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2. Appeaz at the hearing and have an employee or non employee representative of the FOP <br />present oral or written statements in his defense. <br />3. Elect in writing to waive the opportunity to ha.ve a disciplinary hearing. Failure to elect <br />and pursue one of these three optians will be deemed a waiver of the employee's right to <br />a disciplinary hearing. <br />At the disciplinary hearing, the Chief of Police or his designee, will ask the employee or <br />his representative to respond to the allegations of misconduct which were outlined to the <br />employee. At the hearing, the employee may present any testimony, witnesses, or documents <br />which he feels may be germane to the charges. The employee sha.ll provide a list of witnesses, <br />and the name and occupation of his representative, if any, to the Employer as far in advance as <br />possible, but no la.ter than eight (8) hours prior to the hearing. It is the employee's responsibility <br />to notify his witnesses that he desires their attendance at the hearing. <br />The employee, as well as the employer, will be permitted to confront and cross examine <br />witnesses. A written report will be prepared by the Chief of Police, or his designee, concluding <br />whether or not the alleged misconduct occurred. A copy of the Chiefs report will be provided to <br />the employee within five (5) calendar days following its preparation. <br />17.3 Disciplinary action may be appease through the arbitration procedure. A noi:ice to <br />Arbitrate disciplinary actions must be filed with the Employer within five (5) calendar days from <br />the receipt of the notice of discipline. <br />17.4 Any employee under indictment or arrested for a felony shall be placed on leave <br />of absence without pay unttl resolution of the court proceedings. An employee may use accrued <br />vacation, holiday, or personal time during the leave. An employee found guilty by the trial court <br />ma.y be discharged. An employee found innocent ofthe charges sha.ll be paid for all lost time and <br />shali have any vacation, holiday, or personal time restored to his credit. In addition, all expected <br />cost or premium cast af haspitalization benefits paid by such employee shall be reimhursed less <br />29