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<br />54 <br /> <br /> <br />18.2.1 Response To Adverse Comments <br /> <br />A public safety officer employee will have thirty (30) days within which to file a <br />written response to any adverse comment entered into their personnel file, including <br />an adverse comment on a performance evaluation in accordance with Section 16 of <br />this MOU, which does not constitute a punitive action as described above. The <br />written response will be attached to the adverse comment. <br /> <br />18.2.2. Pre-Disciplinary Procedure For Suspension, Demotion, Reduction In <br />Pay, Or Discharge <br /> <br />This pre-disciplinary procedure applies to permanent employees who are subjected <br />to disciplinary suspension, demotion, reduction in pay, or discharge. <br /> <br />Probationary Employees can be terminated at-will and have no rights to any of the <br />pre or post-disciplinary processes or procedures in this agreement. If the reason for <br />the release of a Probationary Employee is for misconduct that stigmatizes their <br />reputation such that it is more difficult to obtain future employment, and the reason <br />has been provided to the employee or made public, the employee may be entitled <br />to a “name clearing” meeting with the appointing authority before the date of <br />release. Only for-cause employees have the right to the Skelly Conference and <br />appeal processes outlined in this Section. <br /> <br />A. Notice of Intent to Discipline (NOID): The employee will be provided <br />a written notice of intent to discipline which contains the following: <br /> <br />1. The level of discipline intended to be imposed; <br />2. The specific charges upon which the intended discipline is based; <br />3. A summary of the facts upon which the charges are based; <br />4. A copy of all written materials, reports, or documents upon which <br />the intended discipline is based; <br />5. Notice of the employee’s right to respond to the Chief of Police <br />regarding the charges within ten (10) business days from the date of <br />the Notice of Intent to Discipline (NOID), either by requesting an <br />informal conference (the “Skelly Conference”), or by providing a <br />written response, or both; <br />6. Notice of the employee’s right to have a representative of their <br />choice at the Skelly Conference, should they choose to respond <br />orally; and <br />7. Notice that the failure to respond at the time specified shall <br />constitute a waiver of the right to respond prior to the imposition of <br />discipline. <br /> <br />B. Employee’s Response and the Skelly Conference <br /> <br />1. If the employee requests a Skelly Conference to respond orally to the <br />charge(s), the conference will be scheduled within a reasonable time <br />6.I. - Page 66 of 84 <br />296