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<br />ARTICLE 16 <br />DISCIPLINE <br />SECTION 16.1 The tenure of every employee subject to the <br />terms of this agreement shall be during good behavior and <br />efficient service. The Employer may take disciplinary <br />action against any employee in the bargaining unit only for <br />just cause. The Employer may take disciplinary action for <br />actions which occur tahile an employee is on duty, or which <br />occur while an employee is working under the colors of the <br />Employer, or in instances where the employee's conduct <br />violates his oath of office, or applicable rules and <br />regulations. Forms of disciplinary action are: <br />1. Written warning <br />2. k7ritten reprimand <br />3. Suspension without pay (at the option of the <br />employee, and with the concurrence of the Employer, <br />accrued vacation or holiday time may be forfeited <br />equal to the length of the suspension. Record of <br />suspension will be maintained.) <br />4. Reduction in pay or rank <br />5. Discharge. <br />SECTION 16.2 Whenever the Employer determines that an <br />employee may be disciplined for just cause that could result <br />in suspension, reduction, or termination, a disciplinary <br />hearing will be scheduled with the Chief of Police, within <br />thirty (30) calendar days from the presentation to the Chief <br />of Police of the determination to seek disciplinary action <br />by the Employer. The purpose of the hearing is to give the <br />employee an opportunity to offer explanation of the alleged <br />misconduct. At the hearing the employee shall be given <br />written specifications of the charges. Any disciplinary <br />action to be administered must be issued within forty-five <br />(45) calendar days of the date of the hearing. <br />The employee may choose to <br />1. Appear at the hearing to present oral or written <br />statements in his defense <br />2. Appear at the hearing and have an employee or non <br />employee representative of the FOP present oral or <br />written statements in his defense. <br />3. Elect in writing to waive the opportunity to have a <br />disciplinary hearing. Failure to elect and pursue <br />one of these three options will be deemed a <br />waiver of the employee's right to a disciplinary <br />hearing. <br />(27) <br />