Agmt 2002 San Leandro City Employees' Association SLCEA

Home

25.2 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 the date the postal service returns the certified mail to the return address. Notice of mailing shall be sent to the Union. 25.3 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 department head or person authorized by him/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, the right to respond either orally or in writing, or both, to the department head or designee proposing the disciplinary action prior to the effective date of such disciplinary action. The City agrees to provide the Union with a copy of any letter or memorandum proposing or notifying disciplinary action that is sent to Human Resources and/or the employee. An employee or the employee's representative, on presentation of written authorization from the employee, may have access to the employee's personnel file. The City shall furnish the employee copies of all performance evaluation reports and letters of reprimand/ warning prior to placement of such documents into the employee's personnel file. The employee is afforded the opportunity to respond in writing to the contents of letters of reprimand/warning. Such responses shall be filed with the Human Resources Director within ten (10) working days from the date of such reprimand/warning or performance evaluation. 28