ARTICLE 28 Disciplinary Actions Flashcards
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Section 1. Authority of the Chief.
The Chief shall have authority to demote and/or suspend not to exceed ________
days, or indefinitely suspend (as provided for in Chapter 143 of Local Government Code) any
Officer for the causes set forth in the Rules and Regulations of the Commission. The Officer may
appeal such actions, if any, as provided for herein. Nothing contained herein prevents the Chief
and the accused Officer from reaching an agreed settlement on any matter so long as both parties
concur in writing in advance of said settlement.
forty-five (45) calendar
Officers suspended for _____ days or less who
appeal the suspension shall not serve the suspension unless a suspension with loss of pay is
awarded by ______.
three (3)
an arbitrator
Section 2. Contemplated Disciplinary Action.
Prior to any such disciplinary action, the Officer shall be given notice of contemplated
disciplinary action by ______, stating the action or actions contemplated and the reasons
therefore, and notifying the Officer that he may rebut the charges to the Chief, either orally, or in
writing, within ______ days. If the Chief should be unable to secure personal service
of the contemplated disciplinary action after due diligence, service may be made by placing the
notice in certified mail addressed to the Officer’s last known address along with delivery of the
statement to the _______, and proof of such service shall be sufficient to provide notice to the
Officer of his right to rebut the contemplated disciplinary action to the Chief.
personal service
seven (7) calendar
Association
Section 3. Written Statement of Charges.
After the notice and opportunity for rebuttal provided in the preceding paragraph, the Chief may
demote, suspend, or indefinitely suspend an Officer by service in accordance with this Article on
the officer of a written statement of charges addressed to the __________. A copy
of the disciplinary statement shall be promptly filed with the ____________. The written statement shall point out the particular rule or rules alleged to have been violated by the Officer and the specific act or acts alleged to be in violation. In the event of demotion, suspension, or indefinite suspension, the statement informing the officer of disciplinary action
and the reason(s) therefore shall also inform the Officer that an appeal may be had by filing same
in writing with the _________, within _______ days after receipt of said written statement unless the case is automatically appealed due to alternate service via mail
to the officer.
Civil Service Commission
Human Resources Director of the City
Human Resources Director
fifteen (15) calendar
Section 4. Notice of Right to Appeal.
The Chief or the Chief’s authorized designee shall not be required to deliver in person a written
statement of charges to the Officer being suspended. The written statement of suspension shall
be deemed to have been delivered upon the officer when the written statement (1) is hand delivered
to the suspended Officer by the ____, _____, or by a ______; (2) is delivered to an _______ representing the suspended Officer, or (3) mailed as provided below. A written statement is deemed delivered to the Officer’s attorney by handing it to the attorney or by leaving it with _______ in the attorney’s office or a
member of the ______, or by delivering it by any other means that the attorney consented
to in writing. If the City attempts in good faith to deliver the written statement as provided
herein, but such attempts are unsuccessful, the written statement may be mailed by _______
to the last known address of the suspended Officer. Service is complete upon mailing and the
suspension shall be automatically appealed to arbitration as of the date of mailing. The Officer is
still required to file a proper notice of appeal not less than ______ days prior to the
arbitration date.
Chief, the Chief’s authorized designee, or by a
designated messenger
attorney
another attorney
attorney’s staff
certified mail
ten (10) calendar
Section 5. Arbitrator Defined.
For the purposes of this Article, the term arbitrator shall mean the same as a _______ as referred to in Chapter 143 of the Local Government Code. Appeal from demotion, suspension or indefinite suspension shall be decided by ______ arbitrator, selected according to
this agreement.
third-party hearing examiner
one (1)
Section 5. Arbitrator Defined.
Upon receiving an appeal from the Officer, the Human Resources Director shall act promptly to notify the _____,_____, and the ________ of the appeal.
Association, the Chief, and the City Manager
Section 6. Arbitration Selection and Scheduling.
