Section 1. Discipline and Discharge. The parties recognize the principles of progressive and corrective discipline. Disciplinary action or measures shall include only the following:
(A) Oral reprimand
(B) Written reprimand
(D) Suspension (notice to be given in writing)
Disciplinary action may be imposed upon an officer only for just cause. Any disciplinary action or measure imposed upon an officer shall be processed as a grievance through the regular grievance procedure. If the Employer has reason to reprimand an officer, it shall be done in a manner that will not embarrass an officer before the other persons.
Section 2. Limitation. The Employer’s agreement to use progressive and corrective disciplinary action does not prohibit the Employer in any case from imposing discipline, which is commensurate with the severity of the offense. The Employer shall notify both the officer andUnion of disciplinary action. Such notification shall be in writing and shall reflect the specific nature of the offense.
Section 3. Pre-disciplinary Meeting. For discipline other than oral and written reprimands, simultaneously with notifying the officer of the contemplated discipline to be imposed, the Employer shall notify the local Union of the meeting and then shall meet with the officer involved and inform the officer of the reason for such contemplated discipline, including any names of witnesses and copies of pertinent documents. The officer shall be informed of his contract rights to Union attendance, if requested by the officer, and the officer and Union Rep shall be given the opportunity to rebut or clarify the reasons for such discipline and further provided that a Union Rep shall be available within twenty-four (24) hours of notification. If the officer does not request Union representation, a Union representative shall nevertheless be entitled to be present as a non-active participant at any and all such meetings.
Section 4. Investigatory Interviews. Where the Employer desires to conduct an investigatory interview of an officer where the results of the interview might result in discipline, the Employer agrees to first inform the officer that the officer has a right to Union representation at such interview. If the officer desires such Union representation, no interview shall take place without the presence of a Union representative. The role of the Union representative is limited to assisting the officer, clarifying the facts and suggesting other officers who may have knowledge of the facts.
Section 5. Merit Commission. The Employer and theUnion agree that the provisions of this Agreement relating to discipline, discharge, grievance procedures and arbitration shall be exclusive to similar procedures heretofore available under the Sheriff’s Merit Commission. Provided, however, that nothing herein shall infringe on the function of the Sheriff’s Merit Commission in testing applicants for new positions or promotions and creating eligibility lists for any such positions from which the Sheriff shall fill any such positions.