Common use of Formal Representation Clause in Contracts

Formal Representation. A. POA may select three representatives to attend scheduled meetings with the Management on subjects within the scope of representation during regular work hours without loss of compensation, except for annual meet and confer sessions concerning economic matters, when nine POA representatives may be released from the on-duty work schedules. 1. In addition, POA may also select a representative to attend City Council, Council Committees, Retirement Board, and Civil Service Commission hearings during regular work hours, without loss of compensation, when subjects within the scope of representation are being discussed. 2. Normally, requests for such release will be made of the Chief of Police or their designee at least two working days in advance of the meetings, provided further that: a. Names of all designated representatives will be given to the Chief of Police or their designee at the time the request is made. b. No representative will leave their duty station or assignment without specific approval of the Chief of Police or their designee. c. All meetings are subject to scheduling by City in a manner consistent with the operating needs and work schedules. B. POA maintains an Employee Representative Program. The purpose of the program is to provide sworn employees with appropriate representation and assistance during disciplinary actions and in matters which may lead to discipline. The members of the program are personnel from throughout the Department who have volunteered to serve and have been trained in the duties of employee representatives. Employee representatives may appear with employees during: 1. Any investigatory, fact-finding, or appeal meeting which may result in suspension (except emergency suspension), discharge, demotion, or disciplinary transfer; or 2. The required discussion or the appeal of any document, including an Annual Performance Evaluation that does not meet standards or is a Supplemental Performance Report, written warning, or reprimand which may be made part of the employee’s permanent record, and/or which may be used as a basis for subsequent discipline. C. Employee representatives may also assist employees in preparing written reports, including Department reports, where information contained in them may be used as a basis for punitive or disciplinary action against an employee. The Department and POA have agreed that the employee representatives will notify their supervisors each time they are assigned a matter for representation. Representatives are allowed two hours of on-duty time to prepare for participation in interviews, interrogations, and appeal hearings for each case to which they are assigned. This preparation time is in addition to any on-duty time actually spent in the interview, interrogation or appeal meeting. All supervisors should note that the two-hour authorized preparation time is provided to the employee representatives only, not to the employees being represented. D. The Department fully supports the Employee Representative Program. Therefore, supervisors are encouraged to cooperate as much as possible with the representatives in scheduling employee interviews, counseling sessions, and hearings of any appeals of disciplinary actions. In addition, supervisors should provide representatives with all the information the representatives request to which they are entitled by law and by Department policy and procedure which the representatives need to perform their duties. All information obtained by the representatives during the course of their duties as representative will be maintained in the strictest confidence. Because they are acting as agents of POA’s attorneys while representing employees, the information gained by the representatives is protected by the attorney/client privilege and its disclosure is prohibited. E. POA may designate up to 40 Employee Representatives and will provide the Assistant Chief in charge of personnel service with a current list of representatives. F. Effective July 1, 2012, four hours of release time, per quarter, is authorized for POA’s trustee representative for the purpose of attending San Diego Employees Retiree Medical Trust board meetings. No overtime is authorized. Additional release time may be granted subject to the approval of the Human Resources Director.

