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<br /> <br />At the disciplinary hearing, the Chief of Police or his <br />designee, will ask the employee or his representative to <br />respond to the allegations of misconduct which were outlined <br />to the employee. At the hearing, the employee may present <br />any testimony, witnesses, or documents which he feels may be <br />germane to the charges. The employee shall provide a list of <br />witnesses, and the name and occupation of his <br />representative, if any, to the Employer as far ire advance as <br />possible, but no later than eight (8) hours prior to the <br />hearing. It is the employee's responsibility to notify his <br />witnesses that he desires their attendance at the hearing. <br />The employee, as well as the employer, will be permitted to <br />confront and cross examine witnesses. A written report will <br />be prepared by the Chief of Police, or his designee, <br />concluding whether or not the alleged misconduct occurred. <br />A copy of the Chief's report will be provided to the <br />employee within five (5) calendar days following its <br />preparation. <br />SECTION 16.3 Disciplinary action may be appealed through <br />the arbitration procedure. A notice to Arbitrate <br />disciplinary actions must be filed with the Employer within <br />five (5) calendar days from the receipt of the notice of <br />discipline. <br />SECTION 16.4 Any employee under indictment or arrested for <br />a felony shall be placed on leave of absence without pay <br />until resolution of the court proceedings. An employee may <br />use accrued vacation, holiday, or personal time during the <br />leave. An employee found guilty by the trail court may be <br />discharged. An employee found innocent of the charges shall <br />be paid for all lost time and shall have any vacation, <br />holiday, or personal time restored to his credit. In <br />addition, all expected cost or premium cost of <br />hospitalization benefits paid by such employee shall be <br />reimbursed less amount of employee co-payment required per <br />article 11. The Employer shall during the period for which <br />the employee is utilizing vacation, holidays or personal <br />time continue to pay the employee's insurance premiums <br />during the leave of absence. <br />Upon exhausting vacation, Holidays and Personal time, <br />said employee will be required to pay the Director of <br />Finance (100%) of all expected cost or premium cost for the <br />purpose of continuing hospitalization benefits during the <br />balance of the leave of absence. <br />(28) <br />