Common use of Pre Disciplinary Procedure Clause in Contracts

Pre Disciplinary Procedure. The following is the procedure which shall be used by the City prior to any disciplinary action more serious than a written reprimand being taken against a Member: A. The Chief shall have the right to relieve a Member without pay for the remainder of the particular shift when the Member is unfit for duty or insubordinate during that tour of duty, provided that if the charges are ultimately determined to be unfounded, the Member will be reimbursed for such shift. B. The Chief shall have the exclusive right to recommend to the Director of Public Safety (“Director”) that a Member be subject to suspension, demotion, or removal. The Chief shall also have the exclusive right to offer that the Member forfeit accrued leave in lieu of suspension. The Chief shall certify the Chief’s recommendation in writing, together with the charges to both the Member and the Director. C. Within seven (7) calendar days after receiving notification of the recommendation and charges, the Member shall notify the Chief as to whether the Member: (1) accepts the Chief’s recommendation, in which case the recommendation shall be implemented immediately; or (2) rejects the Chief’s recommendation and chooses to appeal the recommendation to the Director. D. If the matter is appealed to the Director, the following procedures shall apply to the conduct of a departmental hearing by the Director: (1) Any pertinent evidentiary documents which support the charges and notice of any witnesses to be called or whose testimony will be used to support the charges shall be provided to the Member or the Member’s Lodge Representative or Lodge Attorney at least seven (7) calendar days prior to the hearing on such charges. (2) Within seven (7) calendar days from the Member’s appeal to the Director, the Director shall schedule a departmental hearing. The Member may be placed upon administrative leave with pay by the Chief pending the outcome of the departmental hearing.