Common use of Disciplinary Appeals Clause in Contracts

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.5.

Disciplinary Appeals. If an In the case of suspension without pay, demotion, or dismissal, the employee desires to may appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative decision of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it Department Head to the City Manager as well as both parties’ representativesManager. The arbitrator An employee shall provide copies to both parties’ representatives. Within have ten (10) calendar days from the receipt date of the advisory arbitration's recommendationDepartment Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decision, both parties’ representatives may submit the intended discipline shall be imposed on the day specified therein. If the employee appeals within the specified time, the Department Head will determine if the employee can remain on his/her normal work schedule or be placed on leave with pay until the appeal to the City Manager has been completed. Appeal of suspension without pay up to a brief statementmaximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, not the decision of the City Manager shall be final. Appeal of suspension without pay exceeding three forty (340) double-spaced pageshours, stating whether they believe demotion, or dismissal - In the advisory case of suspension without pay exceeding forty (40) hours, demotion, or dismissal, the employee may appeal the decision of the City Manager to an arbitrator's recommendation is correct or not and why. Within thirty A written notice of appeal must be received by the City Manager no later than five (355) calendar days following the date of the City Manager’s decision. Upon receipt of the advisory arbitrator's recommendationappeal, the City Manager shall issue contact the State Mediation and send his/her final written decision Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitrator. Upon receipt of the list from SMCS, the City and the Organization shall meet and alternately strike names from the list until the name of one individual remains, who shall serve as the arbitrator. The employee and the City shall share the fees and expenses of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement of the parties, the cost of which shall be shared equally between the parties. The City Manager may accept, reject All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or modify expenses of witnesses called by the advisory arbitrator's recommendation or any part other party. A party requesting a transcript of the arbitration shall bear the cost thereof. In no case, however, may the City Manager increase the penalty above that imposed The decision rendered by the department head. The City Manager's decision arbitrator shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties binding and not appealable to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code Council or a court of Civil Procedure section 1094.5law.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she they (or the representative) shall submit a written notice Notice of appealAppeal. A representative of the City shall contact either the employee or his/her their identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators arbitrators, the arbitrator themselves, and the arbitrator him/herself, court reporter shall be equally split between the City and the Association unless the Association is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his/her their advisory recommendation he/she recommendation, they will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the arbitrator’s advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's advisory recommendation is correct or not and why. Within thirty thirty-five (35) calendar days of receipt of the advisory arbitrator's advisory recommendation, the City Manager shall issue and send his/her their final written decision to the parties. The City Manager may accept, reject reject, or modify the advisory arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headDepartment Head. The City Manager's decision shall be final and binding. In reaching his/her their decision, the City Manager shall review the advisory arbitrator's advisory recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and from the arbitration including any arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6, which provides a 90-day statute of limitations.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she they (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her their identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her their advisory recommendation he/she they will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her their final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headDepartment Head. The City Manager's decision shall be final and binding. In reaching his/her their decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.5.

