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(a) When an employee is to be disciplined, the Division Head or Department Head shall have the charges against the employee reduced to writing, with one (1) copy to be delivered to the employee at the job site and a copy delivered to the local Union President's office. Delivery to the employee shall be deemed to have occurred if the charges are hand-delivered, or in the event that hand-delivery fails, placed in the U.S. mail. Delivery at the employee's home will be utilized as a last resort - normally where time is of the essence. Delivery to the local Union President's office shall be deemed to have occurred if the charges are hand- delivered, sent by facsimile (fax) transmission, left at the office with a Union representative or Union employee, or placed in the U.S. mail using certified or registered mail, return receipt requested. Where resort to U.S. mail occurs, the date of the posting shall control and a written certification shall be provided to the Hearing Officer stating the date of mailing and address to which mailed. The employee's last known address shall be utilized.
The local Union President or Chief Steward shall be notified when an investigation begins that could lead to an infraction. In no case shall the notification be more than five (5) work days (M-F not including holidays) after the Bureau's knowledge. This notification cannot be brought up at the disciplinary hearing as an issue of failing to follow procedure.
Charges must be brought within fifteen (15) workdays (Monday through Friday, except holidays) of the Bureau notifying the Union that an investigation has begun. If the Bureau needs more time to investigate, they can request an extension in writing from the Union. However, charges must be brought within thirty (30) working days (M-F not including weekends and holidays) from the date of the incident that may lead to an infraction after the thirty (30) workday time period, the time periods under this section will start from the Bureau's verifiable knowledge of the incident. This does not preclude the parties from mutually agreeing to extend timeframes. If an employee's work related activities are being challenged through litigation, any disciplinary action that could be considered by the City may be deferred pending the conclusion of litigation. The hearing shall be held by the City's designated hearing officer on a date and time mutually agreed upon, but no more than ten (10) work days (Monday through Friday) after the charges have been served on the employee, unless mutually agreed upon otherwise. In the event the hearing cannot be held because of the absence of the employee, Division or Department Head then it shall be held within five (5) work days (Monday through Friday) after the return of the employee and/or Division or Department Head.
(b) Charges shall be preferred by the Division or Department Head and, if different, the individual originally lodging them. The designee of the City shall serve as the Hearing Officer.
(c) The employee shall have the right to be represented at such hearing by the Union. The bargaining representative shall have the right to attend any such hearing held where an employee included in the jurisdiction of the Bargaining Unit is involved.
(d) The employee shall be presumed to be innocent and the burden shall be on the employer to show fault by the evidence presented at the hearing. The employee or his representative shall have the right to confront and question the accuser, the right to call and examine witnesses in the employee's behalf, the right to have all pertinent records made available, and the right to file a written answer to the charges prior to the hearing.
(e) The designee of the City shall hear only the evidence in support of the charges and only the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The designee of the City shall make a recommendation to the Mayor on the case within ten (10) work days (Monday through Friday) following the closing of the hearing.
(f) In appropriate cases, referral to the Employee Assistance Program may be considered pursuant to the provisions of Section 2115.35, “Employee Assistance Program”.
(g) If the recommendation of the designee of the City is for dismissal or demotion, then the Mayor or designated member of the Mayor's staff shall within ten (10) workdays schedule the hearing to hear oral arguments from the parties relative to the recommended penalty. It is the intention of the parties to hold the hearing within ten (10) workdays. A fair and just decision based on the arguments submitted at the hearing will be rendered in a timely manner. Termination from employment shall not occur until the Mayor’s decision is rendered.
If the recommendation of the designee of the City is for termination, the employee will be removed immediately from his/her position and will be suspended on administrative leave without pay, unless the employee elects to use available vacation and/or compensatory time pending the Mayor's decision.
(h) Penalties imposed as a result of the hearing shall be in compliance with the Progressive Disciplinary Procedure in Section 2115.30 or the Advanced Disciplinary Procedure in Section 2115.31 or, when applicable, policies and/or Memoranda of Understanding regarding D.O.T. drug and alcohol procedures, and only those penalties agreed upon by the parties or imposed by the Hearing Officer except as otherwise provided by this agreement.
(a) Any disciplinary action involving a suspension, a demotion or discharge, shall, at the option of the employee, be subject to the appeal procedure of the Civil Service Commission or shall, at the option of the Union Grievance Committee, be subject to the arbitration procedure provided in Section 2115.21, “Intent”, through Section 2115.25, “Failure to Answer or Appeal”. When the Union Grievance Committee has elected to file a grievance pursuant to the procedures set forth in said arbitration procedure and the employee subsequently files an appeal to the Civil Service Commission, then said grievance shall be considered waived, the employee having elected to appeal to the Civil Service Commission under the Civil Service Rules, as provided by the Charter of the City.
