2001 RES R-83-01 - Laserfiche WebLink

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EXHIBIT A XXVI. DISCIPLINARY ACTION APPEAL PROCESS: The City agrees to include a disciplinary action appeal process to allow employees who are dissatisfied with management action to have the following forms of recourse: 1. WRITTEN REPRIMANDS: An employee who receives a written reprimand may appeal such action to the City Manager. The written reprimand will include a notice of appeal rights. Such appeal shall be made in the form of a memorandum or letter to the City Manager from the authorized association representative within three business days of receiving the reprimand. The City Manager shall have five business days to meet with the appellant and five business days to issue a written determination following such meeting. The determination of the City Manager shall be final and binding, and shall not be subject to further appeal including, but not limited to, appeal to the Civil Service Board under any grievance procedure or any other dispute resolution process in the City of Colton. 2. DISCIPLINE APPEAL PROCEDURE (DISCIPLINARY SUSPENSIONS, DEMOTIONS AND DISMISSALS): The City shall comply with Administrative Policy No. 4.05.250, thus insuring that employees are afforded "due process". A permanent employee who is suspended, demoted or dismissed shall have the right to appeal to an arbitrator. Such appeal to be made in the form of a memorandum or letter to the City Manager from an authorized union representative within ten business days of receiving the "Order of Disciplinary Action". The disciplinary appeals process is as follows: A. Selection of Arbitrator — If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall request to submit a list of seven persons qualified to act as arbitrators. Within five days following receipt of the list of arbitrators, the parties shall select an arbitrator. Unless the parties agree to another method of selecting the arbitrator, the parties shall alternately strike one name from the list until one name remains. The right to strike the first name is determined by lot. B. Private Hearing — Discipline appeal arbitration hearing shall be private unless appellant wishes the hearing to be open. C. Costs and Expenses — Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees. D. The arbitrator shall render a decision in writing within 30 days of the close of the hearing or of his/her receipt of closing briefs, whichever is later. The decision of the arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Code of Civil Procedure Section 1283.2.