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<br />41 <br /> <br />b. If, after the informal procedure, a decision is rendered which <br />upholds the punitive action, the action will not be effective <br />sooner than forty-eight (48) hours of issuance of the decision. <br /> <br />c. The decision will be served by first class mail, postage pre - <br />paid, upon the employee as well as their attorney or <br />representative, will be accompanied by an affidavit or <br />certificate of mailing, and will advise the employee that the <br />time within which judicial review of the decision may be <br />sought is governed by Code of Civil Procedure Section 1094.6. <br /> <br />14.2.3 Pre-Disciplinary Procedure For Suspension, Demotion, Reduction In <br />Pay, Or Discharge <br /> <br />This pre-disciplinary procedure applies to for-cause employees who <br />are subjected to disciplinary suspension, demotion, reduction in pay, <br />or discharge. <br /> <br />The following categories of persons can be terminated at-will and <br />have no rights to any of the pre or post-disciplinary processes or <br />procedures in this Policy: (1) part-time employees, (2) temporary, <br />provisional or seasonal employees, (3) probationary employees, (4) <br />any person who serves pursuant to a contract, and 5) any person who <br />is designated “at-will” in any City policy, document, <br />acknowledgement, resolution or ordinance. Only for-cause <br />employees have the right to the Skelly Conference and appeal <br />processes outlined in this Section. <br /> <br />14.2.3.1 Notice of Intent to Discipline: The employee will be <br />provided a written notice of intent to discipline which will contain the <br />following: <br /> <br />A. The level of discipline intended to be imposed; <br />B. The specific charges upon which the intended discipline is <br />based; <br />C. A summary of the facts upon which the charges are based; <br />D. A copy of all written materials, reports, or documents upon <br />which the intended discipline is based; <br />E. Notice of the employee’s right to respond to the Fire Chief <br />regarding the charges within seven (7) calendar days from the <br />date of the Notice, either by requesting an informal conference <br />(the “Skelly Conference”), or by providing a written response, <br />or both; <br />6.A. - Page 52 of 99 <br />59