Common use of Disciplinary Actions and Appeals Clause in Contracts

Disciplinary Actions and Appeals. A. The employee may appeal the placement of any disciplinary action in his or her official Personnel file by submitting an appeal letter within ten (10) working days of the employee being notified of any disciplinary action copied to the employee’s official Personnel file. As soon as possible after receiving the appeal letter, the Department Head or his or her designee will schedule a hearing on the matter to serve as an objective Hearing Officer. The employee is entitled to representation at such hearing as specified under Article 45, Section A. This appeal presentation should contain pertinent details of the basis for the appeal. The Hearing Officer will make a decision within ten (10) working days as to whether the disciplinary action will be upheld, reduced, or dismissed. This decision shall be final and conclude the appeals process for all non-property-rights disciplinary actions. It is mutually agreed that performance reports that meet standards are not eligible to be appealed but may be reviewed in accordance with City’s Personnel Rule, G-7A section VII B (2) which states: B. Disciplinary actions shall remain a permanent part of the employee’s official Personnel file, with the exception of the following: 1. When the employee has appealed the placement of a document in his or her file and the appeal has been upheld by the designated Hearing Officer. 2. When a disciplinary action has been appealed to the Civil Service Commission in accordance with the appeal rights provided in Civil Service Rule XI and the Commission has directed that such record be removed from the employee’s official Personnel file. C. The City and the Union ascribe to the principles of just and progressive discipline where warranted and appropriate. These principles include: 1. Performance Plan 2. Verbal Counseling 3. Written Counseling 4. Performance Evaluation

Disciplinary Actions and Appeals. A. The employee may appeal the placement of any disciplinary action in his or her their official Personnel file by submitting an appeal letter within ten (10) working days of the employee being notified of any disciplinary action copied to the employee’s official Personnel file. As soon as possible after receiving the appeal letter, the Department Head or his or her designee will schedule a hearing on the matter to serve as an objective Hearing Officer. The employee is entitled to representation at such hearing as specified under Article 45, Section A. This appeal presentation should contain pertinent details of the basis for the appeal. The Hearing Officer will make a decision within ten (10) working days as to whether the disciplinary action will be upheld, reduced, or dismissed. This decision shall be final and conclude the appeals process for all non-property-rights disciplinary actions. It is mutually agreed that performance reports that meet standards are not eligible to be appealed but may be reviewed in accordance with City’s Personnel Rule, G-7A section VII B (2) which states:: “Employees may not appeal evaluations received during Supervisor-Employee Conferences. When employees have concerns about evaluations other than Supplemental Performance Reports, the Department Head should designate someone, other than the rater or reviewer, to meet with the employee and their representative in an attempt to resolve any differences or dissatisfaction. These reviews may result in changes being made to the evaluation, but are not to be considered an appeal of the evaluation. In addition, employees may attach rebuttal information to the evaluation if they disagree with any part of the evaluation.” B. Disciplinary actions shall remain a permanent part of the employee’s official Personnel file, with the exception of the following: 1. When the employee has appealed the placement of a document in his or her their file and the appeal has been upheld by the designated Hearing Officer. 2. When a disciplinary action has been appealed to the Civil Service Commission in accordance with the appeal rights provided in Civil Service Rule XI and the Commission has directed that such record be removed from the employee’s official Personnel file. C. The City and the Union ascribe to the principles of just and progressive discipline where warranted and appropriate. These principles include: 1. Performance Plan 2. Verbal Counseling 3. Written Counseling 4. Performance Evaluation 5. Reduction in Compensation 6. Demotion 7. Termination Misconduct Issues 1. Verbal Warning 2. Written Warning