Disciplinary Appeals. If an In the case of suspension without pay, demotion, or dismissal, the employee desires to may appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative decision of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it Department Head to the City Manager as well as both parties’ representativesManager. The arbitrator An employee shall provide copies to both parties’ representatives. Within have ten (10) calendar days from the receipt date of the advisory arbitration's recommendationDepartment Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decision, both parties’ representatives may submit the intended discipline shall be imposed on the day specified therein. If the employee appeals within the specified time, the Department Head will determine if the employee can remain on his/her normal work schedule or be placed on leave with pay until the appeal to the City Manager has been completed. Appeal of suspension without pay up to a brief statementmaximum of forty (40) hours. In the case of suspension without pay up to a maximum of forty (40) hours, not the decision of the City Manager shall be final. Appeal of suspension without pay exceeding three forty (340) double-spaced pageshours, stating whether they believe demotion, or dismissal. In the advisory case of suspension without pay exceeding forty (40) hours, demotion, or dismissal, the employee may appeal the decision of the City Manager to an arbitrator's recommendation is correct or not and why. Within thirty A written notice of appeal must be received by the City Manager no later than five (355) calendar days following the date of the City Manager’s decision. Upon receipt of the advisory arbitrator's recommendationappeal, the City Manager shall issue contact the State Mediation and send his/her final written decision Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitrator. Upon receipt of the list from SMCS, the City and the Organization shall meet and alternately strike names from the list until the name of one individual remains, who shall serve as the arbitrator. The employee and the City shall share the fees and expenses of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement of the parties, the cost of which shall be shared equally between the parties. The City Manager may accept, reject All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or modify expenses of witnesses called by the advisory arbitrator's recommendation or any part other party. A party requesting a transcript of the arbitration shall bear the cost thereof. In no case, however, may the City Manager increase the penalty above that imposed The decision rendered by the department head. The City Manager's decision arbitrator shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties binding and not appealable to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code Council or a court of Civil Procedure section 1094.5law.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she The parties agree that the Chief of Police (or the representativeChief’s designee) shall submit have the right to suspend a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten non-probationary officer for up to thirty (1030) calendar days or dismiss a non-probationary officer for just cause, without filing charges with the Village Board of receipt Fire and Police Commissioners. Probationary employees may be disciplined or dismissed without just cause. Neither the Police Chief nor the Village or their agents will file charges asking the Board of Fire and Police Commissioners to impose discipline on any non- probationary bargaining unit employee; instead all such discipline shall be imposed by the Police Chief or his designee. The decision of the Notice Police Chief or the Chief’s designee with respect to the suspension or dismissal action shall be deemed final, subject only to the review of Appeal said decision through the grievance and arbitration procedure. The sole recourse for appealing any such decision by the Chief of Police shall be for the purpose of determining whether the parties can agree on an advisory arbitrator employee to hear the appealfile a grievance as described herein. If the parties can agreeemployee elects to file a grievance as to his or her suspension or dismissal, the representative for the City grievance shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitratorbe processed in accordance with Article XI of this Agreement, the Human Resources Director or designee will send a letter to the Public Employment Relations Board except that it shall be filed at Step 4 (PERBVillage Manager Level) requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosenprocedure, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within within ten (10) calendar days from the receipt issuance of the advisory arbitration's recommendationChief’s decision. If the grievance proceeds to arbitration as described in Step 5 of Article 11.3, both parties’ representatives may submit due to failure to resolve the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Managerat Step 4, and the evidencearbitrator determines that the discipline or dismissal was supported by just cause, both documentary the arbitrator shall affirm the action. If the grievance proceeds to arbitration and testimonialthe arbitrator determines that the disciplinary action was not supported by just cause the arbitrator shall have the authority to rescind or to modify the disciplinary action and order back pay, or a portion thereof. No relief shall be available from the Board of Fire and arguments presented Police Commissioners with respect to any matter which is subject to the advisory grievance and arbitration procedure set forth in Article XI of this Agreement. Any appeal of an arbitrator. The employee has the right to appeal the City Manager’s decision award shall be in accordance with California Code the provisions of Civil Procedure section 1094.5the Uniform Arbitration Act as provided by Section 8 of the IPLRA. Pursuant to Section 15 of the IPLRA and 65 ILCS § 10-2.1-17, the parties have negotiated an alternative procedure based upon the grievance and arbitration provisions of this Agreement, and the foregoing provisions with respect to the appeal and review of suspension or discharge decisions shall be in lieu of, and shall expressly supersede and preempt, any provisions that might otherwise be available under the Rules and Regulations of the Village Board of Fire and Police Commissioners. The Village Board of Fire and Police Commissioners is divested of jurisdiction to hear disciplinary charges. Discipline that does not involve a termination or suspension (e.g., oral and written reprimands) may only be grieved through Step 4 of the grievance procedure and may not be submitted to arbitration.