Common use of Hearing Procedures Clause in Contracts

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself their self unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an a. If the employee within the bargaining unit has been sustained by the Chiefsubmits a timely Request for Hearing, the City shall notify Governing Board may conduct such a hearing itself or may appoint a designee to conduct the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanctionhearing. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process The hearing before the Chief. Such notice shall be given in a reasonable period of time prior to held at the due process hearingearliest convenient date, taking into consideration the severity established schedule of the chargesGoverning Board or hearing officer and the availability of counsel and witnesses. The parties shall be notified of the time and place of the hearing. The employee shall be entitled to appear personally, produce evidence, and have counsel. The employee shall not be entitled to a public hearing. The procedure entitled “Administrative Adjudication” commencing with Government Code 11500 shall not apply to any such hearing before the Governing Board or a hearing officer. Neither the Governing Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Governing Board. b. At any time before an employee’s appeal is finally submitted to the Governing Board or to a hearing officer for decision, the status District may serve on the employee and file an amended or supplemental Notice of Disciplinary Action. Any new causes or allegations shall be deemed controverted and any objections to the employeeamended or supplemental causes or allegation may be made orally at the hearing and shall be noted on the record. c. If the hearing is conducted by the Governing Board, it may use the complexity services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. The Governing Board may meet in closed session with its counsel or a hearing officer to deliberate. The Governing Board shall affirm, modify or revoke the Notice of DisciplinaryAction. d. If the hearing is conducted by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Governing Board as the decision in the case, and the level . A copy of the proposed disciplinedecision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. The employeeGoverning Board may: (a) Adopt the proposed decision in itsentirety. (b) Modify any part of the proposeddecision. (c) Reject the proposed decision in itsentirety. e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police Governing Board or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writingofficer may consider the records of any evaluation, discipline or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearingprior personnel action against theemployee. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the ChiefChief within ten (10) days of receipt of the disciplinary action document. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date, which shall be held thirty (30) days after the investigation file is provided to the Guild (unless mutually agreed to hold it earlier). The parties may agree to an extension based on extenuating circumstances. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five (5) business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police, the Office of Police Accountability (OPA) Director (or designee for discipline involving suspensions of less than eight (8) days), the Department HR Director (or designee), an Assistant assistant or Deputy Chief, OPA Directordeputy chief, the Police Department’s Human Resources Director Inspector General (or designee and Legal Advisor may be present from that Office), an attorney from the City Attorney’s Office (CAO)/SPD assigned to the matter, and, at the hearingrequest of the named employee, any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- in-person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless ▇. ▇▇▇▇▇▇ further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make a good faith effort to make the final decision within ten (10) days as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts may cause the Chief to act contrary to the OPA Director’s recommendation, the case will be sent back to the OPA for further investigation. The 180-day period for investigation will be extended by an additional sixty (60) days, less any time remaining on the 180 day clock (i.e. – if at one hundred twenty (120) days on the clock, then no extension; if at one hundred fifty (150) days, then an additional thirty (30) days; if at one hundred eighty (180) days, then an additional sixty (60) days). The 180-day period runs from the 180 Start Date (see 3.6B) until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his/her reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions will be provided to the Mayor and City Council. In stating his/her reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his/her decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing the explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the ChiefChief within ten (10) days of receipt of the disciplinary action document. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date, which shall be held thirty (30) days after the investigation file is provided to the Guild (unless mutually agreed to hold it earlier). The parties may agree to an extension based on extenuating circumstances. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five (5) business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police, the Office of Police Accountability (OPA) Director (or designee for discipline involving suspensions of less than eight (8) days), the Department HR Director (or designee), an Assistant assistant or Deputy Chief, OPA Directordeputy chief, the Police Department’s Human Resources Director Inspector General (or designee and Legal Advisor may be present from that Office), an attorney from the City Attorney’s Office (CAO)/SPD assigned to the matter, and, at the hearingrequest of the named employee, any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- in-person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make a good faith effort to make the final decision within ten (10) days as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts may cause the Chief to act contrary to the OPA Director’s recommendation, the case will be sent back to the OPA for further investigation. The 180-day period for investigation will be extended by an additional sixty (60) days, less any time remaining on the 180 day clock (i.e. – if at one hundred twenty (120) days on the clock, then no extension; if at one hundred fifty (150) days, then an additional thirty (30) days; if at one hundred eighty (180) days, then an additional sixty (60) days). The 180-day period runs from the 180 Start Date (see 3.6B) until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his/her reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions will be provided to the Mayor and City Council. In stating his/her reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his/her decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing the explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police CARE Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police CARE or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police CARE or designee, an Assistant or Deputy Chief, OPA Director, the Police CARE Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself their self unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police or designeePolice, an Assistant or Deputy Chief, the OPA Director, the Police Department’s Human Resources Department HR Director (or designee designee), an assistant or deputy chief, and Legal Advisor may be present at the hearingrequest of the named employee any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless ▇. ▇▇▇▇▇▇ further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts cause the Chief to act contrary to the OPA Director’s recommendation, the case must be sent back to the OPA for further investigation. The “further investigation” described above must be completed within the original 180-day time period. The 180-day period runs from the time a sworn supervisor or OPA received notice of the complaint until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing, and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions should be provided to the Mayor and City Council upon request. In stating his reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing his explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the ChiefChief within ten (10) days of receipt of the disciplinary action document. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date., which shall be held thirty (30) days after the investigation file is provided to the Guild (unless mutually agreed to hold it earlier). The parties may agree to an extension based on extenuating circumstances. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five (5) business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one Seattle Police Officers’ Guild 10 primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police, the Office of Police Accountability (OPA) Director (or designee for discipline involving suspensions of less than eight (8) days), the Department HR Director (or designee), an Assistant assistant or Deputy Chief, OPA Directordeputy chief, the Police Department’s Human Resources Director Inspector General (or designee and Legal Advisor may be present from that Office), an attorney from the City Attorney’s Office (CAO)/SPD assigned to the matter, and, at the hearingrequest of the named employee, any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- in-person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make a good faith effort to make the final decision within ten (10) days as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts may cause the Chief to act contrary to the OPA Director’s recommendation, the case will must be sent back to the OPA for further investigation. The 180-day period for investigation will be extended by an additional sixty (60) days, less any time remaining on the 180 day clock (i.e. – if at one hundred twenty (120) days on the clock, then no extension; if at one hundred fifty (150) days, then an additional thirty (30) days; if at one hundred eighty (180) days, then an additional sixty (60) days). The “further investigation” described above must be completed within the original 180-day time period. The 180-day period runs from the 180 Start Date (see 3.6B)time a sworn supervisor or OPA received notice of the complaint until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his/her reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions should will be provided to the Mayor and City Council upon request. In stating his/her reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his/her decision. The explanation shall make no reference to the officer’s name or Seattle Police Officers’ Guild 11 any personally identifying information in providing thehis explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. ▇. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless ▇. ▇▇▇▇▇▇ further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged against an employee within the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right to a due process hearing before the Chief. Such notice shall be given in a reasonable period of time prior to the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing date. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for five business days or designeemore, the due process hearing may be held before the Acting Chief. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at the due process hearings may include: The hearing will be limited to the Chief of Police or designeePolice, an Assistant or Deputy Chief, the OPA Director, the Police Department’s Human Resources Department HR Director (or designee designee), an assistant or deputy chief, and Legal Advisor may be present at the hearingrequest of the named employee any employee of the Department. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing. If new material facts are revealed by the named employee during the due process hearing and such new material facts cause the Chief to act contrary to the OPA Director’s recommendation, the case must be sent back to the OPA for further investigation. The “further investigation” described above must be completed within the original 180-day time period. The 180-day period runs from the time a sworn supervisor or OPA received notice of the complaint until the proposed Disciplinary Action Report is issued. If further investigation is warranted the 180-day period begins to run again the day after the due process hearing, and will not include the time between issuance of the proposed Disciplinary Action Report and the due process hearing. The named employee has no obligation to attend his/her due process hearing or to present any information during the due process hearing if he/she chooses to attend. G. When the Police Chief changes a recommended finding from the OPA, the Chief will be required to state his reasons in writing and provide these to the OPA Director. A summary of the Chief’s decisions should be provided to the Mayor and City Council upon request. In stating his reasons in writing for changing an OPA recommendation from a sustained finding, the Chief shall use a format that discloses the material reasons for his decision. The explanation shall make no reference to the officer’s name or any personally identifying information in providing his explanation. In the event the change of recommendation is the result of personal, family, or medical information the Chief’s explanation shall reference “personal information” as the basis of his decision.

