Common use of Disciplinary Process Clause in Contracts

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have three (3) working days’ notice of such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or if he/she is unavailable, the Lieutenant Colonel. Any discipline ordered or imposed shall be administered to the employee by the Troop or Division Commander or his/her designee. 29.8.5 The Internal Affairs investigation shall be conducted and submitted to the Agency Director. The final decision on the matter will be given to the affected employee within a total of seventy (70) calendar days of receipt of the complaint at State Headquarters, or within seventy (70) calendar days of the initiation of the investigation when the investigation was on hold awaiting the results of a criminal investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have three (3) working days’ notice of such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or if he/she is unavailable, the Lieutenant Colonel. Any discipline ordered or imposed shall be administered to the employee by the Troop or Division Commander or his/her designee. 29.8.5 The Internal Affairs investigation shall be conducted and submitted to the Agency Director. The final decision on the matter will be given to the affected employee within a total of seventy (70) calendar days of receipt of the complaint at State Headquarters, or within seventy (70) calendar days of the initiation of the investigation when the investigation was on hold awaiting the results of a criminal investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.three

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The OutsThe current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have three (3) working days’ notice of such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or if he/she is unavailable, the Lieutenant Colonel. Any discipline ordered or imposed shall be administered to the employee by the Troop or Division Commander or his/her designee. 29.8.5 The Internal Affairs investigation shall be conducted and submitted to the Agency Director. The final decision on the matter will be given to the affected employee within a total of seventy (70) calendar days of receipt of the complaint at State Headquarters, or within seventy (70) calendar days of the initiation of the investigation when the investigation was on hold awaiting the results of a criminal investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.three

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. A. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without payis questioned about a matter that he/she reasonably believes may lead to discipline, the employee shall be given entitled to advice, assistance and/or representation by the Union. In these situations, an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive make this opportunity. 29.8.4 A disciplinary conference request at any time and shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3.granted such representation before any further discussion takes place. An employee, 4., 5.▇▇▇▇▇▇▇, or 6. in paragraph 29.1.1 (suspension and more serious). The employee local union officer shall have three (3) working days’ notice of not provide such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice advice, assistance or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or representation if he/she is unavailablealso under investigation or a witness in that same matter. B. A regular employee will be given at least ten (10) calendar days notice prior to the effective date of a suspension, Notice of Unacceptable Conduct explicitly given in lieu of suspension, involuntary demotion or dismissal. Such notices will indicate the reasons for such action and provide a sufficient amount of time for the employee to show reasons why the action should not be taken. The employee may choose to respond either in writing or to request a meeting with the appointing authority or designee. An employee may have a union ▇▇▇▇▇▇▇ or representative to advice, assist, or represent the employee during any such meeting. An employee shall not be denied the request for the meeting. C. The Employer shall attempt to hold these meetings, as described in Section 3(B) of this Article, during the employee’s work time. If arrangements for such cannot be reasonably made, the Lieutenant ColonelEmployer will attempt to schedule the meeting immediately before or after the employee’s shift. Any Such time will be considered work time. D. The arrangements for assistance or representation shall not delay the proceedings. E. The Employer may place an employee on administrative leave with pay pending a decision on whether or not discipline ordered or imposed shall be administered to imposed. F. When a suspension, Notice of Unacceptable Conduct explicitly given in lieu of suspension, involuntary demotion or dismissal is proposed, a regular employee will be notified of the charge, and before the action is effective, the employee will be given the disciplinary letter and, upon request and as permitted by law, documentation regarding the Troop or Division Commander or action to be taken. The letter shall set forth in substance the reasons for the action and the employee’s appeal rights. Once an appeal of a disciplinary action is filed under the Grievance and Arbitration Article of this Labor Contract, all pertinent witnesses and information will be provided in accordance with that Article. The employee is authorized to share such information with his/her designeerepresentative. 29.8.5 The Internal Affairs G. No employee covered by this Labor Contract will be required to take a polygraph examination or Computer Voice Stress Analysis (CVSA) as a condition of retaining employment, nor shall he or she be subject to discipline (up to and including dismissal) for refusal to take such examination, except for in cases in which a polygraph or CVSA examination is used to aid in an investigation of alleged client abuse or neglect or alleged work-related criminal or civil rights violations. All examinations mentioned herein shall be conducted and submitted at no cost to the Agency Director. employee. H. Grievances of disciplinary actions are governed by the procedures outlined in Article 5 of this Labor Contract. I. If the Employer has reason to correct, counsel, or discipline an employee, it shall be done as privately as possible. J. The final decision on Employer agrees to inform the matter will be given to employee, who is the affected employee within a total of seventy (70) calendar days of receipt subject of the complaint at State Headquartersinvestigation, or of the outcome, in writing, within seventy seven (707) calendar days of the initiation completion of the investigation when the investigation was on hold awaiting the results of a criminal any investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.

