Common use of Evidentiary Hearing Clause in Contracts

Evidentiary Hearing. 20.12. The grievant may appeal the decision at Step 2 to the Board of Supervisors for a binding decision within five (5) working days of receiving the decision from Step 2 by filing a written appeal with the Board of Supervisors. The employee shall simultaneously provide a copy of the appeal to his or her Agency/Department Head. Failure to timely file the appeal shall be deemed a waiver of the right to appeal the decision to the Board of Supervisors. 20.13. The hearing on grievances shall be conducted and decided by the Board of Supervisors using the same procedure as hearings on disciplinary actions as set forth in Sections 19.18, 19.21, and 19.22. 20.14. The costs of hearings before the Board of Supervisors, excluding the other party’s costs incurred for presenting its case, shall be paid by the losing party. If the grievance is withdrawn by the grievant prior to the hearing, and costs are incurred as a result, the grievant shall pay all costs, but not be considered the losing party. If a grievance is resolved by mutual compromise of the parties prior to the arbitration hearing, and costs are incurred as a result, the parties shall divide evenly the costs of the hearing, unless the compromise disposes of the costs thereof differently. If the hearing proceeds to a determination by the Board of Supervisors either party, or the parties jointly, may request a finding by the Board of Supervisors as to which is the losing party. If the Board of Supervisors does not determine the losing party, the parties shall divide the costs of the hearing. 20.15. When through a showing of good cause that the Board of Supervisors cannot be an impartial decision maker in any specific matter brought before it pursuant to this Section the parties shall not use the Board of Supervisors to hear and decide the matter but shall instead Submit the matter to an arbitrator selected from a list provided by the State Mediation and Conciliation Service (SMCS). The director of Human Resources shall request a list of seven (7) names from SMCS and the parties will alternatively strike names to select the arbitrator. Costs for the arbitration shall be shared equally by both parties. The decision of the arbitrator shall be final and binding.

Evidentiary Hearing. 20.121. The grievant may appeal employee in the decision at Step 2 bargaining unit shall receive a full evidentiary hearing on the proposed disciplinary action only if a written demand for such a hearing is delivered to the Board Superintendent of Supervisors Schools within ten (10) calendar days of the written notice of proposed disciplinary action. In the absence of a demand for a binding full evidentiary hearing, the Superintendent of Schools shall act upon the charges after the time period for hearing demand has expired. By demanding a hearing, the employee waives all rights under the Grievance Procedure in this Agreement. If the employee does not demand a hearing, the employee may file a grievance at Level II on the discipline pursuant to the Grievance Procedure. 2. The full evidentiary hearing shall be conducted before a hearing officer. The hearing officer shall be mutually selected by the employee and the Superintendent of Schools or his designee. If there is no mutual agreement between the parties after ten (10) calendar days, a hearing officer shall be selected pursuant to the procedure for selection of an arbitrator. Such hearings shall take place within a reasonable period of time but not before five (5) calendar days after the filing of a request for a hearing. ▇▇▇▇▇▇▇▇ will be presided over by the hearing officer. The employee shall have a right to appear in person on his own behalf, with counsel or such representation as he requests to represent his defense. 3. The hearing officer shall conduct the hearing and shall rule on questions, evidence, and procedure. Either party may call witnesses, introduce evidence, testify, and question witnesses. The District has the burden of proof and shall first present evidence and testimony. Normal procedures shall be followed; i.e., charging party presentation, defense cross-examination, defense presentation, charging party cross-examination and rebuttal evidence from each party. Hearings will be recorded at the request of either party with such expense being borne equally by the parties. 4. The recommendation of the hearing officer shall be submitted to the Superintendent of Schools and shall be in writing summarizing the facts, setting forth findings, and making a recommended decision. The decision by the hearing officer shall be final unless the Superintendent of Schools, within five (5) working work days following receipt of receiving the decision from Step 2 by filing decision, determines to review further the proceedings of the hearing with a written appeal with view toward making his own findings and conclusions in the Board of Supervisorsmatter. The employee shall simultaneously provide a copy findings and conclusions of the appeal to his or her Agency/Department Head. Failure to timely file the appeal shall Superintendent of Schools will be deemed a waiver of the right to appeal made within thirty (30) days after the decision to review the Board of Supervisors. 