Member’s Right to a Pre Clause Samples

Member’s Right to a Pre disciplinary Conference In those cases where the member does not agree to accept a suspension in accordance with the terms of Section 9.9 of this Article, the member shall have the right to a pre-disciplinary conference with the Board of Trustees and/or designee before any disciplinary action is imposed. In the event the Chief of Police personally conducts a substantial portion of the investigation upon which a proposed suspension, reduction or termination is based, then the Board of Trustees, its Chairperson or such other individual as the Chairperson may, from time to time and in the Chairperson’s sole discretion, designate shall conduct the pre-disciplinary conference. The person conducting the pre-disciplinary conference (whether the Chief of Police, the Board of Trustees or its Chairperson, or such other designated person or persons) shall have the right and authority to issue any decision(s) and impose any discipline in accordance with the remaining provisions of this Section. If a member desires a pre-disciplinary conference, the procedure for this conference shall be as follows: A. Prior to the conference before the Board of Trustees, or designee, the member shall be provided a statement of the charges and all of the information referenced in Section 8.1.J., above, upon written request to the Chief of Police. The member shall also be given at least three (3) calendar days notice of the time, date and place of the conference. The time and/or date of the conference may be continued by mutual agreement. B. At the conference, the Board of Trustees, or designee may appoint a person(s) to prosecute the charges and/or may personally present evidence, request the attendance of witnesses and question witnesses in support of the charges. The member shall have the right to be represented at the conference by an attorney or other OPBA representative, to present evidence and to question adverse witnesses. The Board of Trustees, or designee may administer oaths. The conference may be tape recorded by either party. In addition, either party may cause the conference to be transcribed by a court reporter. C. A decision shall be issued within thirty (30) days of the conclusion of the conference. The decision of the Board of Trustees, or designee shall be final and binding, and such decision (and any resulting discipline of unpaid suspension of three (3) working days or more, demotion or termination) may be appealed with the approval of the OPBA as provided in Articl...