Disciplinary Process. 29.8.1 A decision Disciplinary action may be taken against a Faculty Member for just cause. If discipline of a Faculty Member is being considered, an employee’s appropriate supervisor to forward an allegation of misconduct to investigation must be conducted and the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administeredfollowing actions must occur before any disciplinary action is taken. 29.8.2 Upon completion A. Disciplinary Investigation Prior to an investigation required by Article 3.7, the Faculty Member and the Union shall be provided written notice of the investigation, the completed investigatory file allegations being considered, the possibility of disciplinary action and the right to union representation. The Faculty Member shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given provided an opportunity to meet with the Superintendent appropriate administrator to respond to the allegations and may be represented by a designated UAFT representative. Faculty Members subject to investigation may be suspended with pay during the course of an investigation if their continued presence poses threat of harm to themselves, others, or his/her designee to present information bearing on the propriety of a University, as determined by the University. Such suspension without payshall not be considered disciplinary action. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference In the investigatory meeting, the Faculty Member shall be conducted between permitted to respond to questions and to provide information or evidence relevant to the employee and allegations under investigation. A Faculty Member who elects not to attend, or who refuses to answer questions during the agency director investigatory meeting, shall be considered to have waived the right to respond to the allegations prior to the imposition potential disciplinary action. B. Implementation of Disciplinary Action Disciplinary action shall proceed according to the process set forth herein. 1. The University shall provide the Faculty Member and the Union written notice of disciplinary action in advance of a meeting with the Faculty Member and, at the discretion of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3.Faculty Member, 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious)a designated UAFT representative. The employee notice shall have three (3) working days’ include the findings of the investigation and notice of such meeting. The employee shall that the Faculty Member may have the right to be represented in challenge the disciplinary conference by an individual of his/her choice or legal counselaction as provided in Article 4. The employee If the Faculty Member does not attend the meeting, the notice shall be afforded an opportunity in such conference to present mitigating circumstances mailed to the Agency Director or designee. The conference can be conducted either telephonically or in person by the ColonelFaculty Member's last known address, or if he/she is unavailable, the Lieutenant Colonel. Any discipline ordered or imposed shall be administered with a copy to the employee by the Troop or Division Commander or his/her designee. 29.8.5 The Internal Affairs investigation shall be conducted and submitted to the Agency Director. The final decision on the matter will be given to the affected employee within a total of seventy (70) calendar days of receipt of the complaint at State Headquarters, or within seventy (70) calendar days of the initiation of the investigation when the investigation was on hold awaiting the results of a criminal investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasonsUAFT. 2. The employee shall receive a copy of such request for extension. 3Disciplinary action up to termination may take effect immediately upon notice to the Faculty Member. The employee shall receive a copy Termination may take effect five days after notice to the Faculty Member and UAFT, during which time the Faculty Member may be suspended without pay, at the discretion of the approved extensionUniversity. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. a) If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without payis questioned about a matter that he/she has reasonable ground to believe it may lead to discipline, the employee shall be given entitled to advice, assistance or representation by the Union. In these situations, an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive make this opportunity. 29.8.4 A disciplinary conference shall request at any time and will be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3.granted such representation before any further discussion takes place. An employee, 4., 5.▇▇▇▇▇▇▇, or 6. in paragraph 29.1.1 (suspension and more serious). The employee local union officer shall have three (3) working days’ notice of not provide such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice advice, assistance or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or representation if he/she is unavailablealso under investigation in that same matter. b) A regular employee will be given at least ten(10) calendar days notice prior to the effective date of a suspension, involuntary demotion or dismissal. Such notices will indicate the reasons for such action and provide a sufficient amount of time for the employee to show reasons why the action should not be taken. The employee may choose to respond either in writing or to request a meeting with the appointing authority or designee. An employee may have a union ▇▇▇▇▇▇▇ or representative to advise, assist, or represent the employee during any such meeting. An employee shall not be denied the request for the meeting. c) The Employer shall attempt to hold these meetings, as described in Section 3(b) of this Article, during the employee’s work time. If arrangements for such cannot be reasonably made, the Lieutenant ColonelEmployer will attempt to schedule the meeting immediately before or after the employee’s shift. Any Such time will be considered work time. d) The arrangements for assistance or representation shall not delay the proceedings. e) The Employer may place an employee on administrative leave with pay pending a decision on whether or not discipline ordered or imposed shall be administered imposed. f) When a suspension, involuntary demotion or dismissal is proposed, a regular employee will be notified of the charge, and before the action i s effective, the employee will be given the disciplinary letter and, upon request and as permitted by law, documentation regarding the action to be taken. The letter shall set forth in substance the reasons for the action and the employee’s appeal rights. During the investigation stage where there is a possibility that discipline will occur, the documentation of a written reprimand, suspension, involuntary demotion or dismissal may include names of witnesses and copies of pertinent documents, and will be provided at no cost to the employee by on the Troop or Division Commander or next regular business day of such request. However, once an appeal of a disciplinary action is filed under the Grievance and Arbitration Article of this Agreement, all pertinent witnesses and information will be provided in accordance with that Article. The employee is authorized to share such information with his/her designeerepresentative. 