20.13. The hearing on grievances shall be conducted and decided by the Board of Supervisors using the same procedure as hearings on disciplinary actions as set forth in Sections 19.18, 19.21matter, and 19.22. 20.14such findings and conclusions will be final. The costs of hearings before the Board of Supervisors, excluding the other party’s costs incurred for presenting its case, shall be paid by the losing party. If the grievance is withdrawn by the grievant prior to the hearing, and costs are incurred as a result, the grievant shall pay all costs, but not be considered the losing party. If a grievance is resolved by mutual compromise of the parties prior to the arbitration hearing, and costs are incurred as a result, the parties shall divide evenly the costs of the hearing, unless the compromise disposes of the costs thereof differently. If the hearing proceeds to a determination by the Board of Supervisors either party, or the parties jointly, may request a finding by the Board of Supervisors as to which is the losing party. If the Board of Supervisors does not determine the losing party, the parties shall divide the costs of the hearing. 20.15. When through a showing of good cause that the Board of Supervisors cannot be an impartial decision maker in any specific matter brought before it pursuant to this Section the parties shall not use the Board of Supervisors to hear and decide the matter but shall instead Submit the matter to an arbitrator selected from a list provided by the State Mediation and Conciliation Service (SMCS). The director of Human Resources shall request a list of seven (7) names from SMCS and the parties will alternatively strike names to select the arbitrator. Costs for the arbitration shall be shared equally by both parties. The decision of the arbitrator shall be final and binding./ / / /9/83-SSD/STA

Evidentiary Hearing. 20.12If a timely demand for hearing on the charges is submitted, an evidentiary hearing will be commenced in accordance with the procedures below. For the employee to be represented by the Association, he or she must submit a signed written request to the Association that it represent the employee at the hearing. If the Association determines that it will represent the employee, it shall submit the demand for hearing within the prescribed 10-day time limit. If the employee will not be represented by the Association, he or she must individually submit a demand for hearing within the prescribed 10-day time limit. If the employee will not be represented by the Association, all references to the "Association" below shall apply to the employee in his or her individual capacity. The Board’s designee shall, within twenty (20) calendar days after receiving the request for hearing, schedule a time with the Association to select a hearing officer. The Association and the District will make every attempt to agree on an arbitrator. If no agreement can be reached, the District shall request the American Arbitration Association to supply a list of five (5) arbitrators. Each party shall alternately strike a name until only one name remains which shall then be the Arbitrator. The order of the striking shall be determined by lot. If the parties are unable to determine the order from the previous grievance, the grievant may appeal shall strike the first name from the list. After selection the employee shall be given at least ten (10) working days written notice of the time and place of the hearing. The arbitrator, as soon as possible, shall hear evidence and render a decision. The hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. This shall include that each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Oral evidence shall be taken only on oath or affirmation. Within forty-five (45) days of the close of the hearing, the arbitrator shall submit his or her decision in writing. The decision will set forth the arbitrator's findings, reasoning and conclusions on the issue(s) submitted. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement. The decision will be based solely on the Agreement and the evidence and arguments presented at Step 2 the hearing. The arbitrator's decision shall constitute a recommendation subject to final approval by the Board of Supervisors for a binding Trustees at the next regular meeting. The employee will receive written notice at least 24 hours in advance of the time/date the Board of Trustees will consider the decision in closed session, as required under the Brown Act. The Board of Trustees' decision to approve, modify or rescind the arbitrator's decision shall be final and will be communicated to the employee in writing within five (5) working days business days. The fees and expenses of receiving the decision from Step 2 Arbitrator and the hearing shall be borne equally by filing a written appeal with the District and the Association, except if the Board of Supervisorsmodifies or rescinds the Arbitrator's decision, in which case the District will pay all such fees and expenses. The employee shall simultaneously provide a copy of the appeal to his or her Agency/Department Head. Failure to timely file the appeal All other expenses shall be deemed a waiver of the right to appeal the decision to the Board of Supervisors. 