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HomeMy WebLinkAboutO-1492ORDINANCE NO. 1492 AN ORDINANCE TO APPROVE AND ADOPT POLICE GENERAL ORDER ("PGO") 3.400 POLICE DEPARTMENT DISCIPLINE BE IT ORDAINED BY THE CITY OF FAIRHOPE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, as follows: SECTION 1. PURPOSE AND COVERAGE. Except as otherwise stated in City of Fairhope Personnel Rules, Polices and Procedures ("Personnel Rules") § 9.06, all Fairhope Police Department ("Department") employees, including "law enforcement officers," are covered under the Personnel Rules. The purpose of this PGO 3.400 is: (1) to supplement the disciplinary guidelines and procedures applicable to all Department employees; and (2) to establish the pre -disciplinary review and hearing procedures for "law enforcement officers" as provided under Alabama Code §11-43-230. "Law enforcement officers" include all police officers employed by the City of Fairhope, who have successfully completed the required probationary period and who have the authority to make arrests as defined under Alabama Code §11-43-181 and §11-43-231. Law enforcement officers are covered by Alabama statutes addressing the tenure and discipline of law enforcement officers, and this PGO is intended to comply fully with these statutes. See Ala. Code § 11-43-180 et seq. and § 11-43-230 et seq. This PGO 3.400 shall not cover the Chief of Police, who is appointed and subject to disciplinary suspension without pay of up to thirty (30) days, a demotion or dismissal by the City Council. Ala. Code §§11-43-187, §11-43-3, §11-43-5 and §11-43-160(a)(1). The Mayor shall have the authority to issue a disciplinary verbal or written warning to the Chief of Police for good cause. While this PGO 3.400 provides disciplinary procedures and guidelines applicable to Department employees who are not "law enforcement officers," this PGO does not otherwise modify the Personnel Rules applicable to such employees. SECTION 2. GENERAL CODE OF CONDUCT To ensure the Department properly performs its mission to enforce the law, to protect our citizens and to ensure our citizens have confidence in the Department, all Department employees must maintain a high standard of honesty, integrity and professional conduct, both on duty and off duty. Conduct unbecoming a Department employee is a ground for discipline, including dismissal. All Department employees must comply with the City of Fairhope Personnel Rules, and the Department's PGOs, Cannons of Police Ethics and Rules of Conduct. Violations of this General Code of Conduct, the Personnel Rules, Department PGOs, or Department Cannons of Police Ethics and Rules of Conduct, generally are referred to in this PGO as "misconduct." SECTION 3. NON -DISCIPLINARY COUNSELING A Department employee's supervisor or the Chief of Police may counsel the employee in an effort to correct unacceptable job performance or minor misconduct. A written counseling report is not required. However, if a written counseling report is prepared, the report shall include a brief description of the unacceptable job performance or misconduct, and the date of the report. The report must be signed by the employee and the supervisor or Chief of Police. The employee will be provided a copy of any such counseling report and a copy will be maintained in the employee's personnel file. Ordinance No. 1492 Page -2- SECTION 4. DISCIPLINARY ACTIONS All Department employees are subject to the following disciplinary actions. (1) Verbal Warning. A verbal warning may be issued by the Chief of Police or by the employee's supervisor with the approval of the Chief of Police for unacceptable job performance or minor misconduct. (2) Written Warning. A written warning may be issued by the Chief of Police or by the employee's supervisor with the approval of the Chief of Police for unacceptable job performance or for more serious or repeated misconduct. Depending on the severity of the unacceptable job performance or misconduct, a written warning may be given without a prior verbal warning. (3) Disciplinary Procedures for Written and Verbal Warnings. Before issuing a verbal or written warning, the employee's supervisor or the Chief of Police will meet with the employee, describe the unacceptable job performance or misconduct supporting the verbal or written warning, and afford the employee the opportunity to respond. If the supervisor or the Chief of Police makes the decision to issue the verbal or written warning after hearing the employee's response, the supervisor shall document the disciplinary action on an Employee Record Notification Form. The Employee Record Notation Form shall include: (i) the discipline proposed or to be imposed (e.g., a written warning); (ii) the reason(s) for the discipline (e.g., the rules of conduct or policy violated); (iii) a brief statement of the facts supporting the reason(s); and (iv) the date. The supervisor or the Chief of Police issuing the Employee Record Notation Form shall sign the form and review the form with the employee. The employee shall be required to sign the form to acknowledge that the form has been reviewed with the employee. The employee shall have the