Common use of PRE-DISCIPLINARY HEARING PROCEDURES Clause in Contracts

PRE-DISCIPLINARY HEARING PROCEDURES. Section 1. Any employee who may be subject to disciplinary action resulting in suspension, demotion, or dismissal shall be entitled to the opportunity for a pre-disciplinary hearing. An employee may waive the opportunity for a pre- disciplinary hearing by providing written notice to the Fire Chief. At least forty-eight (48) hours prior to any pre-disciplinary hearing, an employee shall be provided written notice which will set forth an explanation of the nature of the allegations against the employee and an explanation of the evidence in the possession of the City supporting such allegations, regarding the circumstances upon which the proposed disciplinary action may be based. Should the allegations be based upon a formal citizen’s complaint, the employee shall be entitled to receive a copy of the citizen’s complaint prior to questioning. Any allegations of reprisal taken by the employee against a citizen providing a formal complaint shall constitute separate grounds for disciplinary action. Section 2. The pre-disciplinary hearing will be scheduled at a reasonable hour, preferably at a time when the employee is on duty. Section 3. The employee shall be informed of the name and rank of any persons conducting the pre-disciplinary hearing. Section 4. The employee shall have the right to the presence of a Union representative(s) and/or Union attorney during the pre-disciplinary hearing and such representative(s) shall have a reasonable right to be heard. Section 5. One person will conduct the pre-disciplinary hearing and only one person may direct questions to the employee at any given time. Section 6. The pre-disciplinary hearing shall be limited to no more than two (2) hours in length. The employee shall be allowed a fifteen (15) minute break every forty-five (45) minutes. The employee shall also have the right during the pre-disciplinary hearing to be allowed to attend to the employee’s own physical necessities. Section 7. The employee shall not be subjected to any offensive language nor shall he be threatened with dismissal, transfer, or other disciplinary punishment as a guise to attempt to obtain his resignation, nor shall the employee be intimidated in any manner. No promises or rewards shall be made as an inducement to answer questions. Nothing in this Section, however, shall prohibit the City from ordering an employee to answer questions. Furthermore, nothing in this Section shall preclude the City from informing the employee that refusal to answer questions or to comply with any lawful order shall be new and separate grounds for discipline up to and including termination. Section 8. Either party shall have the right to record the pre-disciplinary hearing. Section 9. The name of the employee involved in the pre-disciplinary hearing shall be kept confidential and shall not be released to the news media by the City without the employee’s express written consent. Section 10. The employee shall have the opportunity to review at reasonable times with reasonable advance notice, on the employee’s off-duty time, the employee’s personnel file on file with the City Personnel Department. The employee may provide written responses to any comments contained in the employee’s personnel file. Section 11. The City shall not solicit complaints against any employee. Nothing shall, however, prohibit the City from investigating third-party complaints. Section 12. Disposition of any investigation, including any action taken against the employee, shall be provided in writing and the employee shall be notified of such disposition. Section 13. After disciplinary action is taken, and, if the employee signs written approval, the City will allow the Union to look at an employee’s disciplinary file. However, the Union may not remove or copy any items from an employee’s file without the employee’s written consent. Section 14. Upon appeal of a disciplinary action resulting in suspension, demotion or dismissal, the employee will be entitled to have the City provide to the employee or the employee’s representative any information relied upon by the City in reaching its decision to discipline the employee. The City shall have the same right to have the employee or the Union provide any information in the employee’s possession relating to the allegations resulting in the disciplinary action. Section 15. Any employee who is interviewed as a part of the pre-disciplinary process and who is not the subject of the disciplinary investigation or pre- disciplinary hearing shall not be entitled to a Union representative(s) and/or the Union attorney during such interview, nor shall that employee be entitled to any of the other provisions of this Section. If it becomes apparent to the Department during the course of an employee interview that the employee may have engaged in conduct which would subject the employee to disciplinary action, the interviewing party shall stop the interview and proceed in the manner provided above. Section 16. Any disciplinary action must be initiated within thirty-five (35) working days after the City becomes aware of the incident providing the basis for disciplinary action, provided, however, that the Union and the City may mutually waive or agree to extend this time limit for an additional thirty-five

