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Appear• at the hearing and have an en7ployee or non employee represeniative oi' <br />the FOP present oral or written statemenis in his defense. <br />Elect in writing to waive the opportunity to have a disciplinary hearing. <br />Failure to elect and pursue one of these three options will be deemed a waiver of <br />the einployee's righi to a discipliizary hearing. <br />17.04 Ai the disciplinary hearing, the Chief of Police or his desigi7ee, will aslc the employee or <br />his representative to respond to the allegations of misconduct which were outlir?ed 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 shall provide a list of witnesses, <br />and the name and occupation of his representative, if any, to the Einployer as far in advance as <br />possible, but no later than eight (8) hours prior to the hearing. [t is the employee's responsibilitv <br />to notify his witnesses that he desires their attendance at the hearing. <br />17.05 The employee, as well as the Employer, will be permitted to confront and cross examine <br />wimesses. A written report will be prepared by the Chief of Police, ar his designee, concluding <br />whether ar not the alleged misconduct occurred. A copy of the Cluefs report will be provided to <br />the employee within five (5) calendar days following its preparation. <br />17.06 Disciplinaiy action may be appealed through only the Urievance Procedure. A notice to <br />arbitrate disciplinary actions must be filed with the Employer ANithin five (5) calendar days from <br />the receipt of the notice of discipline. <br />17.07 Any employee under indictment or arrested for a felon,y shall be placed on leave of <br />absence without pay until 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 />may be discharged. An employee found iruiocent of the clzarges shall be paid for all lost time <br />and shall have any vacation, holiday, or personal time restored to his credit. In addition, all <br />expected cost or premilim cost of hospitalization benefits paid by such employee shall be <br />reimbursed less amount of employee co-payment required per Article 12. The Employer shall, <br />during the period for which the employee is utilizing vacation, holidays or personal time, <br />continue to pay the einployee's insurance premiums during the leave of absence. <br />17.08 Upon exhausting vacation, Holidays and Personal time, said employee will be required to <br />pay the Director of Finance (100%) of all expected cost or premium cost for tlze purpose of <br />continuing hospitalization benefits during the balance of the leave of absence. <br />ARTICLE XVIII PER DIEM FOR SCHOOLING <br />18.01 Employees shall be reiinbursed, llot to exceed twenty-seven ($27.00) dollars per day as <br />per diem expeilses for meals while in attendance at Police Training Schools outside of Cuyahoga <br />County requiring an "overnight" away from Cuyahoga County. For schools outside of the City <br />of Noi-th Olmsted not requiring an "ovenlight" away from the city, the reimbursement shall not <br />eaceed seven dollars ($7.00) per day. All meal expenses shall require receipts to obtain <br />15