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(4 6) <br />. (Move to 17.05 below) Upon receiving the notice, the employee <br />may choose to: <br />1. Appear at the hearing to present oral or written statements in his defense; <br />2. Appear at the hearing and have an employee or non-employee representative of the FOP <br />present oral or written statements in his defense; <br />3. Elect in writing to waive the opportunity to have a disciplinary heavieg conference. Failure <br />to elect and pursue one of these three options will be deemed a waiver of the employee's <br />right to a disciplinary hearing eea€erenee. <br />14.94 19.04. Predisciolinary Conference/Procedure/R'itnesses. At the disciplinary heaving <br />conference, the Chief of Police or his designee, will ask the employee or his representative to <br />respond to the allegations of misconduct which were outlined to the employee. At -the -heaving <br />The employee may present any testimony, witnesses, or documents which he feels may be germane <br />to the charges. The employee shall provide the name of his representative, if any, to the Employer <br />as far in advance as possible, but no later than eight (8) hours prior to the heaving conference. It <br />is the employee's responsibility to notify his witnesses that he desires their attendance at the <br />heaving conference. The employee and his Union representative as well as the Employer will be <br />permitted to confront and cross examine witnesses. <br />i7.06 19.05. Predisciplinary Report/Recommendation/Disciplinary Timeline. 4'Ae 9e pleyee <br />and his union Forpommative as well as ske rsmP185.9f, will be pamiged se SHH48ft! and efess <br />enem. oisnesses. (Relocated above) Following the conference, a written report will be prepared <br />by the Chief of Police, or his designee, concluding whether or not the alleged misconduct occurred. <br />A copy of the Chiefs report will be provided to the employee within five (5) calendar days <br />following its preparation. Any disciplinary action to be administered most be issued within forty- <br />five (45) ealeadev days of the date of the hearing report being issued by the Chief of <br />Policeldesignee. <br />14.96 19.06 Disciplinary Action/Appeals. Disciplinary action involving a loss in pay may be <br />appealed only through the Grievance and Arbitration Procedure. Disciplinary action involving <br />a loss in pay or termination may be grieved immediately at <br />Step 3 of the grievance procedure, but must be grieved within five (5) days of receipt of the <br />discipline received from the Employer. Within thirty (30) calendar days from the date of the final <br />answer on a grievance from Step 3, the FOP shall notify the Employer, in writing, of its intent to <br />seek arbitration. Disciplinary actions not involving a loss in pay may be appealed through the <br />grievance procedure beginning at Step 2, but are not eligible for arbitration. <br />W.0; 19.07. Administrative Leave/Felony Indictment. Any employee under indictment or <br />arrested for a felony shall be placed on leave of absence without pay until resolution of the court <br />proceedings. An employee may use accrued vacation, holiday, or personal time during the leave. <br />An employee found guilty of a felony by the trial court may be discharged and such action is non - <br />appealable. Unless the Employer seeks disciplinary action based on the employee's violation of <br />24 <br />4688-1562-5157, v. 3 <br />