PRE-DISCIPLINARY HEARING PROCEDURES. Section 1. Any employee who may be subject to disciplinary action resulting in suspension, demotion, or dismissal shall be entitled to the opportunity for a pre-disciplinary hearing. An employee may waive the opportunity for a pre- disciplinary hearing by providing written notice to the Fire Chief. At least forty-eight (48) hours prior to any pre-disciplinary hearing, an employee shall be provided written notice which will set forth an explanation of the nature of the allegations against the employee and an explanation of the evidence in the possession of the City supporting such allegations, regarding the circumstances upon which the proposed disciplinary action may be based. Should the allegations be based upon a formal citizen’s complaint, the employee shall be entitled to receive a copy of the citizen’s complaint prior to questioning. Any allegations of reprisal taken by the employee against a citizen providing a formal complaint shall constitute separate grounds for disciplinary action. Section 2. The pre-disciplinary hearing will be scheduled at a reasonable hour, preferably at a time when the employee is on duty. Section 3. The employee shall be informed of the name and rank of any persons conducting the pre-disciplinary hearing. Section 4. The employee shall have the right to the presence of a Union representative(s) and/or representative or Union attorney during the pre-disciplinary hearing and such representative(s) representative shall have a reasonable right to be heard. These are the only representatives that an employee may have at a pre-disciplinary hearing. Section 5. One person will conduct the pre-disciplinary hearing and only one person may direct questions to the employee at any given time. Section 6. The pre-disciplinary hearing shall be limited to no more than two (2) hours in length. The employee shall be allowed a fifteen (15) minute break every forty-five (45) minutes. The employee shall also have the right during the pre-disciplinary hearing to be allowed to attend to the employee’s own physical necessities. Section 7. The employee shall not be subjected to any offensive language nor shall he be threatened with dismissal, transfer, or other disciplinary punishment as a guise to attempt to obtain his resignation, nor shall the employee be intimidated in any manner. No promises or rewards shall be made as an inducement to answer questions. Nothing in this Section, however, shall prohibit the City from ordering an employee to answer questions. Furthermore, nothing in this Section shall preclude the City from informing the employee that refusal to answer questions or to comply with any lawful order shall be new and separate grounds for discipline up to and including termination. Section 8. Either party The employee shall not have the right to record in any manner the pre-disciplinary hearing.. If the City records the pre-disciplinary hearing, either a transcript or a duplicate recording of the hearing shall be provided to the employee at City expense if disciplinary action is taken against the employee and the employee appeals such disciplinary action to the Section 9. The name of the employee involved in the pre-disciplinary hearing shall be kept confidential and shall not be released to the news media by the City without the employee’s express written consent. Section 10. The employee shall have the opportunity to review at reasonable times with reasonable advance notice, on the employee’s off-duty time, the employee’s personnel file on file with the City Personnel Department. The employee may provide written responses to any comments contained in the employee’s personnel file. Section 11. The City shall not solicit complaints against any employee. Nothing shall, however, prohibit the City from investigating third-party complaints. Section 12. Disposition of any investigation, including any action taken against the employee, shall be provided in writing and the employee shall be notified of such disposition. Section 13. After disciplinary action is taken, and, if the employee signs written approval, the City will allow the Union to look at an employee’s disciplinary file. However, the Union may not remove or copy any items from an employee’s file without the employee’s written consent. Section 14. Upon appeal of a disciplinary action resulting in suspension, demotion or dismissal, the employee will be entitled to have the City provide to the employee or the employee’s representative any information relied upon by the City in reaching its decision to discipline the employee. The City shall have the same right to have the employee or the Union provide any information in the employee’s possession relating to the allegations resulting in the disciplinary action. Section 15. Any employee who is interviewed as a part of the pre-disciplinary process and who is not the subject of the disciplinary investigation or pre- disciplinary hearing shall not be entitled to a Union representative(s) and/or representative or the Union attorney during such interview, nor shall that employee be entitled to any of the other provisions of this Section. If it becomes apparent to the Department during the course of an employee interview that the employee may have engaged in conduct which would subject the employee to disciplinary action, the interviewing party shall stop the interview and proceed in the manner provided above. Section 16. Any disciplinary action must be initiated within thirty-five (35) working days after the City becomes aware of the incident providing the basis for disciplinary action, provided, however, that the Union and the City may mutually waive or agree to extend this time limit for an additional thirty-five

