B&D TOWING, INC. -2013 - Laserfiche WebLink

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appropriate enforcement action for violations of the law. As soon as reasonably practical, the Traffic Commander shall call a meeting of the Police Tow Committee to review the findings of the investigation and recommend disciplinary action if appropriate. The Police Tow Committee shall take into account the nature of the complaint, the findings of the investigation, past complaints against the Contractor and past practice of the Committee to maintain equitable treatment of all Contractors assigned to the rotational tow list. Depending on the nature and complexity of the sustained violation, the Traffic Commander may allow the Contractor or designee to attend and make a brief statement to the Police Tow Committee, not to exceed 15 minutes in length, and ask additional questions of the Contractor. Disciplinary action shall typically be progressive in nature and based on the Contractor's record during the previous five (5) years from the date of complaint. Therefore, multiple infractions for similar offenses, regardless of their severity, will result in increased disciplinary action. However, this does not preclude the Tow Committee from recommending more serious sanctions where major rule violations have been committed or there are aggravating facts associated with the misconduct. Based on the findings of the Tow Committee, the following actions may be recommended: 1. No further action. 2. Issue a written warning. 3. Impose a suspension for minor violations (one (1) to 30-days). 4. Impose a suspension for multiple minor violations or a single major violation (30 to 90-days). 5. Termination of the contract for cause and immediate removal from the rotation list. The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The Traffic Commander shall have the authority to impose the recommendations of the Tow Committee up to and including the imposition of a suspension for minor violations as long as the suspension does not exceed 30-days in length. However, nothing in this article shall preclude the Traffic Commander from reducing the recommended discipline based on mitigating facts. Recommended suspensions exceeding 30-days in length or termination from the rotation list shall be approved by the Field Operations Bureau Commander prior to imposition. Based on the review of Contractor's complaint history and the nature of the complaint(s), and upon recommendation of the Police Tow Committee, the City may also exercise its right to immediately terminate this agreement if the conduct of the Contractor, or agents, are determined to pose a danger to the public, have an excessive number of complaints that tax the investigative resources of the Police Department, or the Contractor's actions reflect negatively upon the City. U. RIGHT TO APPEAL Upon receipt of a notice to impose disciplinary action, the Contractor shall have ten (10) business days to request a hearing, via the Traffic Commander, to appeal the decision.