opportunity to write on the form any response to the discipline. A copy of the form will be provided to the employee and a copy shall be maintained in the employee's personnel file. The pre -disciplinary review and hearing procedures under this PGO shall not apply to a verbal or written warning. (4) Disciplinary Demotion or Suspension Without Pay. The Chief of Police may recommend a disciplinary demotion (a reduction in rank for law enforcement and corrections officers) or a suspension without pay of up to 30 days for continuing or serious unacceptable job performance or for repeated or serious misconduct. The proposed discipline must be documented on an Employee Record Notation Form, which shall state the proposed discipline (e.g., 10 day suspension without pay), the reason(s) for the discipline (e.g., "conduct unbecoming a Department employee"), and a brief statement of the facts supporting such reason(s). The Form shall be signed by the Chief of Police. The Chief of Police shall forward the Form to the Human Resources Director. The proposed disciplinary demotion or suspension without pay must be reviewed by the Human Resources Director and approved by the Mayor, who shall sign the Form. The length of a proposed unpaid suspension will depend on the severity of the misconduct or unacceptable job performance and the employee's prior disciplinary record or performance record. If warranted, the employee may be demoted or suspended without pay as the first step in the process. Employees are not allowed to use paid vacation while on unpaid suspension. Ordinance No. 1492 Page -3- (5) Dismissal. The Chief of Police may recommend dismissal from employment for continuing or serious unacceptable job performance or for repeated or serious misconduct. The proposed dismissal must be documented on an Employee Record Notation Form, which shall state the nature of the proposed discipline, the reason(s) therefor, and a brief statement of the facts supporting the reason(s). The Form shall be signed by the Chief of Police. The Chief of Police shall forward the Form to the Human Resources Director. Any proposed dismissal must be reviewed by the Human Resources Director and approved by the Mayor, who shall sign the Form. Employees who fail to improve unacceptable performance or misconduct after progressive discipline are subject to dismissal. If warranted, however, the employee may be dismissed without previous counseling or disciplinary action. SECTION 5. DISCIPLINARY PROCEDURES FOR DEPARTMENT EMPLOYEES WHO ARE NOT "LAW ENFORCEMENT OFFICERS" For Department employees who are not "law enforcement officers," a disciplinary demotion, a suspension without pay or dismissal is subject to the disciplinary procedures established under the City of Fairhope's Personnel Rules. SECTION 6. PRE -DISCIPLINARY HEARING FOR LAW ENFORCEMENT OFFICERS For "law enforcement officers," a disciplinary demotion, a suspension without pay or dismissal is subject to the "Pre -Disciplinary Hearing for Law Enforcement Officers" under this PGO. (1) The Department Review Officer. The Mayor and the Chief of Police shall recommend to the City Council a Department Review Officer to conduct pre -disciplinary hearings for "law enforcement officers" under this PGO. The City Council shall appoint the Review Officer, who shall conduct pre -disciplinary hearings on the approved suspension, disciplinary demotion, or dismissal of law enforcement officers as provided under Alabama Code §11-43-231. The Review Officer must be impartial and shall have the authority to impose a proposed disciplinary demotion, suspension without pay or dismissal that has been approved by the Mayor under this PGO. The Review Officer shall continue to serve in that capacity until his or her removal is recommended by the Mayor and approved by the City Council. The Review Officer shall have no term of office and may be removed at any time by the City Council. A law enforcement officer subject to a pre -disciplinary hearing under this provision may request the Review Officer to recuse himself or herself on the ground the Review Officer is not "impartial" and therefore unable to render a fair decision. The request must be in writing and must state in detail the reason(s) the law enforcement officer believes the Review Officer is not impartial and cannot render a fair decision in the pre -disciplinary hearing. If the Review Officer concludes there is a reasonable basis for recusal, the Review Officer shall recuse himself or herself from conducting the pre -disciplinary hearing and the Mayor shall appoint an impartial substitute Review Officer to conduct the pre -disciplinary hearing. The substitute shall have the same authority as the Review Officer. (2) Law Enforcement Officers: The Pre -Disciplinary Hearing. If the Chief of Police recommends and the Mayor approves a disciplinary demotion, a suspension without pay, or dismissal, the following pre -disciplinary hearing procedures shall apply to "law enforcement officers." The Human Resources Director shall provide the Employee Record Notation Form, to the Review Officer. Upon receipt of the written Form, the Review Officer or the Human Resources Director at the