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 If an employee desires to appeal a disciplinary action, they (or the case representative) shall submit a written Notice of suspension without pay, demotion, Appeal. A representative of the City shall contact either the employee or dismissaltheir identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an arbitrator to hear the appeal. If the parties can agree, the employee may appeal representative for the decision City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be equally split between the City and the Association unless the Association is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues their advisory recommendation, they will submit it to the City ManagerManager as well as both parties’ representatives. An employee shall have Within ten (10) calendar days from the date receipt of the Department Headarbitrator’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why. 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 Within thirty-five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's advisory recommendation, the City Manager shall contact issue and send their final written decision to the State Mediation parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the Department Head. The City Manager's decision shall be final 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 arbitratorbinding. Upon receipt of the list from SMCSIn reaching their decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statement (if any) submitted by the parties to the City Manager, and the Organization shall meet evidence, both documentary and alternately strike names testimonial, from the list until the name of one individual remains, who shall serve as arbitration including any arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6, which provides a 90-day statute 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 lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/she (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissalhis/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the employee may appeal representative for the decision City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator him/herself, and the court reporter shall be split equally between the City and the SUP unless SUP is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt 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 decisionarbitrator's arbitrator recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's recommendation is correct or not and why. 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 Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's recommendation, the City Manager shall contact issue and send his/her final written decision to the State Mediation parties. The City Manager may accept, reject or modify the arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final 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 arbitratorbinding. Upon receipt of the list from SMCSIn reaching his/her decision, the City Manager shall review the arbitrator's recommendation, the brief statement (if any) on the arbitrator's recommendation submitted by the parties to the City Manager, and the Organization shall meet evidence, both documentary and alternately strike names from the list until the name of one individual remainstestimonial, who shall serve as and arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute 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 lawlimitations.

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 of suspension without pay, demotion, or dismissal, the employee may appeal the decision of the Department Head Appointing Authority to the City ManagerGeneral Manager or his/her designee. An employee shall have ten (10) calendar business days from the date of the Department HeadAppointing Authority’s decision to notify the City General Manager or his/her designee in writing of the appeal. If the employee fails to appeal the Department HeadAppointing Authority’s decision, the intended discipline shall be imposed on the day specified therein. If the employee appeals within the specified time, the Department Head Appointing Authority 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 General Manager or his/her designee has been completed. Verbal reprimands, written reprimands and evaluations are not included in the definition of “discipline” under this section. 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 General Manager or his/her designee 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 request that the decision of the City General Manager to an arbitratoror his/her designee be submitted for advisory, non-binding arbitration. A written notice of appeal Such request must be received by the City Manager no later than made in writing within five (5) calendar business days following the date of the City General Manager’s decision. Upon receipt An arbitrator shall be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator within a reasonable period, they shall jointly request the appointment of the appeal, the City Manager shall contact the an arbitrator through 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 lawService.