29.8.5 The Internal Affairs investigation g) No employee covered by this agreement will be required to take a polygraph examination or Computer Voice Stress Analysis (CVSA) as a condition of retaining employment, nor shall he or she be subject to discipline for refusal to take such examination except in cases of alleged client abuse or neglect as provided in Section 4 of this Article. h) Grievances of disciplinary actions are governed by the procedures outlined in Article 8 (Grievance and Arbitration). i) If the Employer has reason to correct, counsel, or discipline an employee, it shall be conducted and submitted done as privately as possible. j) The Employer agrees to inform the Agency Director. The final decision on employee, who is the matter will be given to the affected employee within a total of seventy (70) calendar days of receipt subject of the complaint at State Headquartersinvestigation, or within seventy (70) calendar days of the initiation outcome, in writing, within seven (7) days upon completion of the investigation when the investigation was on hold awaiting the results of a criminal any investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.

Disciplinary Process. 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. A. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without payis questioned about a matter that he/she reasonably believes may lead to discipline, the employee shall be given entitled to advice, assistance and/or representation by the Union. In these situations, an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive make this opportunity. 29.8.4 A disciplinary conference request at any time and shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3.granted such representation before any further discussion takes place. An employee, 4., 5.▇▇▇▇▇▇▇, or 6. in paragraph 29.1.1 (suspension and more serious). The employee local union officer shall have three (3) working days’ notice of not provide such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice advice, assistance or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or representation if he/she is unavailablealso under investigation in that same matter. B. A regular employee will be given at least ten (10) calendar days notice prior to the effective date of a suspension, involuntary demotion or dismissal. Such notices will indicate the reasons for such action and provide a sufficient amount of time for the employee to show reasons why the action should not be taken. The employee may choose to respond either in writing or to request a meeting with the appointing authority or designee. An employee may have a union ▇▇▇▇▇▇▇ or representative to advice, assist, or represent the employee during any such meeting. An employee shall not be denied the request for the meeting. C. The Employer shall attempt to hold these meetings, as described in Section 3(B) of this Article, during the employee’s work time. If arrangements for such cannot be reasonably made, the Lieutenant ColonelEmployer will attempt to schedule the meeting immediately before or after the employee’s shift. Any Such time will be considered work time. D. The arrangements for assistance or representation shall not delay the proceedings. E. The Employer may place an employee on administrative leave with pay pending a decision on whether or not discipline ordered or imposed shall be administered to imposed. F. When a suspension, involuntary demotion or dismissal is proposed, a regular employee will be notified of the charge, and before the action is effective, the employee will be given the disciplinary letter and, upon request and as permitted by law, documentation regarding the Troop or Division Commander or action to be taken. The letter shall set forth in substance the reasons for the action and the employee’s appeal rights. Once an appeal of a disciplinary action is filed under the Grievance and Arbitration Article of this Labor Contract, all pertinent witnesses and information will be provided in accordance with that Article. The employee is authorized to share such information with his/her designeerepresentative. 29.8.5 The Internal Affairs G. No employee covered by this Labor Contract will be required to take a polygraph examination or Computer Voice Stress Analysis (CVSA) as a condition of retaining employment, nor shall he or she be subject to discipline (up to and including dismissal) for refusal to take such examination, except for in cases in which a polygraph or CVSA examination is used to aid in an investigation of alleged client abuse or neglect or alleged work-related criminal or civil rights violations. All examinations mentioned herein shall be conducted and submitted at no cost to the Agency Director. employee. H. Grievances of disciplinary actions are governed by the procedures outlined in Article 5 of this Labor Contract. I. If the Employer has reason to correct, counsel, or discipline an employee, it shall be done as privately as possible. J. The final decision on Employer agrees to inform the matter will be given to employee, who is the affected employee within a total of seventy (70) calendar days of receipt subject of the complaint at State Headquartersinvestigation, or of the outcome, in writing, within seventy seven (707) calendar days of the initiation completion of the investigation when the investigation was on hold awaiting the results of a criminal any investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.

