Common use of Disciplinary Actions and Appeals Clause in Contracts

Disciplinary Actions and Appeals. 1. The City shall have ten (10) working days from the completion of the investiga- tion to initiate disciplinary action. The employee may appeal the placement of any disciplinary document in his/her permanent record by submitting an appeal letter within 10 working days of the employee being notified that any such document is to be placed in his or her file. This appeal letter should contain pertinent details of the basis for the appeal and should be submitted to the De- partment Head. Disciplinary documents which may be appealed include written warnings, reprimands, and less than satisfactory performance reports. It is mutually agreed that satisfactory and above employee performance evaluations are not eligible to be appealed. As soon as possible after receiving the appeal letter, the Department Head or his/her designee will schedule a hearing on the matter. The employee is entitled to representation at such hearing as specified under Article 12, Section A. After the hearing the Department Head or his/her designee will make a decision within 10 working days as to whether the written document will be retained in or removed from the employeeʼs record. This deci- sion shall be final and shall terminate the appeal procedure. 2. Disciplinary actions shall remain a permanent part of the employeeʼs file, with the exception of the following: a. When the employee has appealed the placement of a document in his or her file and the appeal has been upheld by the Department Head or his/her designee. b. When a disciplinary action has been appealed to the Civil Service Commis- sion in accordance with the appeal rights provided in Civil Service Rule XI and the Commission has directed that such record be removed from the employeeʼs file. 3. The City and Local 127 ascribe to the principles of just and progressive disci- ▇▇▇▇▇ where warranted and appropriate. These principles include: a. Performance Plan b. Oral Counseling

Disciplinary Actions and Appeals. 1. The City shall have ten (10) working days from the completion of the investiga- tion investigation to initiate disciplinary action. The employee may appeal the placement of any disciplinary document in his/his or her permanent record by submitting an appeal letter within 10 ten (10) working days of the employee being notified that any such document is to be placed in his or her file. This appeal letter should contain pertinent details of the basis for the appeal and should be submitted to the De- partment Department Head. Disciplinary documents which may be appealed include written warnings, reprimands, and less than satisfactory performance reports. It is mutually agreed that satisfactory and above employee performance evaluations are not eligible to be appealedSupplemental Performance Reports. As soon as possible after receiving the appeal letter, the Department Head or his/his or her designee will schedule a hearing on the matter. The employee is entitled to representation at such hearing as specified under Article 1245, Section A. After the hearing the Department Head or his/his or her designee will make a decision within 10 ten (10) working days as to whether the written document will be retained in or removed from the employeeʼs employee’s record. This deci- sion decision shall be final and shall terminate the appeal procedure. It is mutually agreed that performance reports that meet 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 his or her 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.” 2. Disciplinary actions shall remain a permanent part of the employeeʼs employee’s file, with the exception of the following: a. When the employee has appealed the placement of a document in his or her file and the appeal has been upheld by the Department Head or his/her designee. b. When a disciplinary action has been appealed to the Civil Service Commis- sion 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 employeeʼs employee’s file. 3. The City and Local 127 the Union ascribe to the principles of just and progressive disci- ▇▇▇▇▇ discipline where warranted and appropriate. These principles include: a. Performance Plan b. Oral Counseling