that the City Manager has provide copies of all documentary evidence to be used by the City at the hearing. Such evidence shall be provided no later than ten (10) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such request for copies but not soon enough to comply with the above time limits may be admitted providing it could not have been completeddiscovered sooner by reasonable means and provided further that a copy or copies of such evidence be afforded the requesting party as soon as practical after such discovery. Appeal Nothing contained herein shall operate to prevent either party from presenting additional documents by way of suspension without rebuttal. 7. An employee shall not suffer loss of pay up for time spent as a witness at a hearing held pursuant to this procedure. The number of witnesses requested to attend and their scheduling shall be reasonable. 8. At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence. The following rules shall apply: a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify and to rebut the evidence against the witness. 9. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a maximum finding unless it would be admissible over objection in civil actions. The rules of forty (40) hours - In privilege shall be effective to the case of suspension without pay up to a maximum of forty (40) hours, the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded . 10. 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 lawon all parties.

Disciplinary Appeals. In the case 15.4.1 A “disciplinary appeal” is a formal written appeal of suspension without paya Notice of Disciplinary Action (post-▇▇▇▇▇▇) of any punitive disciplinary action including dismissal, demotion, suspension, reduction in salary, letters of reprimand, or dismissaltransfer for purposes of punishment. However, letters of reprimand are not subject to the employee arbitration provisions of this procedure. This procedure also shall not apply to the rejection or termination of at will employees, including those in probationary status. Any reduction in pay for change of assignments which occurs in the course of regular rotation and is not punitive shall not be subject to this procedure. 15.4.2 Persons on probationary status (entry-level or promotional) may not appeal the decision under this agreement rejection on probation. Letters of the Department Head Reprimand may be appealed under this section only to the City Manager. An employee Manager level (Section 15.4.4). 15.4.3 Any appeal to any punitive disciplinary action (as defined in Section 15.1.2) shall have be presented in writing to the City Manager within ten (10) calendar days from the date after receipt of the Department Head’s decision Notice of Disciplinary Action. Failure to notify the do so will be deemed a waiver of any appeal. The City Manager in writing or designee shall hold a meeting to hear the appeal within ten (10) days after the presentation of the appeal and shall issue a decision on the appeal within ten (10) days of the presentation of the appeal. If For letters of reprimand, the City Manager’s decision shall be final. However the employee fails to appeal the Department Head’s decisionmay write a response and have that response included in his or her personnel file. 15.4.4 For appeals from dismissal, the intended discipline shall be imposed on the day specified therein. If the employee appeals within the specified timedemotion, the Department Head will determine suspension, or reduction in salary, if the employee can remain on his/her normal work schedule or be placed on leave is not satisfied 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 dismissalManager, the employee may appeal the decision may, within ten (10) days of the City Manager receipt of the decision, submit a request in writing to an arbitratorthe Union for arbitration of the dispute. A written notice of appeal must be received by the City Manager no later than five Within twenty (520) calendar days following the date of the City Manager’s decision. Upon receipt of the appeal, the Union shall inform the City Manager of its intent as to whether or not the disciplinary matter will be arbitrated. The Union must be the party taking the matter to arbitration. 15.4.5 The parties shall contact attempt to agree to the selection of an arbitrator and may agree to strike names from a list provided by an outside agency such as the State Mediation and Conciliation Service (SMCS) to provideService. However, 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, event that the City and the Organization shall meet and alternately strike names Union cannot agree upon the selection of an arbitrator within forty-five (45) days from the list until date that Union has notified the name City of one individual remainsits intent to proceed to Arbitration, either party may request the Superior Court of the County of San Mateo appoint an arbitrator who shall serve as be a retired judge of the arbitratorSuperior Court of San Mateo County. 15.4.6 The City and the Union agree that the arbitrator shall prepare a written decision containing findings of fact, determinations of issues and a disposition either affirming, modifying or overruling the disciplinary action being appealed. The employee and parties expressly agree that the arbitrator may only order as remedies those personnel actions which the City shall share the may lawfully impose. 15.4.7 The fees and expenses of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement of the parties, (including the cost of which any list of arbitrators) shall be shared equally between by the partiesCity and Union. All other expenses shall be borne by the party incurring them them, and neither party shall be responsible for the cost or expenses expense of witnesses called by the other partyother. A Either party requesting may request a transcript certified court reporter to record the entire arbitration hearing. By mutual agreement, the cost of the arbitration services of such court reporter shall bear be shared equally by the parties. However, each party shall be responsible for the cost thereof. The decision rendered of transcripts that they order. 15.4.8 Nothing herein constitutes a waiver of City or employee rights otherwise granted by the arbitrator shall be final and binding and not appealable to the City Council or a court of law.

