2018-084 Resolution - Laserfiche WebLink

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17.02 Whenever the Employer determines that an employee may be disciplined forjust cause that could result in suspension, reduction, or termination, a disciplinary hearing will be scheduled with the Chief of Police, within thirty (30) calendar days from the presentation to the Chief of Police of the written investigation report, findings and recommendations of the investigation. The purpose of the hearing is to give the employee an opportunity to offer explanation of the alleged misconduct. Prior to the hearing the employee shall be given written specifications of the charges. At the hearing the employee shall be represented by his/her FOP/OLC union representative, unless the Employee chooses otherwise in writing to the union, No employee union representative may represent an employee at a disciplinary hearing without written approval of the staff representative assigned to the bargaining unit. Notification shall be made by the Employer, Chief of Police or his designee within a reasonable amount of time. 17.03 Any disciplinary action to be administered must be issued within forty -live (45) calendar days of the date of the hearing. The employee may choose to: 1. Appear at the hearing to present oral or written statements in his defense 2. Appear at the hearing and have an employee or non employee representative of the FOP present oral or written statements in his defense. 3. Elect in writing to waive the opportunity to have a disciplinary hearing. Failure to elect and pursue one of these three options will be deemed a waiver of the employee's right to a disciplinary hearing. 17.04 At the disciplinary hearing, the Chief of Police or his designee, will ask the employee or his 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 the name 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. 17.05 The employee and his union representative 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. 17.06 Disciplinary action may be appealed only through the Grievance Procedure. Disciplinary action involving suspension, reduction, or termination may be grieved immediately at Step 3 of the grievance procedure, but must be grieved within five (5) days of receipt of the discipline received from the Employer. Within thirty (30) calendar clays from the date of the final answer on a grievance from Step 3, the FOP shall notify the Employer, in writing, of its intent to seek arbitration. 17.07 Any employee under indictment or arrested for a felony shall be placed on leave of absence without pay until resolution of the court proceedings. An employee may use accrued vacation, holiday, or personal time during the leave. An employee found guilty by the trial court 16