direction of the Review Officer shall Ordinance No. 1492 Page -4- promptly issue a copy of the Employee Record Notation Form to the officer, together with a written notice advising the officer that he or she has ten (10) full days after the officer receives the notice to deliver to the Human Resources Director a written request for a pre -disciplinary hearing before the Review Officer. If the officer fails to deliver a written request for a hearing within ten (10) days from the date he or she receives the notice, the officer shall be deemed to have waived his or her right to a pre -disciplinary hearing, and the Chief of Police shall proceed with the proposed disciplinary action. If the officer timely delivers written notice requesting a pre -disciplinary hearing, the hearing shall be scheduled by the Review Officer. The Chief of Police and any Department supervisor who participated in the decision to recommend the proposed discipline shall attend the hearing. The officer has the right to appear at the hearing in person or by representative and to respond to the stated reason(s) for the proposed disciplinary action and the nature of the proposed discipline to be imposed. If the officer has a representative, the officer shall also be present at the hearing. At the pre -disciplinary hearing, the officer shall have the opportunity to present any response he or she may wish to offer to the reason(s) for the proposed discipline or to the nature of the proposed discipline to be imposed. The officer and the City may provide documents to the Review Officer and may call witnesses to testify at the hearing. A representative of the City shall have the opportunity to cross-examine any witnesses offered by the officer and the officer or his or her representative shall have the opportunity to cross-examine any witnesses offered by the City. The rules of evidence and the rules of discovery applicable in court proceedings shall not apply to the pre -disciplinary hearing. Following the pre -disciplinary hearing, the Review Officer shall make the decision whether discipline should be imposed and, if so, the nature of the discipline to be imposed. The Review Officer may accept the discipline recommended by the Chief of Police and approved by the Mayor, may impose lesser discipline, or may make the decision that discipline should not be imposed. The Review Officer shall issue a written decision, which shall state the disciplinary action to be imposed and a brief statement of the reason(s) for the decision. The decision shall not recite the evidence presented at the hearing or disclose the names of any witnesses who testified at the hearing. The Review Officer shall provide written notice of the decision to the officer, the Chief of Police, and the Human Resources Director, within five working days after the pre -disciplinary hearing unless the time is extended by the Review Officer for good cause. The decision of the Review Officer is the final action that will be taken by the City on the proposed discipline. A copy of the decision shall be maintained in the officer's personnel file. The pre -disciplinary hearing before the Review Officer is not subject to the Alabama Open Meetings Act and shall be closed to the public. SECTION 7. ADMINISTRATIVE LEAVE WITH PAY DURING DISCIPLINARY PROCEDURES FOR DISMISSAL With the approval of the Mayor, the Chief of Police may place a Department employee, including a law enforcement officer, on administrative leave with pay pending completion of the pre -disciplinary review and hearing procedures under the Personnel Rules for Department employees and under this PGO for law enforcement officers. The Chief of Police shall notify the employee and the Human Resources Director in writing if the Chief of Police with the approval of the Mayor places an employee on administrative leave with pay pending completion of the pre -disciplinary review and hearing procedures. The Human Resources Director shall provide a copy of the notice to the Review Officer. c T 0 Ordinance No. 1492 Page -5- If the employee requests a postponement of the pre -disciplinary hearing, the Review Officer may grant a postponement of up to fourteen (14) days. If the employee requests a postponement of the hearing, such request shall be conditioned upon the employee's agreement that the employee shall be placed on administrative leave without pay from the date the hearing was initially scheduled through the decision of the Review Officer. The employee's request for a postponement shall be a waiver of any right or claim the employee may have with regard to the administrative leave without pay. SECTION 8. EEO/HARASSMENT POLICY A request for pre -disciplinary hearing under this PGO is not a substitute for a complaint under the City of Fairhope's "EEO/Harassment Policy" in the Personnel Rules. If a Department employee, including a law enforcement officer, believes that any proposed disciplinary action would violate the City's "EEO/Harassment Policy", in addition to the procedures available under this PGO or the Personnel Rules, the employee must utilize the "Complaint Procedure" under the EEO/Harassment Policy. SECTION 9. SEVERABILITY