Hearing Procedures. A. When any report of violation of Seattle Police Department rules and regulations lodged (A) Charges against an employee within the bargaining unit has been sustained Superintendent may only be brought by the ChiefBoard, and all such charges shall be in writing. The Superintendent shall be entitled to a fair hearing on said charges, upon at least fifteen (15) days notice, before an independent hearing officer. The hearing officer shall be selected by mutual agreement between the Superintendent and the Board or in the event no such agreement is reached within fifteen (15) days after the Superintendent’s receipt of the written charges, by appointment in accordance with the following procedures: (1) each party will submit to the District Clerk a list of names and addresses of five persons who are acceptable and willing to serve as such hearing officer. (2) within two days from receipt, the City District Clerk shall notify compare the employee lists to see if the name of any individual appears on both lists. If so, the first such name to appear on the list submitted by the Superintendent shall serve as the hearing officer. (3) in the event no individual is named on both lists, the District Clerk shall immediately advise both parties. Within two (2) days from the date of such notification, the parties will submit to the District Clerk a further list of the names and addresses of five (5) different individuals who are acceptable and willing to serve as such hearing officer. (4) within two (2) days from receipt, the District Clerk shall compare the prior and current lists of both parties to see if the names of any individuals appears on the lists of both parties. If so, the first such name to appear on the list submitted by the Superintendent shall serve as hearing officer. In the event that the expanded lists do not contain the name of any mutually identified individual, the District Clerk shall select three (3) qualified attorneys at law who maintain offices within a fifty (50) mile radius of the District and who are willing to serve as a hearing officer. The District Clerk shall submit the names to the representatives of the Board and the Guild in writing Superintendent and the parties shall, by the alternating strike-off procedure, select the hearing officer. (B) The Superintendent may be suspended with pay from the performance of his duties during the pendency of such hearing. He shall be entitled to due process protection at such hearing, including but not limited to, representation by counsel at his own expense, to present, cross examine, and subpoena witnesses, to subpoena documents, paper, letters or other tangible evidence, to have all testimony given under other, to receive without cost an accurate written transcript of the disposition proceeding, and to receive written findings of fact and recommendations from the hearing officer. Unless the parties mutually agree, the hearing shall be private. (C) Upon completion of the complaint hearing and based upon the actual or proposed disciplinary sanction. If evidence contained in the proposed discipline includes suspension, transfer, demotion or dischargerecord of the proceeding, the City Hearing Officer shall also notify forward written findings and recommendations to the employee Board and Superintendent. The Board shall review such written findings and recommendations of the employee’s right to a due process Hearing Officer together with the record of the hearing before and make its determination in writing. The decision of the Chief. Such notice Board shall be given in final and binding and subject to review by a reasonable period court of time prior to competent jurisdiction only upon the due process hearing, taking into consideration the severity of the charges, the status of the employee, the complexity of the case, and the level of the proposed discipline. The employee, the City, and the Guild shall cooperate in the setting of a hearing dateground that said decision is arbitrary or capricious. B. When the City provides the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee shall have the right to be represented at the due process hearing by an attorney and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor may be present at the hearing. E. Due process hearings may be held in writing if an employee requests that the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearing. Employees shall have the right to waive a due process hearing. F. Unless further investigation is deemed necessary, the Chief or designee as identified in Subsection C shall make the final decision as to whether charges should be sustained, and if so, what discipline, if any, should be imposed, after considering the information presented in any due process hearing.

