ATCEMS EA Meet & Confer Agreement 2018

Section 5.

Right to Representation

A Uniformed Staff member who is the subject of an investigation or administrative inquiry shall have the right to be represented by either an attorney or an ASSOCIATION representative of the Uniformed Staff member's choice during an interview, provided the attorney or representative complies with the Office of Professional Conduct interview protocol. A Uniformed Staff member shall have the right to be represented by either an attorney or an ASSOCIATION representative of the Uniformed Staff member's choice during an administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action for alleged misconduct. When an administrative hearing is conducted for the purpose of determining whether the Department shall take administrative action against a Uniformed Staff member for alleged misconduct, the following procedures shall apply: a) The administrative hearing is not an evidentiary hearing, and the Uniformed Staff member does not have the right to present or cross-examine witnesses. It shall be optional for the Uniformed Staff member who is the subject of the investigation to attend and answer any questions at the hearing. For purposes of this Agreement and Chapter 143, it is expressly understood that no portion of the administrative hearing constitutes an "Investigation," and involvement in the hearing does not constitute being an "Investigator" as those terms are defined in this Article. If the Uniformed Staffmember chooses not to attend or has determined that he/she will not answer any questions at the hearing, the Uniformed Staff member must give 24 hours-notice to the Department by filing the necessary waiver form. Section 6. Administrative Hearing to Determine Discipline

b) If the Uniformed Staff member attends, the Uniformed Staff member may audio tape the portions of the hearing in which the Uniformed Staff member is present.

Section 7.

Violation of Uniformed Staff member's Rights

If the Department or any investigator violates any of the provisions of this Article or of Section 143.312 of the Texas Local Government Code while conducting an investigation, the violation may be considered by the Civil Service Commission or a Hearing Examiner in any disciplinary appeal hearing if the violation substantially impaired the Uniformed Staff member's ability to defend against the allegations ofmisconduct.

Non-disciplinary Corrective Action

Section 8.

a) Verbal counseling, written counseling, and written reprimands are not discipline, and are not subject to grievances or appeals as to the substance of the decisions made. A contract grievance may be pursued for violations of the process set forth in this Section. Written reprimands shall be initiated on a form which provides space for the Uniformed Staffmember to respond and include his or her version of the event in dispute, which shall be completed and filed within 72 hours following delivery of the proposed written reprimand. That form shall be submitted by the initiating supervisor through the chain of command for review and action. There shall be no other requirement for advance notice of any proposed action. The form shall recite any instances of prior counseling or action, or if there are none, shall state the specific reasons justifying the present action without prior progressive corrective action. Written 51