Disciplinary Appeals. In Non-Arbitrable Appeals A written reprimand is a non-arbitrable form of discipline issued by the case of suspension without payPolice Chief, demotion, or dismissal, the employee may appeal the decision of the Department Head and can only be appealed to the City Manager. An Upon receiving a written reprimand an employee shall have ten may do one of the following: Absent any appeal, and within thirty (1030) calendar days from of receiving the date written reprimand, file a written rebuttal to the Police Chief. The rebuttal will be attached to the written reprimand and filed in the employee’s personnel file. Within thirty (30) calendar days of receiving a written reprimand, an employee may file a written request with 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 Personnel Director for an appeal to the City Manager has been completedManager. Appeal Upon receipt of suspension without pay up to a maximum of forty the request, and within fifteen (4015) hours - In the case of suspension without pay up to a maximum of forty (40) hourscalendar days, the decision City Manager will schedule a hearing. The hearing will be scheduled within thirty (30) days of the City Manager shall receiving the request. The City Manager will be finalthe final appeal authority. Appeal After the City Manager’s final decision is reached, and within thirty (30) calendar days of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In receiving the case of suspension without pay exceeding forty (40) hours, demotion, or dismissaldecision, the employee may appeal submit a written rebuttal to the decision. The rebuttal shall be attached to the decision and filed in the employee’s personnel file. Arbitrable Appeals Employees shall have the right to appeal any dismissal, suspension, step reduction, disciplinary probation or demotion for disciplinary reasons. Said right of appeal shall not apply to reclassifications, layoffs, demotions as a substitute for layoff, changes in status for medical reasons, changes in status due to the City Manager to an arbitratoremployee’s loss of a required license or certificate, denial of a step increase, or any other actions taken for non-disciplinary reasons. For changes in status for medical reasons, appeal shall be provided for through the process in SECTION 35 (GRIEVANCES). A written notice of appeal must be received by filed in writing with the City Manager no later than five Human Resources Director within thirty (530) calendar days following written notice to the date employee of the City Manager’s decisiondiscipline. Upon receipt filing the notice of the appeal, the City Manager city shall contact request a list of seven (7) hearing officers from 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 arbitratorService. Upon receipt of the list from SMCS, the City The CITY and the Organization employee shall meet and alternately strike names from the list until only one name remains and the remaining name shall be that of one individual remainsthe Hearing Officer. The parties shall toss a coin to determine who will strike first. As an alternative, who the parties may stipulate to the use of any person as a hearing officer whether identified on the list or not. The Hearing Officer shall serve proceed in any manner which will, in the Hearing Officer’s judgment, develop all the facts bearing upon the matter, and no informality on the Officer’s part shall constitute just cause for criticism of findings and decisions. Upon completion of the hearing, the Hearing Officer shall furnish certified copies of findings and decisions to the persons concerned. The decision of the Hearing Officer shall be final and binding. The person selected as the arbitratorHearing Officer shall set a date for the start of the hearing after consultation with the parties. Failure of the employee to appear at the hearing will constitute a withdrawal of the appeal and the discipline will stand and be final, unless the failure to appear is the result of a verifiable emergency that prevents the employee from attending the hearing. A verifiable emergency shall not include any situation where the employee fails to notify the Personnel Director by close of business on the day preceding the first day of the hearing unless said emergency occurs after the close of business. In all cases where the employee fails to attend the hearing and the hearing is postponed, the employee shall bear any and all hearing officer and/or court reporter costs associated with the postponement. Oral evidence at the hearing shall be taken only on oath or affirmation. Each party shall have these rights at the hearing: To be represented by Counsel; 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 him or her to testify; to subpoena witnesses and relevant documentary evidence; and to rebut the evidence against him or her. Further, at the hearing the employee may be examined and may examine or cause any person to be examined under Section 776 of the Evidence Code. The employee and hearing need not be conducted according to the City shall share the fees and expenses provisions of the arbitrator equallyCalifornia Evidence Code, except as hereinafter provided. A court reporter Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be included used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege as set forth in the proceedings upon mutual agreement Evidence Code shall apply. Irrelevant and unduly repetitious evidence shall be excluded. Evidence of specific instances of a complainant’s sexual conduct with individuals other than the alleged perpetrator is presumed inadmissible absent an offer of proof establishing its relevance and reliability and that its probative value is not substantially outweighed by the probability that its admission will create substantial danger of undue prejudice or confuse the issue. For purpose of this paragraph, “complainant” means any person claiming to have been subjected to conduct which constitutes sexual harassment, sexual assault, or sexual battery. At the request of either of the parties, the cost CITY shall employ a competent court reporter to record the proceedings. Parties to the proceedings shall include the appellant and a management employee from appellant’s department. If either party requests it, the Hearing Officer may exclude from the hearing room any witness not at the time under examination so that the witness may not hear the testimony of which shall other witnesses, but a party to the proceedings may not be shared equally between so excluded. In addition, each side may designate other representatives to attend the partieshearing provided these representatives do not testify at the hearing. All other expenses shall be borne by The Hearing Officer shall, after the party incurring them matter is submitted, prepare and neither party shall be responsible for the cost or expenses of witnesses called by the other partyfile findings and decisions. A party requesting a transcript The decisions of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator Hearing Officer shall be final and binding binding. The decisions shall be rendered as quickly as possible with due regard for the hardships that may result from undue delay. The cost of the Hearing Officer and not appealable to court reporter shall be divided equally between the City Council or a CITY and the employee. The Hearing Officer and court reporter shall separately xxxx the CITY and the appellant for one-half of lawthe cost of their respective services. All other administrative policies and procedure shall be as contained in the Personnel Rules and Personnel Administrative Orders.

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 - 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 - 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.