The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10. EFFECTIVE DATE This Ordinance shall take effect immediately upon its due adoption and publication as required by law. Attest: A. anks, MM City Cler ADOPTED THIS 22ND DAY OF APRIL, 2013 FAIRHOPE POLICE DEPARTMENT POLICE GENERAL ORDER 3.400 Title: Police Department Discipline. Effective Date: PGO 3.400 Approved and Adopted by Ordinance No.: 1492, effective April 22, 2013. (Repeals and supersedes the current PGO 3.400 and any previous municipal ordinance or resolution addressing PGO 3.400). PURPOSE AND COVERAGE. Except as otherwise stated in City of Fairhope Personnel Rules, Polices and Procedures ("Personnel Rules") § 9.06, all Fairhope Police Department ("Department") employees, including "law enforcement officers," are covered under the Personnel Rules. The purpose of this PGO 3.400 is: (1) to supplement the disciplinary guidelines and procedures applicable to all Department employees; and (2) to establish the pre -disciplinary review and hearing procedures for "law enforcement officers" as provided under Alabama Code §11-43-230. "Law enforcement officers" include all police officers employed by the City of Fairhope, who have successfully completed the required probationary period and who have the authority to make arrests as defined under Alabama Code §11-43-181 and §11- 43-231. Law enforcement officers are covered by Alabama statutes addressing the tenure and discipline of law enforcement officers, and this PGO is intended to comply fully with these statutes. See Ala. Code § 11-43-180 et seq. and § 11-43-230 et seq. This PGO 3.400 shall not cover the Chief of Police, who is appointed and subject to disciplinary suspension without pay for up to thirty (30) days, a demotion or dismissal by the City Council. Ala. Code §§11-43-187, §11- 43-3, §11-43-5 and §11-43-160(a)(1). The Mayor shall have the authority to issue a disciplinary verbal or written warning to the Chief of Police for good cause. While this PGO 3.400 provides disciplinary procedures and guidelines applicable to Department employees who are not "law enforcement officers," this PGO does not otherwise modify the Personnel Rules applicable to such employees. GENERAL CODE OF CONDUCT. To ensure the Department properly performs its mission to enforce the law, to protect our citizens and to ensure our citizens have confidence in the Department, all Department employees must maintain a high standard of honesty, integrity and professional conduct, both on duty and off duty. Conduct unbecoming a Department employee is a ground for discipline, including dismissal. All Department employees must comply with the City of Fairhope Personnel Rules, and the Department's PGOs, Cannons of Police Ethics and Rules of Conduct. Violations of this General Code of Conduct, the Personnel Rules, Department PGOs, or Department Cannons of Police Ethics and Rules of Conduct, generally are referred to in this PGO as "misconduct." NON -DISCIPLINARY COUNSELING. A Department employee's supervisor or the Chief of Police may counsel the employee in an effort to correct unacceptable job performance or minor misconduct. A written counseling report is not required. However, if a written counseling report is prepared, the report shall include a brief description of the unacceptable job performance or misconduct, and the date of the report. The report must be signed by the employee and the supervisor or Chief of Police. The employee will be provided a copy of any such counseling report and a copy will be maintained in the employee's personnel file. DISCIPLINARY ACTIONS. All Department employees are subject to the following disciplinary actions. Verbal Warning. A verbal warning may be issued by the Chief of Police or by the employee's supervisor with the approval of the Chief of Police for unacceptable job performance or minor misconduct. Written Warning. A written warning may be issued by the Chief of Police or by the employee's supervisor with the approval of the Chief of Police for unacceptable job performance or for more serious or repeated misconduct. Depending on the severity of the unacceptable job performance or misconduct, a written warning may be given without a prior verbal warning. Disciplinary Procedures for Written and Verbal Warnings. Before issuing a verbal or written warning, the employee's supervisor or the Chief of Police will meet with the employee, describe the unacceptable job performance or misconduct supporting the verbal or written warning, and afford the employee the opportunity to respond. If the supervisor or the Chief of Police makes the decision to issue the verbal or written warning after hearing the employee's response, the supervisor shall document the disciplinary action on an Employee Record Notification Form. The Employee Record Notation Form shall include: (i) the discipline proposed or to be imposed (e.g., a written warning); (ii) the reason(s) for the discipline (e.g., the rules of conduct or policy violated); (iii) a brief statement of the facts supporting the reason(s); and (iv) the date. The supervisor or the Chief of Police issuing the Employee Record Notation Form shall sign the form and review the form