Common use of Step 5 Clause in Contracts

Step 5. An appeal of the decision of the Police Chief or duly appointed interim Police Chief or appeal of any disciplinary action may be made, in writing, to the HR Director by the aggrieved member, or BPOA within ten (10) working days, excluding absences, after receipt of the Police Chief's or duly appointed interim Police Chief’s decision. The written appeal must specify the reason(s) why the Police Chief's or duly appointed interim Police Chief’s decision is unsatisfactory. Appeals to the HR Director on disciplinary matters may only be made on the basis of whether the investigative process was fair and complete, and on whether the discipline was appropriate, given the findings. If an administrative hearing is held, it is only for the purpose of hearing from the employee and his/her representative and the Police Chief or duly appointed interim Police Chief and his/her representative on the grounds why the Police Chief’s decision is unsatisfactory. The HR Director shall review the matter, including any statements made during the administrative hearing. The HR Director's decision, shall be rendered, in writing, which shall specify the reason(s) for the disposition to the employee within ten (10) working days, excluding absences, following the date the appeal was received or any hearing was held. If the HR Director is unable to review the grievance, a mutually acceptable designee may be named. That designee will normally be a Deputy City Manager or a City Department Head and will have full authority, equivalent to that of the HR Director, for this step of the grievance.