ATCEMS EA Meet & Confer Agreement 2018

(1) Before the employee is notified of selection for random drug testing under Section 2 above;

(2) Before the employee is involved in an on the job injury or any motor vehicle accident that would require drug testing under Section 2 above; or

(3) Before the occurrence of any event which forms the basis of the Department's decision to require a drug test based on reasonable suspicion that the Uniformed Staffmember has violated the Department's rules, regulations, policies, orprocedures. b) Nothing in this Article restricts the authority of the Chief to impose appropriate disciplinary action for the violation of Department rules, regulations, policies, or procedures.

Section 9.

Conflicts

The terms of this Agreement shall prevail in a conflict with Departmental policy regarding alcohol or drug testing.

ARTICLE 15 PROTECTED RIGHTS OF UNIFORMED STAFF

Section 1.

Effect of Article

The following provisions shall apply to the administrative investigation of alleged misconduct by ATCEMS Uniformed Staff and the process of administrative discipline. To the extent of any conflict between this Agreement and the provisions of Chapter 143 of the Texas Local Government Code, the provisions of this Agreement shall control. To the extent of any conflict between this Article and any other provision of this Agreement, this Article shall control.

Section 2.

Definitions

In this Article:

a) "Complaint" means any affidavit, administrative referral, or other document setting forth allegations or facts that may form the basis of future allegations of misconduct against a Uniformed Staff member and which serves as the basis for initiating an investigation. b) "Complainant" means either a person claiming to be a witness to or a victim of misconduct by a Uniformed Staff member; or the Department designee in the case of an anonymous complaint or administrative referral.

c) "Disciplinary Action" means suspension, indefinite suspension, demotion in rank, reprimand, or any combination of those actions.

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