Hearing Procedures. A. When The SUPERINTENDENT shall not be discharged, suspended, nor in any report way disciplined, nor shall be terminated, without just cause and only for alleged acts of violation material breach of Seattle Police Department rules this Agreement, immoral character, incompetency, neglect of duty, misconduct, or disability from performance of his duties according to the evidentiary standard hereinafter set forth and regulations lodged against only following a fair hearing before an employee within impartial hearing officer. In the bargaining unit has been sustained by the Chief, the City shall notify the employee and the Guild in writing event a member or members of the disposition of the complaint and the actual or proposed disciplinary sanction. If the proposed discipline includes suspension, transfer, demotion or discharge, the City shall also notify the employee of the employee’s right Board seek to a due process hearing before the Chief. Such notice terminate this contract they shall be given in required to prepare, as hereinafter more particularly described, a reasonable period detailed statement of time prior charges. Prior to institution of the due process hearingprocedure hereinafter described, taking into consideration the severity said charges shall be reviewed by the entire Board in a probable cause hearing to be held within five (5) days of the date of the filing of said charges with the District Clerk. The BOARD shall be required to review said charges in Executive Session and to determine the sufficiency of evidence respecting said charges. The BOARD shall vote by roll call on all charges and specifications as to whether probable cause exists. In the event the charges are found to contain sufficient probable cause, then, and only then, the status following procedures shall be instituted: 1. the SUPERINTENDENT shall be served personally with a particularized written statement of the employeesaid charges against him, the complexity of the case, and the level of the proposed disciplineas soon as may be practicable. 2. The employee, the City, and the Guild an impartial hearing officer shall cooperate be selected in the setting manner prescribed for the selection of a hearing dateofficer pursuant to the procedures established by National Arbitration and Mediation, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇. Utilization of said procedure of the selection of a hearing officer shall not be deemed to constitute an agreement between the parties that the hearing procedures herein contained constitute an “arbitration” proceeding or for any purpose other than such selection. It is the intent of the parties to provide an effective due process proceeding and to permit either party to appeal from any and all aspects of said proceeding and from the decision of the hearing officer pursuant to Section 310 of the Education Law or Article 78 of the Civil Practice Law and Rules. B. When 3. the City provides SUPERINTENDENT and the employee with the notice described in the previous paragraph, the Guild shall additionally be provided with the City’s disciplinary investigation, including access to any physical evidence for examination and testing. Nothing herein shall constitute a waiver of the Guild’s right to request the recommendations of other than the Chief on the issue of whether the complaint against the employee should have been sustained and, if so, what the proposed level of discipline should be. C. All due process hearings shall be held by the Chief of Police or designee. D. The employee BOARD shall have the right to be represented at seek discovery with respect to the due process hearing by an attorney charges and a Guild representative. There shall be only one primary spokesperson for the employee at the hearing. Department attendees at due process hearings may include: The Chief of Police or designee, an Assistant or Deputy Chief, OPA Director, the Police Department’s Human Resources Director or designee and Legal Advisor defenses which may be present at asserted, by appropriate discovery procedures as authorized by the hearing. E. Due process hearings may be held in writing if an employee requests that Civil Practice Law and Rules of the State of New York, or upon the order of the hearing be held in writing, or if the employee is unavailable for an in- person hearing because the employee is incarcerated or intentionally makes himself/herself unavailable for the hearingofficer. Employees The Superintendent shall have the right to waive select a due process public or private hearing; the right to a minimum of thirty (30) days between the service of said charges following probable cause determination and the commencement of any hearing hereunder; the right to be represented by counsel at all stages of said proceeding; the right to have all testimony taken under oath and the right to present witnesses on his own behalf; the right to question real and tangible evidence in the form of documents, papers and of such evidence; the right to receive without cost an accurate daily transcription of each day of proceedings as recorded by a certified court stenographer; the right to have access to all District-employed witnesses, documents, papers and of real and tangible evidence in the possession of the District. F. Unless further investigation is deemed necessary4. the BOARD shall have the burden of proof and the burden of proceeding with regard to the above described charges and hearing, and shall be required to prove said charges by a preponderance of the Chief evidence. (Any charge premised upon a complaint against the SUPERINTENDENT made by the BOARD or designee as identified another party which has not been previously forwarded in Subsection C writing to the SUPERINTENDENT in accordance with the provisions of this agreement shall make not be admissible at any hearing regarding said charges against the SUPERINTENDENT.) 5. the Superintendent shall be paid his regular salary and granted all fringe benefits during the pendency of the proceeding herein described and until the final decision of the Board after its review of said hearing officer recommendation. Except in the case of an act of moral turpitude, he shall not be suspended from the performance of his duties. 6. the decision of the hearing officer shall contain express findings of fact based solely on the record before the said hearing officer and shall contain conclusions of law as well as the hearing officer’s determination as to whether guilt or innocence on each of the charges should and/or specifications thereto. The determination of the hearing officer shall be sustainedbinding upon the parties, and if so, what discipline, if any, should be imposed, after considering the information presented subject to their right of appeal as set forth in any due process hearingsubsection (b) above.