20.13. The hearing on grievances shall be conducted and decided borne by the Board of Supervisors using the same procedure as hearings on disciplinary actions as set forth in Sections 19.18, 19.21, and 19.22party incurring them. 20.14. The costs of hearings before the Board of Supervisors, excluding the other party’s costs incurred for presenting its case, shall be paid by the losing party. If the grievance is withdrawn by the grievant prior to the hearing, and costs are incurred as a result, the grievant shall pay all costs, but not be considered the losing party. If a grievance is resolved by mutual compromise of the parties prior to the arbitration hearing, and costs are incurred as a result, the parties shall divide evenly the costs of the hearing, unless the compromise disposes of the costs thereof differently. If the hearing proceeds to a determination by the Board of Supervisors either party, or the parties jointly, may request a finding by the Board of Supervisors as to which is the losing party. If the Board of Supervisors does not determine the losing party, the parties shall divide the costs of the hearing. 20.15. When through a showing of good cause that the Board of Supervisors cannot be an impartial decision maker in any specific matter brought before it pursuant to this Section the parties shall not use the Board of Supervisors to hear and decide the matter but shall instead Submit the matter to an arbitrator selected from a list provided by the State Mediation and Conciliation Service (SMCS). The director of Human Resources shall request a list of seven (7) names from SMCS and the parties will alternatively strike names to select the arbitrator. Costs for the arbitration shall be shared equally by both parties. The decision of the arbitrator shall be final and binding.

Evidentiary Hearing. 20.12If a timely demand for hearing on the charges is submitted, an evidentiary hearing will be commenced in accordance with the procedures below. For the employee to be represented by the Association, he or she must submit a signed written request to the Association that it represent the employee at the hearing. If the Association determines that it will represent the employee, it shall submit the demand for hearing within the prescribed 10-day time limit. If the employee will not be represented by the Association, he or she must individually submit a demand for hearing within the prescribed 10-day time limit. If the employee will not be represented by the Association, all references to the "Association" below shall apply to the employee in his or her individual capacity. The Board’s designee shall, within twenty (20) calendar days after receiving the request for hearing, schedule a time with the Association to select a hearing officer. The Association and the District will make every attempt to agree on an arbitrator. If no agreement can be reached, the District shall request the American Arbitration Association to supply a list of five (5) arbitrators. Each party shall alternately strike a name until only one name remains which shall then be the Arbitrator. The order of the striking shall be determined by lot. If the parties are unable to determine the order from the previous grievance, the grievant may appeal shall strike the first name from the list. After selection the employee shall be given at least ten (10) working days written notice of the time and place of the hearing. The arbitrator, as soon as possible, shall hear evidence and render a decision. The hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. This shall include that each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Oral evidence shall be taken only on oath or affirmation. Within forty-five (45) days of the close of the hearing, the arbitrator shall submit his or her decision in writing. The decision will set forth the arbitrator's findings, reasoning and conclusions on the issue(s) submitted. