Agda Pkt 2025.03.10 Joint SA PFA

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40 This pre-disciplinary procedure applies to for-cause employees who are subjected to disciplinary suspension, demotion, reduction in pay, or discharge. Probationary Employees can be terminated at-will and have no rights to any of the pre or post-disciplinary processes or procedures in this agreement. Only for-cause employees have the right to the Skelly Conference and appeal processes outlined in this Section. A. Notice of Intent to Discipline (NOID): The employee will be provided a written notice of intent to discipline which contains the following: 1. The level of discipline intended to be imposed; 2. The specific charges upon which the intended discipline is based; 3. A summary of the facts upon which the charges are based; 4. A copy of all written materials, reports, or documents upon which the intended discipline is based; 5. Notice of the employee’s right to respond to the Chief of police regarding the charges within ten (10) calendar days from the date of the Notice of Intent to Discipline (NOID), either by requesting an informal conference (the “Skelly Conference”), or by providing a written response, or both; 6. Notice of the employee’s right to have a representative of their choice at the Skelly Conference, should the employee choose to respond orally; and 7. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline. B. Employee’s Response and the Skelly Conference 1. If the employee requests a Skelly Conference to respond orally to the charge(s), the conference will be scheduled within a reasonable time after the date of the Notice of Intent to Discipline (NOID). The Skelly Conference will be an informal meeting with the Police Chief or designee, at which time the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances. The Police Chief or designee will consider the employee’s presentation before any final disciplinary action. 2. The employee’s failure to make an oral response at the arranged conference time, or the employee’s failure to cause their written response to be delivered by the date and time specified in the notice, constitutes a waiver of the employee’s right to respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified. C. Final Notice of Discipline (NOD) After receipt of the employee’s timely written response or after the Skelly Conference, the Police Chief will: a) dismiss the notice of intent and take no disciplinary action against the employee, b) modify the intended disciplinary action, or c) impose the intended disciplinary action. In any event, the Police 6.H. - Page 48 of 72 390