Article 47 Discipline and Discharge

ARTICLE 47 DISCIPLINE AND DISCHARGE

Section 1. All disciplinary actions, including discharge, taken against unit members shall be based upon just cause.

Section 2. A grievance challenging disciplinary action can, at the option of the Union, be initiated at the lowest step of the grievance procedure in which the City representative has the authority to act.

Section 3. Suspension, Demotion, or Termination. Prior to the imposition of any suspension, demotion or termination, the affected employee, after notice of the charges against him or her, shall have the opportunity, at his or her option, to meet with the disciplining authority and the Director of Human Resources, or his/her designee. At such a meeting, the affected employee shall have the right to be accompanied by an FOP representative and/or his or her attorney. In the event the affected employee is proceeding without the assistance or representation of the FOP, the FOP may have one representative present as an observer only. At a meeting with the disciplining authority and the Director of Human Resources, the affected employee shall have the right to present any evidence on the charges and/or to otherwise argue why the proposed disciplinary action shall not be taken. The presentation of evidence may be orally or in writing. The meeting may be taped at either party’s option. After the imposition of discipline, the affected employee shall have the right to challenge the discipline per Article 37, the Grievance Procedure and Article 38 Arbitration. The grievance shall be filed at Step 3. The grievance and arbitration procedure shall be the exclusive procedure for challenging suspensions, demotions, or terminations of bargaining unit employees and no other City administrative procedures or policies shall apply to such challenge.