with the employee. The employee shall be required to sign the form to acknowledge that the form has been 2 reviewed with the employee. The employee shall have the opportunity to write on the form any response to the discipline. A copy of the form will be provided to the employee and a copy shall be maintained in the employee's personnel file. The pre -disciplinary review and hearing procedures under this PGO shall not apply to a verbal or written warning. Disciplinary Demotion or Suspension Without Pay. The Chief of Police may recommend a disciplinary demotion (a reduction in rank for law enforcement and corrections officers) or a suspension without pay of up to 30 days for continuing or serious unacceptable job performance or for repeated or serious misconduct. The proposed discipline must be documented on an Employee Record Notation Form, which shall state the proposed discipline (e.g., 10 day suspension without pay), the reason(s) for the discipline (e.g., "conduct unbecoming a Department employee"), and a brief statement of the facts supporting such reason(s). The Form shall be signed by the Chief of Police. The Chief of Police shall forward the Form to the Human Resources Director. The proposed disciplinary demotion or suspension without pay must be reviewed by the Human Resources Director and approved by the Mayor, who shall sign the Form. The length of a proposed unpaid suspension will depend on the severity of the misconduct or unacceptable job performance and the employee's prior disciplinary record or performance record. If warranted, the employee may be demoted or suspended without pay as the first step in the process. Employees are not allowed to use paid vacation while on unpaid suspension. Dismissal. The Chief of Police may recommend dismissal from employment for continuing or serious unacceptable job performance or for repeated or serious misconduct. The proposed dismissal must be documented on an Employee Record Notation Form, which shall state the nature of the proposed discipline, the reason(s) therefor, and a brief statement of the facts supporting the reason(s). The Form shall be signed by the Chief of Police. The Chief of Police shall forward the Form to the Human Resources Director. Any proposed dismissal must be reviewed by the Human Resources Director and approved by the Mayor, who shall sign the Form. Employees who fail to improve unacceptable performance or misconduct after progressive discipline are subject to dismissal. If warranted, however, the employee may be dismissed without previous counseling or disciplinary action. DISCIPLINARY PROCEDURES FOR DEPARTMENT EMPLOYEES WHO ARE NOT "LAW ENFORCEMENT OFFICERS." For Department employees who are not "law enforcement officers," a disciplinary demotion, a suspension without pay or dismissal is subject to the disciplinary procedures established under the City of Fairhope's Personnel Rules. K, PRE -DISCIPLINARY HEARING FOR LAW ENFORCEMENT OFFICERS. For "law enforcement officers," a disciplinary demotion, a suspension without pay or dismissal is subject to the "Pre -Disciplinary Hearing for Law Enforcement Officers" under this PGO. The Department Review Officer. The Mayor and the Chief of Police shall recommend to the City Council a Department Review Officer to conduct pre -disciplinary hearings for "law enforcement officers" under this PGO. The City Council shall appoint the Review Officer, who shall conduct pre - disciplinary hearings on the approved suspension, disciplinary demotion, or dismissal of law enforcement officers as provided under Alabama Code §11- 43-231. The Review Officer must be impartial and shall have the authority to impose a proposed disciplinary demotion, suspension without pay or dismissal that has been approved by the Mayor under this PGO. The Review Officer shall continue to serve in that capacity until his or her removal is recommended by the Mayor and approved by the City Council. The Review Officer shall have no term of office and may be removed at any time by the City Council. A law enforcement officer subject to a pre -disciplinary hearing under this provision may request the Review Officer to recuse himself or herself on the ground the Review Officer is not "impartiaf' and therefore unable to render a fair decision. The request must be in writing and must state in detail the reason(s) the law enforcement officer believes the Review Officer is not impartial and cannot render a fair decision in the pre - disciplinary hearing. If the Review Officer concludes there is a reasonable basis for recusal, the Review Officer shall recuse himself or herself from conducting the pre -disciplinary hearing and the Mayor shall appoint an impartial substitute Review Officer to conduct the pre -disciplinary hearing. The substitute shall have the same authority as the Review Officer. Law Enforcement Officers: The Pre - Disciplinary Hearing. If the Chief of Police recommends and the Mayor approves a disciplinary demotion, a suspension without pay, or dismissal, the following pre -disciplinary hearing procedures shall apply to "law enforcement officers." The Human Resources Director shall provide the Employee Record Notation Form, to the