3.02.160 Disciplinary Hearing Procedures Involving Officers and Personnel, Other than Chief of Police

(a) Employee Handbook Complaints. If the disciplinary matter is covered under the Employee Handbook, it shall be handled under the Employee Handbook procedures. All appeals shall be handled under those rules, unless the Officer or Personnel involved reports directly to the Chief of Police. For anyone who reports directly to the Chief of Police, he or she is entitled to appeal to the Police Commission. The Commission shall review the record from the Tribe's Human Resources department and it is strongly encouraged to meet with the Officer or Personnel who submitted the appeal.

(b) Personnel Complaints. If the matter involves a formal investigation where discipline is imposed, those matters shall be handled under the Police Manual, unless the Officer or Personnel reports directly to the Chief of Police and is outlined in Police Manual at Section 1100.12. For anyone who reports directly to the Chief of Police, he or she is entitled to appeal to the Police Commission. The Police Commission shall review the record from the disciplinary process and is strongly encouraged to meet with Officer of Personnel who submitted the appeal.

(1) Invite the Police Officer or Personnel to agree to an informal resolution to the investigation;

(2) If an informal resolution is reached it must be reduced to writing whereby any appeal is waived and the discipline outlined; and

(3) If an informal resolution is not reached or the Chief of Police decides an informal resolution is not appropriate, the Chief of Police shall bring formal disciplinary charges against the Police Officer or Personnel.

(4) For formal charges before the Police Commission the following shall apply:

(A) The Commission shall be notified when formal disciplinary charges are filed. The notification shall contain the name of the Police Officer and/or Personnel but shall not include the details of the complaint.

(B) Upon the filing of formal disciplinary charges, the Police Officer or Personnel shall receive a copy of the charges in writing, along with notice of a hearing before the Police Commission. The notice shall include the right to cross- examine witnesses, the right to present evidence and the right to an attorney at his/her own expense or some other representative/advocate.

(C) The disciplinary hearing shall be heard by the Commission within thirty (30) days of the filing of the formal disciplinary charges.

(D) The hearing shall be closed to the public.

(E) The Chairperson shall not be involved in hearings involving an investigation overseen by him/her, unless it is a disciplinary action involving the Chief of Police.

(F) The Police Commission shall determine which evidence is relevant and allowed at the hearing.

(G) At the hearing, the Internal Affairs Officer shall present evidence to prove the charges. The Police Department may be represented by the Tribe's General Counsel. The burden of proof shall be a preponderance of the evidence. Past conduct may be offered if relevant to the current case.

(H) The Police Officer or Personnel may make a motion to disqualify a Commissioner for a conflict of interest. The challenged Commissioner may step down from the hearing or the Commission shall decide by majority vote whether to grant the motion.

(I) The Commission may question witnesses and request additional evidence.

(J) The Officer or Personnel may cross-examine witnesses and offer any evidence to refute the charges.

(K) The Commission shall decide whether the charges have been sustained based upon the evidence presented to them. They may retire to executive session to discuss and decide the case.

(L) Upon a finding the charges have been sustained, the Commission shall impose discipline based upon Department policies and procedures. The Commission shall review the personnel file for prior conduct and the Officer or Personnel may offer evidence of prior good conduct. Discipline may include, but is not limited to, counseling, training, probation, suspension, last chance agreement and termination from the Department. The Commission shall ensure that any discipline is fair and commensurate with the violation and that all Officers and Personnel are disciplined equally.

(M) A Police Officer or Personnel may petition for a rehearing within sixty (60) days of the Commission's decision upon discovery of new evidence. The Commission shall grant a new hearing if the evidence is relevant to the charges and was not available at the initial hearing.

(N) If a hearing, stemming from an Internal Affairs investigation, results in the termination of a Police Officer or Personnel, or if he/she is suspended without pay he/she may appeal the Commission's decision to the Saint Regis Mohawk Tribal Court of Appeals. Such an appeal must be filed within ten (10) days of the decision being issued on notice to the Commission. The Court of Appeals shall determine whether the Commission's decision was arbitrary and capricious based upon the record the Commission develops. Once an appeal is filed, the Commission shall file within ten (10) business days a certified copy of the record with the Court of Appeals on notice to the Officer or Personnel. If the Commission's decision involves counseling, training, probation or anything other than suspension or termination the Commission's decision is final.

(d) Any Commission findings shall remain in the employee's personnel files.

(e) Commission files, including notes, regarding formal disciplinary hearings shall be kept in an organized manner and secured in a locked filing cabinet that is only accessible by Commission members and its administrative assistant.