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.:.L:_ Gia C. _ / .._I <br />J <br />. (Move to 17.05 below) Upon receiving the notice, the employee <br />may choose to: <br />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 heaving 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 eerenee. <br />I -94 19.04. PrediscinGnary Conference/Procedure/Witnesses. At the disciplinary <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. Wig; <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 g conference. It <br />is the employee's responsibility to notify his witnesses that he desires their attendance at the <br />conference. The employee and his Union representative as well as the Employer will be <br />permitted to confront and cross examine witnesses. <br />44L.93 19.05. Prediscinlinary Report/RecommendadomDiscinlinary Ttneline. eke-effirl@yee <br />Qmwiifta . (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 Chief's report will be provided to the employee within five (5) calendar days <br />following its preparation. Any disciplinary action to be administered must be issued within forty- <br />five (45) days of the date of the hearing report being issued by the Chief of <br />Police/designee. <br />�Z94 19.06 Disciodnary Acdon/Anoeals. 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 />4;[.@; 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 afelony 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 />22 <br />48635773-9656, v.5 <br />