BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Page 1594 the investigation and a pre-discipline conference. Investigatory suspension of an employee shall not be used for the purpose o£ delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee. An investigatory suspension will be without pay (unless reinstated at the end of the investigation), but the employee may use accumulated compensatory time and/or vacation leave to receive compensation during this period. Section 5. Pre-discipline Conference (a) Before a regular employee may be subjected to any disciplinary action (official reprimand, disciplinary suspension without pay, reassignment, demotion or dismissal), other than as noted in (b) below the following shall occur: 1. The supervisor recommending disciplinary action should discuss the recommendation with and receive the approval of the department head, with notice to the Human Resources Director, to schedule a conference. 2. A pre-discipline conference shall be held between management representatives and the employee. No attorneys or other such representatives for either party need be present at this conference; a witness or security personnel may be present if management deems necessary. The Human Resources Director shall attend to monitor the pre-discipline conference process. A management representative (usually the employee's supervisor) shall present the employee and the pre- disciplinary conference decision maker (usually the department head) with written and specific reasons for the proposed disciplinary action and a brief summary of the information that supports it. The employee shall have a right to respond to the written notice of proposed action in the conference. 3. After the end of the conference, the management representative responsible for the final decision on the proposed action should review and reflect on the information provided in the conference, and render a decision no sooner than the next day and no later than five working days. If the management representative determines that a disciplinary action is justified, he/she shall present the employee with a letter notifying the employee of the action. However, the management representative may elect to defer the action, reconsider the entire issue, or initiate a disciplinary action less severe than recommended. If, following deferral or reconsideration, the decision is to take the proposed action, then no further conference is required. 9. The employee must be given written notice of any disciplinary action. The management representative responsible for the final decision shall issue the written notice to include specific reasons for the action and the employee's right of appeal. (b)A pre-discipline conference shall not be held under the following circumstances: 1. When having a conference would be inconsistent with Section 3 of this Article where there is immediate suspension for cause related to personal conduct in order to avoid undue disruption at work, to protect the safety of persons or property, or for other serious reasons. 2. When the employee is physically unable to attend a conference. 3. When the employee waives the conference either through expressed intent or implied actions. 4. When to conduct a conference would otherwise not be practical. (c)When a conference is not held as set forth under (b) above, the management representative responsible for the final decision on the proposed action should review and reflect on all information available, and render a decision no sooner than the day following the decision not to conduct the conference and no later than five working days from the decision not to conduct the conference is made. If the management representative determines that a disciplinary action is justified, he or she shall present the employee with a letter notifying the employee of the action. However, the management representative may elect to refer the action, reconsider the entire issue, or initiate a disciplinary action less severe