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(g) Withdrawal/Amendment
The agency or department head or his or her designee has full authority,
at any time before or after the notice of discipline is served by an appointing
authority or his or her designee, to review such notice and the proposed
penalty and to take such action as he or she deems appropriate under the
circumstances in accordance with this Article including, but not limited to,
determining whether a notice should be issued, amendment of the notice
no later than 15 days prior to first Expedited Resolution Meeting or 15 days
prior to the disciplinary arbitration hearing provided for in Section 33.4 –
Disciplinary Arbitration – of this Article withdrawal of the notice or a
reduction in the proposed penalty. Amendment of the notice after 15 days
prior to the first Expedited Resolution meeting or after 15 days prior to the
disciplinary arbitration hearing provided for in Section 33.4, or withdrawal
of the notice, are subject to the following:
• where amended, the employee is entitled to an adjournment where
requested by the employee, or his or her representative;
• in the instance where an employee is suspended without pay or
temporarily reassigned pursuant to Section 33.3(j)(1) - Suspension
Without Pay - the withdrawal of a notice of discipline shall cause
the employee to be retroactively reinstated with back pay, if
suspended, or returned to his or her original assignment, if
temporarily reassigned, upon such withdrawal. The amendment of
the notice of discipline in such instances shall end such suspension
or temporary reassignment as of the date of such amendment.
However, the disciplinary arbitrator shall determine whether there
was a probable cause for suspension in accordance with Section
33.3(j)(1) - Suspension Without Pay - and, where in issue whether
the amendment is, in fact, a withdrawal of the initial notice of
discipline and entitled to be treated as such pursuant to this section;
• in all instances where an employee is suspended without pay or
temporarily reassigned pursuant to Sections 33.3(j) - Suspension
Without Pay or Temporary Reassignment - and the notice of
discipline is amended or withdrawn pursuant to this provision, such
an employee may not be again suspended or temporarily reassigned
solely upon those same facts alleged to constitute incompetency or
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