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement. The decision will be based solely on the Agreement and the evidence and arguments presented at Step 2 the hearing. The arbitrator's decision shall constitute a recommendation subject to final approval by the Board of Supervisors for a binding Trustees at the next regular meeting. The employee will receive written notice at least 24 hours in advance of the time/date the Board of Trustees will consider the decision in closed session, as required under the ▇▇▇▇▇ Act. The Board of Trustees' decision to approve, modify or rescind the arbitrator's decision shall be final and will be communicated to the employee in writing within five (5) working days business days. The fees and expenses of receiving the decision from Step 2 Arbitrator and the hearing shall be borne equally by filing a written appeal with the District and the Association, except if the Board of Supervisorsmodifies or rescinds the Arbitrator's decision, in which case the District will pay all such fees and expenses. The employee shall simultaneously provide a copy of the appeal to his or her Agency/Department Head. Failure to timely file the appeal All other expenses shall be deemed a waiver of the right to appeal the decision to the Board of Supervisors. 20.13. The hearing on grievances shall be conducted and decided borne by the Board of Supervisors using the same procedure as hearings on disciplinary actions as set forth in Sections 19.18, 19.21, and 19.22. 20.14. The costs of hearings before the Board of Supervisors, excluding the other party’s costs incurred for presenting its case, shall be paid by the losing party. If the grievance is withdrawn by the grievant prior to the hearing, and costs are incurred as a result, the grievant shall pay all costs, but not be considered the losing party. If a grievance is resolved by mutual compromise of the parties prior to the arbitration hearing, and costs are incurred as a result, the parties shall divide evenly the costs of the hearing, unless the compromise disposes of the costs thereof differently. If the hearing proceeds to a determination by the Board of Supervisors either party, or the parties jointly, may request a finding by the Board of Supervisors as to which is the losing party. If the Board of Supervisors does not determine the losing party, the parties shall divide the costs of the hearing. 20.15. When through a showing of good cause that the Board of Supervisors cannot be an impartial decision maker in any specific matter brought before it pursuant to this Section the parties shall not use the Board of Supervisors to hear and decide the matter but shall instead Submit the matter to an arbitrator selected from a list provided by the State Mediation and Conciliation Service (SMCS). The director of Human Resources shall request a list of seven (7) names from SMCS and the parties will alternatively strike names to select the arbitrator. Costs for the arbitration shall be shared equally by both parties. The decision of the arbitrator shall be final and binding.party incurring them.‌

Evidentiary Hearing. 20.12. The grievant may appeal the decision at Step 2 to the Board of Supervisors for a binding decision within five (5) working days of receiving the decision from Step 2 by filing a written appeal with the Board of Supervisors. The employee shall simultaneously provide a copy of the appeal to his the Chief Probation Officer, or his/her Agency/Department Headdesignee. Failure to timely file the appeal shall be deemed a waiver of the right to appeal the decision to the Board of Supervisors. 20.13. The hearing on grievances shall be conducted and decided by the Board of Supervisors using the same procedure as hearings on disciplinary actions as set forth in Sections 19.18, 19.21, and 19.22. 20.14. The costs of hearings before the Board of Supervisors, excluding the other party’s costs incurred for presenting its case, shall be paid by the losing party. If the grievance is withdrawn by the grievant prior to the hearing, and costs are incurred as a result, the grievant shall pay all costs, but not be considered the losing party. If a grievance is resolved by mutual compromise of the parties prior to the arbitration hearing, and costs are incurred as a result, the parties shall divide evenly the costs of the hearing, unless the compromise disposes of the costs thereof differently. If the hearing proceeds to a determination by the Board of Supervisors either party, or the parties jointly, may request a finding by the Board of Supervisors as to which is the losing party. If the Board of Supervisors does not determine the losing party, the parties shall divide the costs of the hearing. 20.15. When through a showing of good cause that the Board of Supervisors cannot be an impartial decision maker in any specific matter brought before it pursuant to this Section the parties shall not use the Board of Supervisors to hear and decide the matter but shall instead Submit employ an independent arbitrator as a decision maker using the matter to an arbitrator selected from a list provided by procedure established in the State Mediation and Conciliation Service (SMCS). The director of Human Resources shall request a list of seven (7) names from SMCS and the parties will alternatively strike names to select the arbitrator. Costs MOU for the arbitration shall be shared equally by both parties. The decision General Unit as of the arbitrator shall be final and bindingSeptember 30, 2015.