Disciplinary Appeals. In the case 1. An appeal of a suspension without pay, demotion, reduction in pay or dismissal, the employee discharge may appeal the decision of the Department Head be appealed to the City Manager. An employee The appeal shall have be presented to the City Manager within ten (10) calendar days from following the date employee's receipt of the Department Head’s decision 's written notice of discipline pursuant to notify 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 in writing of may hear the appeal. If the employee fails to appeal the Department Head’s decisionpersonally, 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 may refer the appeal to the City Manager has been completed. Appeal of suspension without pay up a Hearing Officer for hearing and an advisory recommendation; provided, however, that all discharge appeals shall be referred to a maximum of forty (40) hours - Hearing Officer for an advisory recommendation. 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 dismissaldischarge appeal, the employee may appeal the decision of the City Manager to an arbitrator. A written notice of appeal must request a Hearing Officer 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 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 (SMCS7) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve persons experienced in hearing disciplinary appeals 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 an arbitrator. Upon soon as practical following the City Manager's receipt of the list from SMCSappeal. 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 Organization 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 meet be reinstated in a position in his or her former class and alternately strike names shall receive pay and fringe benefits for all of the period of time he or she was removed from the list until the name of one individual remains, who shall serve as the arbitratorduty. The City Manager shall issue a final decision within thirty (30) calendar days after the matter is closed, including the filing of any final briefs. 5. Disciplinary appeal hearings shall be private. 6. The employee (or their representative) may request in writing, at least twenty (20) calendar days prior to the scheduled hearing date, that the City provide copies of all documentary evidence to be used by the City at the hearing. Such evidence shall be provided no later than ten (10) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such request for copies but not soon enough to comply with the above time limits may be admitted providing it could not have been discovered sooner by reasonable means and provided further that a copy or copies of such evidence be afforded the requesting party as soon as practical after such discovery. Nothing contained herein shall operate to prevent either party from presenting additional documents by way of rebuttal. 7. An employee shall not suffer loss of pay for time spent as a witness at a hearing held pursuant to this procedure. The number of witnesses requested to attend and their scheduling shall be reasonable. 8. At the hearing, both the appealing employee and the City shall share have the fees right to be heard and expenses to present evidence. The following rules shall apply: a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify and to rebut the evidence against the witness. 9. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the arbitrator equallyexistence of any common law or statutory rule which might have made improper the admission of such evidence over objection in civil actions. A court reporter Hearsay evidence may be included used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in the proceedings upon mutual agreement itself to support a finding unless it would be admissible over objection in civil actions. The rules of the parties, the cost of which privilege shall be shared equally between effective to the parties. All other expenses same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be borne by excluded. 10. Disciplinary action may be appealed through the party incurring them grievance process outline in Article XI starting at Step 3: City Manager and neither party shall may 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 appealed to the City Council or a court of lawStep 4: Arbitration.

Disciplinary Appeals. In the case 1. An appeal of a suspension without pay, demotion, reduction in pay or dismissal, the employee discharge may appeal the decision of the Department Head be appealed to the City Manager. An employee The appeal shall have be presented to the City Manager within ten (10) calendar days from following the date employee's receipt of the Department Head’s decision 's written notice of discipline pursuant to notify 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 appeals 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 in writing 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 the employee fails an action to appeal the Department Head’s decisionsuspend, demote or reduce in pay is reduced or rescinded, the intended discipline appellant shall be imposed on entitled to restoration of pay and/or fringe benefits in a manner consistent with the day specified thereinCity Manager's decision. If the employee appeals within the specified timean action to discharge is reduced, the Department Head will determine if 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 the matter is closed, including the filing of any finalbriefs. 5. Disciplinary appeal heari ngs shall be private. 6. The employee can remain on his/her normal work schedule (or be placed on leave with pay until the appeal their representative) may request in writing, at least twenty (20) calendar days prior to the scheduled hearing date, that the City Manager has provide copies of all documentary evidence to be used by the City at the hearing. Such evidence shall be provided no later than ten (10) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such request for copies but not soon enough to comply with the above time limits may be admitted providing it could not have been completeddiscovered sooner by reasonable means and provided further that a copy or copies of such evidence be afforded the requesting party as soon as practical after such discovery. Appeal Nothing contained herein shall operate to prevent either party from presenting additional documents by way of suspension without rebuttal. 7. An employee shall not suffer loss of pay up for time spent as a witness at a hearing held pursuant to this procedure. The number of witnesses requested to attend and their scheduling shall be reasonable. 8. At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence. The following rules shall apply: a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify and to rebut the evidence against the witness. 9. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a maximum finding unless it would be admissible over objection in civil actions. The rules of forty (40) hours - In privilege shall be effective to the case of suspension without pay up to a maximum of forty (40) hours, the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded. 10. 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 lawon all parties.