38-1131. Definitions

In this article, unless the context otherwise requires:

1. " Appeal" means a hearing before a state or local merit board, a civil service board or a hearing officer.

2. " Disciplinary action" means the dismissal, the demotion or any suspension of a probation officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board or a hearing officer.

3. " Investigative file" means the probation department's complete report and any attachments detailing the incidents leading to the disciplinary action.

4. " Just cause" means:

(a) The employer informed the probation officer of the possible disciplinary action resulting from the officer's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the officer or the conduct was such that the officer should have reasonably known disciplinary action could occur.

(b) The disciplinary action is reasonably related to the standards of conduct for a professional probation officer, the mission of the agency, the orderly, efficient or safe operation of the agency or the officer's fitness for duty.

(c) The discipline is supported by a preponderance of evidence that the conduct occurred.

(d) The discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record.

5. " Probation officer" means a surveillance officer, juvenile detention officer or juvenile or adult probation officer, other than a probationary employee, who is employed by this state or a political subdivision of this state.