The counsel for the Officer and the counsel for the Chief of Police shall attempt to mutually
agree on an arbitrator. If the parties fail to agree on an arbitrator within ______ calendar
days after the appeal is filed, the ______ shall within _____ days from the expiration of the______ days request a list of _____ qualified
neutrals from the ________ The parties may mutually agree on one of the _______neutrals. If they do not so agree, the parties shall alternatively strike the names on
the list within _______ days after receipt of the list, and the remaining name shall be
the arbitrator. All parties shall act to complete the selection process at the earliest possible date.
The arbitrator shall be promptly notified of his selection. The parties will not have ex parte
communication with the arbitrator. Communication with the arbitrator will be through the
counsel for the Chief of Police and the counsel for the Officer jointly.
fourteen (14)
Human Resources Director
five (5) business
fourteen (14) calendar
seven (7)
American Arbitration Association.
seven (7)
seven (7) calendar
Section 7.
The hearing shall be commenced, but need not be completed, within _______ days of
the arbitrator’s selection.
ninety (90) calendar
Section 7.
Delay in commencement of the hearing within these time periods may
occur due to unavoidable conflicts between the arbitrator and the parties’ schedules, or by mutual
agreement of parties and for no other reason. However, if the arbitrator selected cannot
commence the hearing within ninety (90) calendar days from his selection, and there is no
agreement to extend the hearing to a later date by the parties, the parties shall attempt to agree on
a substitute arbitrator. If the parties cannot agree upon a substitute within ________ days
of so learning, another arbitrator shall be selected from a new list of ______names promptly
requested from the American Arbitration Association, according to the procedure set out
herein. The arbitrator shall make an award within _______ days of the close of
evidence or after receipt of brief’s if any in arbitration hearings, and within _______
days of the close of evidence in expedited arbitration hearings under 143.057 of the Local
Government Code. Post hearing briefs shall only be permitted in standard arbitration hearings,
and must be mailed to the arbitrator within such time as is agreed to by the parties, or as directed
by the arbitrator.
seven (7) calendar
seven (7)
thirty (30) calendar
seven (7) calendar
Section 8.
A stenographic transcription of the proceedings shall be made only upon __________ prior to the commencement of the hearing. Should there be no agreement, the party
desiring the transcript may have the transcript made at its sole expense.
written agreement of the parties
Section 9.
The award of the Arbitrator shall state which particular factual charges he finds to be true, if any,
and the particular rules he finds such conduct to have violated, if any. Where the charges are
upheld, the award shall state whether the discipline imposed is upheld, or whether some lesser
discipline is substituted. This agreement authorizes an arbitrator to reduce an indefinite
suspension to a period greater than ____ days.
45
Section 10.
The following rules shall govern the conduct of arbitration hearings under this Section, and of
certain preliminary matters.
A. Both parties shall provide, at least _____days prior to the date of the hearing, the names and addresses of witnesses expected to be called at the hearing. In the
absence of good or excusable cause, the arbitrator may exclude the testimony of a witness upon
the failure of a party to disclose such a witness.
twelve (12) calendar
The parties, in writing, may request discovery
from each other concerning the case. Should the opposing party not agree to provide the
requested information within _______ days of the request, the request shall be deemed
denied. The requesting party may then apply to the Arbitrator who shall order such discovery as
is appropriate to the nature of the case, consistent with, but not bound by, the rules of discovery
in _______ cases.
seven (7) calendar
Texas civil
The requesting party may then apply to the Arbitrator who shall order such discovery as
is appropriate to the nature of the case, consistent with, but not bound by, the rules of discovery
in Texas civil cases. In considering the application, the Arbitrator shall consider the _______ of producing the information, the need of the requesting party, the amount of time
available prior to the hearing, and such other matters as he may deem material. In no event shall
discovery be requested within ______ days prior to the hearing.
burden and expense
seven (7) calendar
