Appeal to the City Council. In the event that mediation fails to resolve the matter, the decision of the Department Head/ City Administrator in Section 6.1 shall be final and binding unless a written notice of appeal is filed with the City Clerk within seven (7) days following the conclusion of mediation.
Appeal to the City Council. Employees shall be entitled to appeal any disciplinary demotion, suspension, or termination to the City Council within fourteen (14) calendar days following the imposition of such disciplinary action unless appeal is specifically prohibited by provisions of the Barstow Municipal Code or by the City’s existing Personnel Policies and Procedures Manual. Furthermore, Employees seeking an appeal must submit the appeal in accordance with the City’s existing Policies and Procedures Manual. Any recommended discipline described in this section shall first be reviewed by the City Manager before a unit member is served with notice. For disciplinary action involving termination or an unpaid suspension of eighty (80) hours or more, the disciplinary action shall be first subject to advisory arbitration. In such case, upon receiving an appeal, the City shall obtain a list of arbitrators from the State Mediation and Conciliation Service. The parties shall take turns striking names from the list, beginning with the party who wins a coin toss, until one remains. The remaining named person shall be the arbitrator in the matter and his or her decision shall be advisory and submitted to the City Council. The City Council shall then exercise its independent judgment in reviewing the disciplinary action. The City Council’s decision shall be final and binding. Each party shall pay 50% of the cost of arbitration.