PRE-DISCIPLINARY HEARING PROCEDURES. Section 1. Any employee who may be subject to disciplinary action resulting in suspension, demotion, or dismissal shall be entitled to the opportunity for a pre-disciplinary hearing. An employee may waive the opportunity for a pre- disciplinary hearing by providing written notice to the Fire Chief. At least forty-eight (48) hours prior to any pre-disciplinary hearing, an employee shall be provided written notice which will set forth an explanation of the nature of the allegations against the employee and an explanation of the evidence in the possession of the City supporting such allegations, regarding the circumstances upon which the proposed disciplinary action may be based. Should the allegations be based upon a formal citizen’s complaint, the employee shall be entitled to receive a copy of the citizen’s complaint prior to questioning. Any allegations of reprisal taken by the employee against a citizen providing a formal complaint shall constitute separate grounds for disciplinary action. Section 2. The pre-disciplinary hearing will be scheduled at a reasonable hour, preferably at a time when the employee is on duty. Section 3. The employee shall be informed of the name and rank of any persons conducting the pre-disciplinary hearing. Section 4. The employee shall have the right to the presence of a Union representative(s) and/or Union attorney during the pre-disciplinary hearing and such representative(s) shall have a reasonable right to be heard. Section 5. One person will conduct the pre-disciplinary hearing and only one person may direct questions to the employee at any given time. Section 6. The pre-disciplinary hearing shall be limited to no more than two (2) hours in length. The employee shall be allowed a fifteen (15) minute break every forty-five (45) minutes. The employee shall also have the right during the pre-disciplinary hearing to be allowed to attend to the employee’s own physical necessities. Section 7. The employee shall not be subjected to any offensive language nor shall he be threatened with dismissal, transfer, or other disciplinary punishment as a guise to attempt to obtain his resignation, nor shall the employee be intimidated in any manner. No promises or rewards shall be made as an inducement to answer questions. Nothing in this Section, however, shall prohibit the City from ordering an employee to answer questions. Furthermore, nothing in this Section shall preclude the City from informing the employee that refusal to answer questions or to comply with any lawful order shall be new and separate grounds for discipline up to and including termination. Section 8. Either party The employee shall not have the right to record in any manner the pre-disciplinary hearing.. If the City records the pre-disciplinary hearing, either a transcript or a duplicate recording of the hearing shall be provided to the employee at City expense if disciplinary action is taken against the employee and the employee appeals such disciplinary action to the Section 9. The name of the employee involved in the pre-disciplinary hearing shall be kept confidential and shall not be released to the news media by the City without the employee’s express written consent. Section 10. The employee shall have the opportunity to review at reasonable times with reasonable advance notice, on the employee’s off-duty time, the employee’s personnel file on file with the City Personnel Department. The employee may provide written responses to any comments contained in the employee’s personnel file. Section 11. The City shall not solicit complaints against any employee. Nothing shall, however, prohibit the City from investigating third-party complaints. Section 12. Disposition of any investigation, including any action taken against the employee, shall be provided in writing and the employee shall be notified of such disposition. Section 13. After disciplinary action is taken, and, if the employee signs written approval, the City will allow the Union to look at an employee’s disciplinary file. However, the Union may not remove or copy any items from an employee’s file without the employee’s written consent. Section 14. Upon appeal of a disciplinary action resulting in suspension, demotion or dismissal, the employee will be entitled to have the City provide to the employee or the employee’s representative any information relied upon by the City in reaching its decision to discipline the employee. The City shall have the same right to have the employee or the Union provide any information in the employee’s possession relating to the allegations resulting in the disciplinary action. Section 15. Any employee who is interviewed as a part of the pre-disciplinary process and who is not the subject of the disciplinary investigation or pre- disciplinary hearing shall not be entitled to a Union representative(s) and/or the Union attorney during such interview, nor shall that employee be entitled to any of the other provisions of this Section. If it becomes apparent to the Department during the course of an employee interview that the employee may have engaged in conduct which would subject the employee to disciplinary action, the interviewing party shall stop the interview and proceed in the manner provided above. Section 16. Any disciplinary action must be initiated within thirty-five (35) working days after the City becomes aware of the incident providing the basis for disciplinary action, provided, however, that the Union and the City may mutually waive or agree to extend this time limit for an additional thirty-five

