2008-043 Resolution - Laserfiche WebLink

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Police of the deternlination to seel: disciplinary action by the Employer. "l,he purpose of tlle hearing is to give the employee an opportunity to offer explanation of the alleged miscondtiict. At the hearing the employee shall be given written specifications of the charges. Any disciplinary action to be administered must be issued within forty-fve (45) calendar days oi'the date of the hearing. The employee may choose to: Appear at the hearing to present oral or written statements in his defense Appear at the hearing and have an employee or non employee representative of the FOP present oral or written statements in his defense. Elect in writing to waive the opportunity to have a disciplinary hearing. Failure to elect and pursue one of these t:hree options will be deemed a waiver of the employee's right to a disciplinary hearing. At the disciplinary hearing, the Chief of Police or his designee, will ask the employee or llis representative to respond to the allegations of misconduct which were outlined to the employee. At the hearing, the employee may present any testimony, witnesses, or documents which he feels may be germane to the charges. The employee shall provide a list of witnesses, and the name and occupation of his representative, if any, to the Employer as far in advance as possible, but no later than eight (8) hours prior to the hearing. It is the employee's responsibility to notify his witnesses that he desires their attendance at the hearing. The employee, as well as the Employer, will be permitted to confront and cross examine witnesses. A written report will be prepared by the Chief of Police, or his designee, concluding whether or not the alleged misconduct occurred. A copy of the Chiefs report will be provided to the employee within five (5) calendar days following its preparation. 17.03 Disciplinary action may be appealed through only the Grievance Procedure. A notice to Arbitrate disciplinary actions must be filed with the Employer within five (5) caleildar days from the receipt of the notice of discipline. 17.04 Any employee under indicnnent or arrested for a felony shall be placed on leave of absence without pay until resolution of the couri pi•oceedings. An employee may use accrued vacation, holiday, or persoual time during the leave. An employee found guilty, by the trial colu-t may be discharged. An employee found innocent of the charges shall be paid for all lost time and shall have any vacation, holiday, or personal time restored to his credit. In addition, all expected cost or premium cost of hospitalization beilefits paid by such employee shall be reimbursed less amount of employee co-payment required per Article 12. The Employer shall, during the period for which the employee is utilizing vacation, holidays or personal time, continue to pay the employee's insurance premiums during the leave of absence. 13