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herself, and the court reporter shall be equally split between the City and the Association unless the Association is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his/her his /her advisory recommendation recommendation, he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the arbitrator’s advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's advisory recommendation is correct or not and why. Within thirty thirty-five (35) calendar days of receipt of the advisory arbitrator's advisory recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's advisory recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and testimonial from the arbitration including any arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6 which provides a 90-day statute of limitations.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she shethey (or the representative) shall submit a written notice Notice of appealappealAppeal. A representative of the City shall contact either the employee or his/her hertheir identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her hertheir availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director DirectorDirector of Human Resources or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herself, and the court reporter shall be split equally between the City and the Association SUP unless Association SUP is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his/her hertheir advisory recommendation he/she shethey will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitrationarbitrator's arbitrator recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her hertheir final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headheadDepartment Head. The City Manager's decision shall be final and binding. In reaching his/her hertheir decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6 which provides a 90-day statute of limitations.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she shethey (or the representative) shall submit a written notice Nnotice of appealAappeal. A representative of the City shall contact either the employee or his/her hertheir identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her hertheir availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director DirectorDirector of Human Resources or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herselfherselfthemselves, and the court reporter shall be equally split between the City and the Association unless the Association is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his/her his /hertheir advisory recommendation recommendation, he/she shethey will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the arbitrator’s advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's advisory recommendation is correct or not and why. Within thirty thirty-five (35) calendar days of receipt of the advisory arbitrator's advisory recommendation, the City Manager shall issue and send his/her hertheir final written decision to the parties. The City Manager may accept, reject reject, or modify the advisory arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headheadDepartment Head. The City Manager's decision shall be final and binding. In reaching his/her hertheir decision, the City Manager shall review the advisory arbitrator's advisory recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and from the arbitration including any arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6, which provides a 90-day statute of limitations.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Assistant Director of Administrative Services/Human ResourcesHuman Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herself, and the court reporter shall be split equally between the City and the Association SUP unless Association SUP is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitratrion costs. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitrationarbitrationarbitrator's arbitrator recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6 which provides a 90-day statute of limitations.

Disciplinary Appeals. If Non-Arbitrable Appeals A written reprimand is a non-arbitrable form of discipline issued by the Police Chief, and can only be appealed to the City Manager. Upon receiving a written reprimand an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative may do one of the City shall contact either the employee or his/her identified representative following: Absent any appeal, and within ten thirty (1030) calendar days of receiving the written reprimand, file a written rebuttal to the Police Chief. The rebuttal will be attached to the written reprimand and filed in the employee’s personnel file. Within thirty (30) calendar days of receiving a written reprimand, an employee may file a written request with the Personnel Director for an appeal to the City Manager. Upon receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agreerequest, and within fifteen (15) calendar days, the representative for City Manager will schedule a hearing. The hearing will be scheduled within thirty (30) days of the City Manager receiving the request. The City Manager will be the final appeal authority. After the City Manager’s final decision is reached, and within thirty (30) calendar days of receiving the decision, the employee may submit a written rebuttal to the decision. The rebuttal shall contact be attached to the agreed upon arbitrator decision and filed in the employee’s personnel file. Arbitrable Appeals Employees shall have the right to determine his/her availability appeal any dismissal, suspension, step reduction, disciplinary probation or demotion for disciplinary reasons. Said right of appeal shall not apply to reclassifications, layoffs, demotions as a substitute for layoff, changes in status for medical reasons, changes in status due to the hearingemployee’s loss of a required license or certificate, denial of a step increase, or any other actions taken for non-disciplinary reasons. If For changes in status for medical reasons, appeal shall be provided for through the parties cannot reach agreement on an arbitrator, process in SECTION 35 (GRIEVANCES). A notice of appeal must be filed in writing with the Human Resources Director or designee will send a letter within thirty (30) days following written notice to the Public Employment Relations Board (PERB) requesting employee of the discipline. Upon filing the notice of appeal, the city shall request a list of seven (7) arbitratorshearing officers from the State Mediation and Conciliation Service. Once The CITY and employee shall alternately strike names from the list is received, until only one name remains and the representatives remaining name shall be that of the parties shall strike names until an arbitrator is chosenHearing Officer. The parties shall toss a coin to determine who shall will strike the first namefirst. Once the arbitrator is chosenAs an alternative, the parties will contact may stipulate to the arbitrator to schedule use of any person as a hearing. During hearing officer whether identified on the hearing the formal rules of evidence do not applylist or not. The cost Hearing Officer shall proceed in any manner which will, in the Hearing Officer’s judgment, develop all the facts bearing upon the matter, and no informality on the Officer’s part shall constitute just cause for criticism of findings and decisions. Upon completion of the list hearing, the Hearing Officer shall furnish certified copies of arbitrators findings and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it decisions to the City Manager as well as both parties’ representativespersons concerned. