Agmt 2006 SLPOA - Laserfiche WebLink

Home

employee feels the discharge or suspension is not for cause, the Association shall have the right to appeal the case in accordance with the provision of this section. Probationary employees may be discharged for any reason, which, in the sole opinion of the City, is just and sufficient and such discharge shall not be subject to any appeal. 30.2 Presumption of Delivery: Any written notice shall be conclusively presumed delivered to the employee on the date the written notice is personally served on the employee. In the event that any notice is sent to an employee by certified mail, return receipt requested, the notice shall be conclusively presumed delivered to the employee on the date the receipt was signed. In the event the certified mail is refused, or in the event the employee is absent without leave and no person at the address to which the certified mail is sent signs for such certified mail, then it shall be presumed that the notice was delivered as of the date the postal service returns the certified mail to the return address. 30.3 Departmental Action Prior to Imposition of Discipline: Except in cases of emergency, at least five (5) calendar days prior to the effective date of any disciplinary action against employees with permanent status, the Police Chief or person authorized by him or her shall give the employee written notice of the proposed disciplinary action, reasons for such action, a copy of the charges and material upon which the action is based, and the right to respond either orally or in writing, or both, to the Police Chief or designee proposing the disciplinary action prior to the effective date of such disciplinary action. 30.4 Notice of Disciplinary Action: Whenever a disciplinary action is taken against an employee, the employee shall be notified in writing. Such notification shall include but is not limited to: (1) a statement of the disciplinary action taken against the employee, (2) a summary of the facts upon which the disciplinary action is based, (3) a statement advising the employee that written notice of the disciplinary action is to be placed in his/her official personnel file and that the employee has the right to appeal under the disciplinary appeal procedure set forth in this section. The written notice of disciplinary action may be either personally served or mailed to the employee by certified mail, return receipt requested, addressed to the last address which the employee has furnished the City. 30.5 Appeal Process: The Association or the Director of Human Resources may appeal the Police Chief s determination to the City Manager within fifteen (15) calendar days of the rendering of the decision. Any such appeal shall be in writing, and shall include the specific reasons for the appeal and a statement of the desired remedy. The City Manager, or his/her designee, shall investigate the merits of the appeal and attempt to resolve the disciplinary issue(s). 30.6 Adiustment Board: In the event the parties are unable to resolve the disciplinary case, the Association, except in termination cases, may submit the disciplinary case to an Adjustment Board. The Adjustment Board shall be composed of three (3) employee representatives and three (3) representatives of the City. 22 SLPOA 07 Final