Common use of Appeal of Disciplinary Actions Clause in Contracts

Appeal of Disciplinary Actions. A written Notice of Appeal, in a form acceptable to the Human Resources Director, must be filed with and received by the Human Resources Director within five (5) working days from the effective date of the disciplinary action. Failure to file a Notice of Appeal within this specified time period shall be deemed a waiver of any right to appeal the action taken. No exceptions to this failure-to-file time period will be permitted. The Notice of Appeal must state the reasons for the appeal and whether the Hearing Panel or Administrative Law Judge type of hearing is selected. In the event that the State of California’s procedures allow for the selection of an Administrative Law Judge (ALJ), the County and the Association shall be allowed one strike- through each on the selection of an ALJ. Once the strike-through(s) have occurred, the next ALJ appointed by the State shall hear the matter. Either party must serve written notice upon the other within seven (7) calendar days of being notified of the name of the ALJ in order for the strike-through to be considered timely. PROCEDURES APPLICABLE TO ALL HEARINGS The County's representative, the department's representative, the appellant, and the appellant's representative, if any, shall meet in a conference at least twenty (20) days prior to the hearing in an attempt to resolve the appeal. If resolution is not possible, the parties shall narrow the issues of the appeal, stipulate to as many facts as possible, exchange all relevant information and evidence, including a summary of anticipated testimony, copies of specific provisions and/or rules, policies, procedures, ordinances regulations and/or articles of the MOU which the appellant alleges has been violated, and the names of the representatives who will be presenting the case. The parties shall also submit to each other a written statement of their position. Except for rebuttal testimony, modification of position statements or newly discovered facts, positions or witness not shared at the conference will not be presented to or considered by the hearing officer. In the case of newly discovered facts discovered after the conference, they must be shared with the other party within 48 hours of the discovery or within 48 hours prior to the scheduled hearing, whichever is earlier, in order to be considered by the hearing officer. The hearing shall be open to the public only if the employee so requests. The employee shall be present in person at the hearing and may be represented by counsel and/or by a representative of an employee organization of which the employee is a member. The employee's department may be represented by counsel and/or have a lay representative present throughout the hearing. 34.2.1 All witnesses who are not parties may be excluded from the hearing by the hearing officer or Panel Chairman except when testifying. If the employee does not testify in his or her own behalf, the employee may be called and examined as an adverse witness. All testimony shall be taken under oath or affirmation. 34.2.2 The rules of evidence do not apply and any evidence upon which reasonable persons might rely in the conduct of their everyday affairs may be admitted. Persons who provide direct testimony may be called by the other party for cross examination under oath. Cross examination shall be limited to those areas covered in their prior testimony. The hearing officer controls which evidence is admitted. 34.2.3 The hearing officer may take official notice of any matter which may be judicially noticed. The County Administrative Officer may promulgate such additional hearing procedures as he deems necessary.

Appeal of Disciplinary Actions. A written Notice of Appeal, in a form acceptable to the Human Resources Director, must be filed with and received by the Human Resources Director within five (5) working days from the effective date of the disciplinary action. Failure to file a Notice of Appeal within this specified time period shall be deemed a waiver of any right to appeal the action taken. No exceptions to this failure-to-file time period will be permitted. The Notice of Appeal must state the reasons for the appeal and whether the Hearing Panel or Administrative Law Judge type of hearing is selected. In the event that the State of California’s procedures allow for the selection of an Administrative Law Judge (ALJ), the County and the Association shall be allowed one strike- through each on the selection of an ALJ. Once the strike-through(s) have occurred, the next ALJ appointed by the State shall hear the matter. Either party must serve written notice upon the other within seven (7) calendar days of being notified of the name of the ALJ in order for the strike-through to be considered timely. PROCEDURES APPLICABLE TO ALL HEARINGS The County's representative, the department's representative, the appellant, and the appellant's representative, if any, shall meet in a conference at least twenty (20) days prior to the hearing in an attempt to resolve the appeal. If resolution is not possible, the parties shall narrow the issues of the appeal, stipulate to as many facts as possible, exchange all relevant information and evidence, including a summary of anticipated testimony, copies of specific provisions and/or rules, policies, procedures, ordinances regulations and/or articles of the MOU which the appellant alleges has been violated, and the names of the representatives who will be presenting the case. The parties shall also submit to each other a written statement of their position. Except for rebuttal testimony, modification of position statements or newly discovered facts, positions or witness not shared at the conference will not be presented to or considered by the hearing officer. In the case of newly discovered facts discovered after the conference, they must be shared with the other party within 48 hours of the discovery or within 48 hours prior to the scheduled hearing, whichever is earlier, in order to be considered by the hearing officer. The hearing shall be open to the public only if the employee so requests. The employee shall be present in person at the hearing and may be represented by counsel and/or by a representative of an employee organization of which the employee is a member. The employee's department may be represented by counsel and/or have a lay representative present throughout the hearing. 34.2.1 37.2.1 All witnesses who are not parties may be excluded from the hearing by the hearing officer or Panel Chairman except when testifying. If the employee does not testify in his or her own behalf, the employee may be called and examined as an adverse witness. All testimony shall be taken under oath or affirmation. 34.2.2 37.2.2 The rules of evidence do not apply and any evidence upon which reasonable persons might rely in the conduct of their everyday affairs may be admitted. Persons who provide direct testimony may be called by the other party for cross examination under oath. Cross examination shall be limited to those areas covered in their prior testimony. The hearing officer controls which evidence is admitted. 34.2.3 37.2.3 The hearing officer may take official notice of any matter which may be judicially noticed. The County Administrative Officer may promulgate such additional hearing procedures as he deems necessary.