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt decision of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision Hearing Officer shall be final and binding. The person selected as the Hearing Officer shall set a date for the start of the hearing after consultation with the parties. Failure of the employee to appear at the hearing will constitute a withdrawal of the appeal and the discipline will stand and be final, unless the failure to appear is the result of a verifiable emergency that prevents the employee from attending the hearing. A verifiable emergency shall not include any situation where the employee fails to notify the Personnel Director by close of business on the day preceding the first day of the hearing unless said emergency occurs after the close of business. In reaching his/her decisionall cases where the employee fails to attend the hearing and the hearing is postponed, the City Manager employee shall review bear any and all hearing officer and/or court reporter costs associated with the advisory arbitrator's recommendationpostponement. Oral evidence at the hearing shall be taken only on oath or affirmation. Each party shall have these rights at the hearing: To be represented by Counsel; to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; to subpoena witnesses and relevant documentary evidence; and to rebut the evidence against him or her. Further, at the hearing the employee may be examined and may examine or cause any person to be examined under Section 776 of the Evidence Code. The hearing need not be conducted according to the provisions of the California Evidence Code, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege as set forth in the Evidence Code shall apply. Irrelevant and unduly repetitious evidence shall be excluded. Evidence of specific instances of a complainant’s sexual conduct with individuals other than the alleged perpetrator is presumed inadmissible absent an offer of proof establishing its relevance and reliability and that its probative value is not substantially outweighed by the probability that its admission will create substantial danger of undue prejudice or confuse the issue. For purpose of this paragraph, “complainant” means any person claiming to have been subjected to conduct which constitutes sexual harassment, sexual assault, or sexual battery. At the request of either of the parties, the brief statement (if any) on CITY shall employ a competent court reporter to record the advisory arbitrator's recommendation submitted by the parties proceedings. Parties to the City Managerproceedings shall include the appellant and a management employee from appellant’s department. If either party requests it, the Hearing Officer may exclude from the hearing room any witness not at the time under examination so that the witness may not hear the testimony of other witnesses, but a party to the proceedings may not be so excluded. In addition, each side may designate other representatives to attend the hearing provided these representatives do not testify at the hearing. The Hearing Officer shall, after the matter is submitted, prepare and file findings and decisions. The decisions of the Hearing Officer shall be final and binding. The decisions shall be rendered as quickly as possible with due regard for the hardships that may result from undue delay. The cost of the Hearing Officer and court reporter shall be divided equally between the CITY and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitratoremployee. The employee has Hearing Officer and court reporter shall separately xxxx the right to appeal CITY and the City Manager’s decision appellant for one-half of the cost of their respective services. All other administrative policies and procedure shall be as contained in accordance with California Code of Civil Procedure section 1094.5the Personnel Rules and Personnel Administrative Orders.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Assistant Director of Administrative Services/Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven nine (79) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herself, and the court reporter shall be split between the City and the Association SUP unless Association SUP is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headDepartment Head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6 which provides a 90-day statute of limitations.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herself, and the court reporter shall be split equally between the City and the Association SUP unless Association SUP is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitrationarbitrator's arbitrator recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6 which provides a 90-day statute of limitations.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she they (or the representative) shall submit a written notice Notice of appealAppeal. A representative of the City shall contact either the employee or his/her their identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herself, and the court reporter shall be split equally between the City and the Association SUP unless Association SUP is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his/her their advisory recommendation he/she they will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitrationarbitrator's arbitrator recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her their final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headDepartment Head. The City Manager's decision shall be final and binding. In reaching his/her their decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, Manager and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6 which provides a 90-day statute of limitations.

Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Assistant Director of Administrative Services/Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) State Mediation and Conciliation Service requesting a list of seven nine (79) arbitrators. Once the list is received, received the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and arbitrators, the arbitrator him/herself, and the court reporter shall be split between the City and the Association MEA unless Association MEA is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headDepartment Head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.51094.6 which provides a 90-day statute of limitations.