ATCEMS EA Meet & Confer Agreement 2018

Uniformed Staff member would have been entitled to have the Uniformed Staff member retired or resigned in good standing.

If the indefinite suspension is overturned as a result of the appeal, the Civil Service Commission or a Hearing Examiner may restore such leave, but a total award of leave and back pay, if any, shall be offset by the amount paid to the Uniformed Staff member under Subsection a) above.

Section 6.

Alternative Discipline by the Chief

In considering appropriate disciplinary action the Chief may require that a Uniformed Staffmember be evaluated by a qualified professional designated by the Chief. If that professional recommends a program of counseling and/or rehabilitation for the Uniformed Staff member, the Chief may, as an alternative to temporary or indefinite suspension, or in combination with a temporary suspension, require that the Uniformed Staff member successfully complete the recommended program. The program of counseling and/or rehabilitation will be completed on the Uniformed Staff member's off-duty time, unless the Chief approves the use of accrued vacation leave or sick leave. The Uniformed Staffmember shall be responsible for paying all costs of the program of counseling and/or rehabilitation which are not covered by the Uniformed Staff member's health insurance plan. If the Uniformed Staff member's misconduct involves alcohol-related behavior, the Chief may require that the Uniformed Staffmember submit to mandatory alcohol ·testing, when ordered by the Chief, for a specified period of time. If, after entering the program of counseling and/or rehabilitation, the Uniformed Staffmember fails or refuses to complete the program, the Uniformed Staff member may be indefinitely suspended. The Uniformed Staff member has the right to appeal to the Civil Service Commission or to a third-party Hearing Examiner any discipline imposed under this section by filing an appeal notice in accordance with the provisions of Chapter 143. On appeal, the Civil Service Commission or Hearing Examiner shall have the same duties and powers set forth in Chapter 143 but shall not have the power to substitute a program of counseling and/or rehabilitation different from the program imposed by the Chief or to substitute any period of suspension for the required program of counseling and/or rehabilitation. In considering appropriate disciplinary action, the Chief may require that a Uniformed Staffmember be evaluated by a qualified professional designated by the Chief. If that professional recommends a program of counseling and/or rehabilitation for the Uniformed Staffmember, the Chief may offer the Uniformed Staff member the opportunity to enter into an alternative disciplinary agreement under which the Uniformed Staffmember would accept a temporary suspension of up to ninety (90) days and agree to successfully complete the program of counseling and/or rehabilitation recommended by the qualified professional designated by the Chief. The program of counseling and/or rehabilitation will be completed on the Uniformed Staffmember's off duty time, unless the Chief approves the use of accrued vacation leave or sick leave. The Uniformed Staffmember shall be responsible for paying all costs of the program of counseling and/or rehabilitation, which are not covered by the Uniformed Staffmember's health insurance plan. If the Uniformed Staffmember's misconduct involved alcohol related behavior, the Chief may require that the Uniformed Staff member submit to mandatory alcohol testing, when ordered by the Chief, for a 54 Section 7. Alternative Discipline by Agreement