(b) Any disciplinary action involving a written or verbal warning shall be subject to the grievance procedure commencing at the operational level. An appeal of the decision may be submitted to the Department of Human Resources whose decision will be final and binding on the parties.
When an employee is to be given a verbal warning, the matter shall be privately discussed between the employee and appropriate supervisor. The Union steward shall be informed and shall have a right to be present so that the Union can be afforded an opportunity to discuss the matter with the employee. A record of the infraction shall be maintained, subject to the provisions of Section 2115.32, “Clearing of Employee's Record”, herein.
In order to insure that all employees are treated fairly, the following standard procedure for imposing disciplinary action on employees guilty of minor infractions shall be followed. This procedure shall apply to all disciplinary infractions except theft, embezzlement of public funds, being under the influence of alcoholic beverages or abusive drugs during work hours, physical violence, offenses involving gross misconduct, or gross insubor dination.
Level A
Reprimand
Step One:
An employee who commits a minor infraction within twelve (12) months of issuance of a verbal warning shall be given a written reprimand and be placed in Step One of this procedure. Reprimands shall be discussed with the employee privately. The Union steward shall be present and informed so that the Union can be afforded an opportunity to discuss the matter with the employee. A copy of the reprimand will be furnished to the Department of Human Resources, the Union Steward and the Union office.
Level B
Suspension
Step Two: Suspension--one to ten days
An employee found guilty of a minor infraction within twelve (12) months of issuance of a reprimand shall: Be suspended without pay for up to ten (10) work days depending upon the investigation of the cause of the rule infraction, the employee's work record and the seriousness of the infraction.
Step Three: Suspension--eleven to twenty days
An employee found guilty of another minor infraction within sixteen (16) months thereafter shall be suspended without pay for from eleven (11) to twenty (20) work days, depending upon the investigation of the cause of the rule infraction, the employee's work record and the seriousness of the infraction.
Level C
Discharge
Step Four: An employee found guilty of another minor infraction within twenty-one (21) months thereafter may be discharged.
The designee of the City shall have the final say as to the severity of the penalty to be imposed as long as the penalty does not exceed the above procedure. The hearing officer may in his/her discretion order repetition of a prior penalty rather than advancement to the next penalty level.
With regard to the major offenses of theft, embezzlement of public funds, being under the influence of alcoholic beverages or abusive drugs during working hours, the use of alcoholic beverages or abusive drugs during working hours, physical violence, offenses involving gross misconduct, or gross insubor dination, the employee is subject to advanced disciplinary action as deemed appropriate by management, rather than the Progressive Disciplinary Procedure established under Section 2115.30, “Progressive Disciplinary Procedures”. The disciplinary action shall also place the employee at the equivalent level in the Progressive Disciplinary Procedure.
Verbal and written reprimands shall be removed from an employee's record after one (1) year from the date of the disciplinary finding provided that no minor infractions occur in the interim.
Employees found guilty of minor infractions and placed in Step 2 of the Progressive Disciplinary Procedure shall have the record removed if no minor or major infractions occur within an eighteen (18) month period thereafter.
Employees found guilty of minor infractions and placed in Step 3 of the Progressive Disciplinary Procedure shall have the record removed if no minor or major infractions occur within a twenty- four (24) month period thereafter.
Major infractions shall be removed from an employee's record after three (3) years from the date of the disciplinary finding provided no other major or minor infraction occurs in the interim.
Records of expunged disciplinary actions shall be removed from the employee's personnel records and shall not be used as a basis for future disciplinary actions, or used as a basis for denial of a transfer, demotion or promotional opportunity, except employees placed at Step 3 or higher may continue to have the discipline considered for promotional purposes for a period of one (1) year after its removal. An employee has a right to review his/her disciplinary file in their department and at the Department of Human Resources level on an annual basis.
A schedule of records retention and disposition shall be created consistent with the above time frames and submitted for approval to the appropriate authorities. Upon approval of the schedule, expunged disciplinary records will be destroyed. The City may maintain a statistical record showing numbers, type, and levels of discipline and a statistical profile of employees disciplined, but shall not maintain any records identifying individual employees beyond the specified periods.
Reprimands may be removed after five (5) months from the date of the reprimand at the discretion of the Communications Captain. Employees requesting removal shall submit a written request to the Captain.
Counseling is intended to be used as a corrective, rather than a punitive, measure and should be used to call attention to proper procedures, performance and expectations. When it becomes necessary for a supervisor to counsel an employee, it shall be done in private in a manner which will not cause embarrassment to the employee. This shall normally occur within ten (10) work days of the offense.
Counseling records shall be removed after nine (9) months from their issuance and destroyed in accordance with the provisions of Section 2115.32, “Clearing of Employee's Record”.
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