PRE-DISCIPLINARY HEARING PROCEDURES. Section 1. Any employee who may be subject to disciplinary action resulting in suspension, demotion, or dismissal shall be entitled to the opportunity for a pre-disciplinary hearing. An employee may waive the opportunity for a pre- pre-disciplinary hearing by providing written notice to the Fire Chief. At least forty-eight (48) hours prior to any pre-disciplinary hearing, an employee shall be provided written notice which will set forth an explanation of the nature of the allegations against the employee and an explanation of the evidence in the possession of the City supporting such allegations, regarding the circumstances upon which the proposed disciplinary action may be based. Should the allegations be based upon a formal citizen’s complaint, the employee shall be entitled to receive a copy of the citizen’s complaint prior to questioning. Any allegations of reprisal taken by the employee against a citizen providing a formal complaint shall constitute separate grounds for disciplinary action. Section 2. The pre-disciplinary hearing will be scheduled at a reasonable hour, preferably at a time when the employee is on duty. Section 3. The employee shall be informed of the name and rank of any persons conducting the pre-disciplinary hearing. Section 4. The employee shall have the right to the presence of a Union representative(s) and/or Union attorney during the pre-disciplinary hearing and such representative(s) shall have a reasonable right to be heard. These are the only representatives that an employee may have at a pre-disciplinary hearing. Section 5. One person will conduct the pre-disciplinary hearing and only one person may direct questions to the employee at any given time. Section 6. The pre-disciplinary hearing shall be limited to no more than two (2) hours in length. The employee shall be allowed a fifteen (15) minute break every forty-five (45) minutes. The employee shall also have the right during the pre-disciplinary hearing to be allowed to attend to the employee’s own physical necessities. Section 7. The employee shall not be subjected to any offensive language nor shall he be threatened with dismissal, transfer, or other disciplinary punishment as a guise to attempt to obtain his resignation, nor shall the employee be intimidated in any manner. No promises or rewards shall be made as an inducement to answer questions. Nothing in this Section, however, shall prohibit the City from ordering an employee to answer questions. Furthermore, nothing in this Section shall preclude the City from informing the employee that refusal to answer questions or to comply with any lawful order shall be new and separate grounds for discipline up to and including termination. Section 8. Either party shall have the right to record the pre-disciplinary hearing. Section 9. The name of the employee involved in the pre-disciplinary hearing shall be kept confidential and shall not be released to the news media by the City without the employee’s express written consent. Section 10. The employee shall have the opportunity to review at reasonable times with reasonable advance notice, on the employee’s off-duty time, the employee’s personnel file on file with the City Personnel Department. The employee may provide written responses to any comments contained in the employee’s personnel file. Section 11. The City shall not solicit complaints against any employee. Nothing shall, however, prohibit the City from investigating third-party complaints. Section 12. Disposition of any investigation, including any action taken against the employee, shall be provided in writing and the employee shall be notified of such disposition. Section 13. After disciplinary action is taken, and, if the employee signs written approval, the City will allow the Union to look at an employee’s disciplinary file. However, the Union may not remove or copy any items from an employee’s file without the employee’s written consent. Section 14. Upon appeal of a disciplinary action resulting in suspension, demotion or dismissal, the employee will be entitled to have the City provide to the employee or the employee’s representative any information relied upon by the City in reaching its decision to discipline the employee. The City shall have the same right to have the employee or the Union provide any information in the employee’s possession relating to the allegations resulting in the disciplinary action. Section 15. Any employee who is interviewed as a part of the pre-disciplinary process and who is not the subject of the disciplinary investigation or pre- disciplinary hearing shall not be entitled to a Union representative(s) and/or the Union attorney during such interview, nor shall that employee be entitled to any of the other provisions of this Section. If it becomes apparent to the Department during the course of an employee interview that the employee may have engaged in conduct which would subject the employee to disciplinary action, the interviewing party shall stop the interview and proceed in the manner provided above. Section 16. Any disciplinary action must be initiated within thirty-five (35) working days after the City becomes aware of the incident providing the basis for disciplinary action, provided, however, that the Union and the City may mutually waive or agree to extend this time limit for an additional thirty-fivetwo