Review Officer. Upon receipt of the written Form, the Review Officer or the Human Resources Director at the direction of the Review Officer shall promptly issue a copy of the Employee Record Notation Form to the officer, together with a written notice advising the officer that he or she has ten (10) full days after the officer receives the notice to deliver to the Human Resources Director a written request for a pre -disciplinary hearing before the Review Officer. If the officer fails to deliver a written request for a hearing within ten (10) days from the date he or she receives the notice, the officer shall be deemed to have waived his or her right to a pre -disciplinary hearing, and the Chief of Police shall proceed with the proposed disciplinary action. If the officer timely delivers written 4 notice requesting a pre -disciplinary hearing, the hearing shall be scheduled by the Review Officer. The Chief of Police and any Department supervisor who participated in the decision to recommend the proposed discipline shall attend the hearing. The officer has the right to appear at the hearing in person or by representative and to respond to the stated reason(s) for the proposed disciplinary action and the nature of the proposed discipline to be imposed. If the officer has a representative, the officer shall also be present at the hearing. At the pre -disciplinary hearing, the officer shall have the opportunity to present any response he or she may wish to offer to the reason(s) for the proposed discipline or to the nature of the proposed discipline to be imposed. The officer and the City may provide documents to the Review Officer and may call witnesses to testify at the hearing. A representative of the City shall have the opportunity to cross- examine any witnesses offered by the officer and the officer or his or her representative shall have the opportunity to cross-examine any witnesses offered by the City. The rules of evidence and the rules of discovery applicable in court proceedings shall not apply to the pre - disciplinary hearing. Following the pre -disciplinary hearing, the Review Officer shall make the decision whether discipline should be imposed and, if so, the nature of the discipline to be imposed. The Review Officer may accept the discipline recommended by the Chief of Police and approved by the Mayor, may impose lesser discipline, or may make the decision that discipline should not be imposed. The Review Officer shall issue a written decision, which shall state the disciplinary action to be imposed and a brief statement of the reason(s) for the decision. The decision shall not recite the evidence presented at the hearing or disclose the names of any witnesses who testified at the hearing. The Review Officer shall provide written notice of the decision to the officer, the Chief of Police, and the Human Resources Director, within five working days after the pre -disciplinary hearing unless the time is extended by the Review Officer for good cause. The decision of the Review Officer is the final action that will be taken by the City on the proposed discipline. A copy of the decision shall be maintained in the officer's personnel file. The pre -disciplinary hearing before the Review Officer is not subject to the Alabama Open Meetings Act and shall be closed to the public. ADMINISTRATIVE LEAVE WITH PAY DURING DISCIPLINARY PROCE- DURES FOR DISMISSAL. With the approval of the Mayor, the Chief of Police may place a Department employee, including a law enforcement officer, on administrative leave with pay pending completion of the pre -disciplinary review and hearing procedures under the Personnel Rules 5 for Department employees and under this PGO for law enforcement officers. The Chief of Police shall notify the employee and the Human Resources Director in writing if the Chief of Police with the approval of the Mayor places an employee on administrative leave with pay pending completion of the pre -disciplinary review and hearing procedures. The Human Resources Director shall provide a copy of the notice to the Review Officer. If the employee requests a postponement of the pre -disciplinary hearing, the Review Officer may grant a postponement of up to fourteen (14) days. If the employee requests a postponement of the hearing, such request shall be conditioned upon the employee's agreement that the employee shall be placed on administrative leave without pay from the date the hearing was initially scheduled through the decision of the Review Officer. The employee's request for a postponement shall be a waiver of any right or claim the employee may have with regard to the administrative leave without pay. EEO/HARASSMENT POLICY. A request for pre -disciplinary hearing under this PGO is not a substitute for a complaint under the City of Fairhope's "EEO/Harassment Policy" in the Personnel Rules. If a Department employee, including a law enforcement officer, believes that any proposed disciplinary action would violate the City's "EEO/Harassment Policy", in addition to the procedures available under this PGO or the Personnel Rules, the employee must utilize the "Complaint Procedure" under the EEO/Harassment Policy. 0