Disciplinary Process. 29.8.1 A decision A. Any Tenured Faculty disciplinary action shall ordinarily be progressive. Discipline includes oral warning (there will be a written record of an employee’s appropriate supervisor oral warning to forward an allegation any Faculty member), written reprimand designated as such, suspension, and termination. Notwithstanding the foregoing, in cases of misconduct clear and present harm to the Director safety of the College or designee shall College community, or in cases of a clear violation of state or federal law, a Faculty member may be suspended with or without pay or terminated effective immediately without going through the ordinary progressive discipline steps. B. For allegations which may result in discipline, the appropriate supervisor not having further decision making involvement into such College shall perform a fact-finding investigation although which includes the supervisor may make a recommendation as opportunity for the Faculty member to the appropriate discipline to be administeredprovide information from that Faculty member’s perspective. 29.8.2 Upon completion C. Non-Disciplinary, Paid Administrative Leave: During fact-finding investigations concerning a Faculty member, the College Administration may place that member on non-disciplinary, paid administrative leave for a reasonable period of time, to protect the integrity and objectivity of the investigation. ▇. ▇▇▇▇▇ to any disciplinary action being taken, the completed investigatory file a disciplinary meeting shall be sent to an impartial supervisor along with a recommendation as to whether held involving the allegations appear to be founded or unfoundedappropriate administrator and the tenured Faculty member. This supervisor The Faculty member shall be unconnected to the investigationinformed, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designeein writing, of the employee whose conduct is under investigation. If proposed meeting date and the recommendation is that reason for the case is foundeddisciplinary action. E. Within five (5) workdays of the conclusion of a disciplinary meeting, the supervisor will schedule Faculty member shall be informed, in writing, of the disciplinary action, with a disciplinary conference and forward a recommendation copy to the Agency DirectorDCFA President. The Faculty member shall receive and sign a copy of any disciplinary action which shall only acknowledge receipt of the document. 29.8.3 The current personnel file F. For appropriate cause, a Faculty member may be involuntarily transferred to another Program/Academic Discipline in which that Faculty member meets minimum qualifications. When a transfer is deemed necessary, the Faculty member will be notified in writing for the reasons for the involuntary transfer. G. If a written report of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director a credible complaint is to be used as mitigating evidence, and placed in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without payFaculty member’s file, the employee Faculty member shall be given an the opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee review and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have three (3) working days’ notice of such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or if he/she is unavailable, the Lieutenant Colonel. Any discipline ordered or imposed shall be administered to the employee by the Troop or Division Commander or his/her designee. 29.8.5 The Internal Affairs investigation shall be conducted and submitted to the Agency Director. The final decision on the matter will be given to the affected employee within a total of seventy (70) calendar days of sign for receipt of the complaint at State Headquarters, or within seventy (70) calendar days of the initiation of the investigation when the investigation was on hold awaiting the results of a criminal investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extensionmaterial. Such signature shall indicate receipt of a copy of the material but shall not mean agreement with the content of the material. The administrator shall attach to the complaint a written explanation of all administrative action taken and administrative expectations (if any) of the Faculty member. The Faculty member may submit a written notation or reply regarding any complaint, and the same shall be attached to the file copy of the material in question. The College will notify any Faculty members of any release of their personnel file records pursuant to any lawful state or federal law request, such as a Freedom of Information Act (FOIA) request. 29.8.6 No materials H. In an emergency situation requiring removal of a Faculty member from the classroom or reports involving an allegation workstation, the DCFA President (or designee) shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustainedimmediately notified.