Formal Representation. ‌ A. POA may select three (3) representatives to attend scheduled meetings with the Management on subjects within the scope of representation during regular work hours without loss of compensation, except for annual meet and confer sessions concerning economic matters, when nine (9) POA representatives may be released from the on-duty work schedules. 1. In addition, POA may also select a representative to attend City Council, Council Committees, Retirement Board, and Civil Service Commission hearings during regular work hours, without loss of compensation, when subjects within the scope of representation are being discussed. 2. Normally, requests for such release will be made of the Chief of Police or their his or her designee at least two (2) working days in advance of the meetings, provided further that: a. Names of all designated representatives will be given to the Chief of Police or their his or her designee at the time the request is made. b. No representative will leave their his or her duty station or assignment without specific approval of the Chief of Police or their his or her designee. c. All meetings are subject to scheduling by City in a manner consistent with the operating needs and work schedules. B. POA maintains an Employee Representative Program. The purpose of the program is to provide sworn employees with appropriate representation and assistance during disciplinary actions and in matters which may lead to discipline. The members of the program are personnel from throughout the Department who have volunteered to serve serve, and have been trained in the duties of employee representatives. Employee representatives may appear with employees during: 1. Any investigatory, fact-finding, or appeal meeting which may result in suspension (except emergency suspension), discharge, demotion, or disciplinary transfer; or 2. The required discussion or the appeal of any document, including an Annual Performance Evaluation that does not meet standards or is a Supplemental Performance Report, written warning, or reprimand which may be made part of the employee’s permanent record, and/or which may be used as a basis for subsequent discipline. C. Employee representatives may also assist employees in preparing written reports, including Department reports, where information contained in them may be used as a basis for punitive or disciplinary action against an employee. The Department and POA have agreed that the employee representatives will notify their supervisors each time they are assigned a matter for representation. Representatives are allowed two hours of on-duty time to prepare for participation in interviews, interrogations, and appeal hearings for each case to which they are assigned. This preparation time is in addition to any on-duty time actually spent in the interview, interrogation or appeal meeting. All supervisors should note that the two-hour authorized preparation time is provided to the employee representatives only, not to the employees being represented.them D. The Department fully supports the Employee Representative Program. Therefore, supervisors are encouraged to cooperate as much as possible with the representatives in scheduling employee interviews, counseling sessions, and hearings of any appeals of disciplinary actions. In addition, supervisors should provide representatives with all the information the representatives request to which they are entitled by law and by Department policy and procedure which the representatives need to perform their duties. All information obtained by the representatives during the course of their duties as representative will be maintained in the strictest confidence. Because they are acting as agents of POA’s attorneys while representing employees, the information gained by the representatives is protected by the attorney/client privilege and its disclosure is prohibited. E. POA may designate up to 40 forty (40) Employee Representatives and will provide the Assistant Chief in charge of personnel service with a current list of representatives. F. Effective July 1, 2012, four (4) hours of release time, per quarter, is authorized for POA’s trustee representative for the purpose of attending San Diego Employees Retiree Medical Trust board meetings. No overtime is authorized. Additional release time may be granted subject to the approval of the Human Resources Director.

Formal Representation. A. POA may select three representatives to attend scheduled meetings with the Management on subjects within the scope of representation during regular work hours without loss of compensation, except for annual meet and confer sessions concerning economic matters, when nine POA representatives may be released from the on-duty work schedules. 1. In addition, POA may also select a representative to attend City Council, Council Committees, Retirement Board, and Civil Service Commission hearings during regular work hours, without loss of compensation, when subjects within the scope of representation are being discussed. 2. Normally, requests for such release will be made of the Chief of Police or their designee at least two working days in advance of the meetings, provided further that: a. Names of all designated representatives will be given to the Chief of Police or their designee at the time the request is made. b. No representative will leave their duty station or assignment without specific approval of the Chief of Police or their designee. c. All meetings are subject to scheduling by City in a manner consistent with the operating needs and work schedules. B. POA maintains an Employee Representative Program. The purpose of the program is to provide sworn employees with appropriate representation and assistance during disciplinary actions and in matters which may lead to discipline. The members of the program are personnel from throughout the Department who have volunteered to serve and have been trained in the duties of employee representatives. Employee representatives may appear with employees during: 1. Any investigatory, fact-finding, or appeal meeting which may result in suspension (except emergency suspension), discharge, demotion, or disciplinary transfer; or 2. The required discussion or the appeal of any document, including an Annual Performance Evaluation that does not meet standards or is a Supplemental Performance Report, written warning, or reprimand which may be made part of the employee’s permanent record, and/or which may be used as a basis for subsequent discipline.the C. Employee representatives may also assist employees in preparing written reports, including Department reports, where information contained in them may be used as a basis for punitive or disciplinary action against an employee. The Department and POA have agreed that the employee representatives will notify their supervisors each time they are assigned a matter for representation. Representatives are allowed two hours of on-duty time to prepare for participation in interviews, interrogations, and appeal hearings for each case to which they are assigned. This preparation time is in addition to any on-duty time actually spent in the interview, interrogation or appeal meeting. All supervisors should note that the two-hour authorized preparation time is provided to the employee representatives only, not to the employees being represented. D. The Department fully supports the Employee Representative Program. Therefore, supervisors are encouraged to cooperate as much as possible with the representatives in scheduling employee interviews, counseling sessions, and hearings of any appeals of disciplinary actions. In addition, supervisors should provide representatives with all the information the representatives request to which they are entitled by law and by Department policy and procedure which the representatives need to perform their duties. All information obtained by the representatives during the course of their duties as representative will be maintained in the strictest confidence. Because they are acting as agents of POA’s attorneys while representing employees, the information gained by the representatives is protected by the attorney/client privilege and its disclosure is prohibited. E. POA may designate up to 40 Employee Representatives and will provide the Assistant Chief in charge of personnel service with a current list of representatives. F. Effective July 1, 2012, four hours of release time, per quarter, is authorized for POA’s trustee representative for the purpose of attending San Diego Employees Retiree Medical Trust board meetings. No overtime is authorized. Additional release time may be granted subject to the approval of the Human Resources Director.