Common use of Disciplinary Appeals Clause in Contracts

Disciplinary Appeals. In the case of suspension without pay, demotion, or dismissal, the employee may appeal the decision of the Department Head to the City Manager. An employee shall have ten (10) calendar days from the date of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decision, 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 maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than five (5) calendar days following the date of the City Manager’s decision. Upon receipt of the appeal, the City Manager shall contact the State Mediation and 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. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of law.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/she (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissalhis/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 employee may appeal representative for the decision 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 Department Head 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 ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory arbitration's recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealadvisory arbitrator's recommendation, the City Manager shall contact issue and send his/her final written decision to the State Mediation 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn 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 Organization shall meet evidence, both documentary and alternately strike names from testimonial, and arguments presented to the list until the name of one individual remains, who shall serve as the advisory arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code 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. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawCivil Procedure section 1094.5.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, they (or the case representative) shall submit a written Notice of suspension without pay, demotion, Appeal. A representative of the City shall contact either the employee or dismissaltheir 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 employee may appeal representative for the decision City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head 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, the arbitrator him/herself, and the court reporter shall be split equally between the City and the SUP unless 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 their advisory recommendation they will submit it to the City ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionarbitrator's arbitrator recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's recommendation, the City Manager shall contact issue and send their final written decision to the State Mediation parties. The City Manager may accept, reject or modify the 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn reaching their decision, the City Manager shall review the arbitrator's recommendation, the brief statement (if any) on the arbitrator's recommendation submitted by the parties to the City Manager and the Organization shall meet evidence, both documentary and alternately strike names from the list until the name of one individual remainstestimonial, who shall serve as and arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/she (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissalhis/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 employee may appeal representative for the decision 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 State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head 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, the arbitrator him/herself, and the court reporter shall be split equally between the City and the SUP unless 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 ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory arbitrationarbitrator's arbitrator recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealadvisory arbitrator's recommendation, the City Manager shall contact issue and send his/her final written decision to the State Mediation 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn 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 Organization shall meet evidence, both documentary and alternately strike names from testimonial, and arguments presented to the list until the name of one individual remains, who shall serve as the advisory arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/she (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissalhis/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 employee may appeal representative for the decision 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 State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head 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, the arbitrator him/herself, and the court reporter shall be split equally between the City and the SUP unless 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 ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionarbitrator's arbitrator recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's recommendation, the City Manager shall contact issue and send his/her final written decision to the State Mediation parties. The City Manager may accept, reject or modify the 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn reaching his/her decision, the City Manager shall review the arbitrator's recommendation, the brief statement (if any) on the arbitrator's recommendation submitted by the parties to the City Manager, and the Organization shall meet evidence, both documentary and alternately strike names from the list until the name of one individual remainstestimonial, who shall serve as and arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, they (or the case representative) shall submit a written Notice of suspension without pay, demotion, Appeal. A representative of the City shall contact either the employee or dismissaltheir 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 arbitrator to hear the appeal. If the parties can agree, the employee may appeal representative for the decision City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head 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, the arbitrator themselves, 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 their advisory recommendation, they will submit it to the City ManagerManager as well as both parties’ representatives. An employee shall have Within ten (10) calendar days from the date receipt of the Department Headarbitrator’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty-five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's advisory recommendation, the City Manager shall contact issue and send their final written decision to the State Mediation parties. The City Manager may accept, reject, or modify the 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn reaching their decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statement (if any) submitted by the parties to the City Manager, and the Organization shall meet evidence, both documentary and alternately strike names testimonial, from the list until the name of one individual remains, who shall serve as arbitration including any arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6, which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/shethey (or the case representative) shall submit a written Nnotice of suspension without pay, demotion, Aappeal. A representative of the City shall contact either the employee or dismissalhis/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 arbitrator to hear the appeal. If the parties can agree, the employee may appeal representative for the decision City shall contact the agreed upon arbitrator to determine his/hertheir availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources DirectorDirector of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head 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, the arbitrator him/herselfthemselves, 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 /hertheir advisory recommendation, he/shethey will submit it to the City ManagerManager as well as both parties’ representatives. An employee shall have Within ten (10) calendar days from the date receipt of the Department Headarbitrator’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty-five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's advisory recommendation, the City Manager shall contact issue and send his/hertheir final written decision to the State Mediation parties. The City Manager may accept, reject, or modify the 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn reaching his/hertheir decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statement (if any) submitted by the parties to the City Manager, and the Organization shall meet evidence, both documentary and alternately strike names testimonial, from the list until the name of one individual remains, who shall serve as arbitration including any arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6, which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/shethey (or the case representative) shall submit a written notice Notice of suspension without pay, demotion, appealAppeal. A representative of the City shall contact either the employee or dismissalhis/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 employee may appeal representative for the decision City shall contact the agreed upon arbitrator to determine his/hertheir availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources DirectorDirector of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head 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, the arbitrator him/herself, and the court reporter shall be split equally between the City and the SUP unless 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/hertheir advisory recommendation he/shethey will submit it to the City ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionarbitrator's arbitrator recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's recommendation, the City Manager shall contact issue and send his/hertheir final written decision to the State Mediation parties. The City Manager may accept, reject or modify the 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn reaching his/hertheir decision, the City Manager shall review the arbitrator's recommendation, the brief statement (if any) on the arbitrator's recommendation submitted by the parties to the City Manager, and the Organization shall meet evidence, both documentary and alternately strike names from the list until the name of one individual remainstestimonial, who shall serve as and arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/she (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissalhis/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 arbitrator to hear the appeal. If the parties can agree, the employee may appeal representative for the decision 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 State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the Department Head 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, 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 advisory recommendation, he/she will submit it to the City ManagerManager as well as both parties’ representatives. An employee shall have Within ten (10) calendar days from the date receipt of the Department Headarbitrator’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty-five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealarbitrator's advisory recommendation, the City Manager shall contact issue and send his/her final written decision to the State Mediation parties. The City Manager may accept, reject or modify the 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn reaching his/her decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statement (if any) submitted by the parties to the City Manager, and the Organization shall meet evidence, both documentary and alternately strike names testimonial from the list until the name of one individual remains, who shall serve as arbitration including any arguments presented to the arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, they (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissaltheir 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 employee may appeal representative for the decision City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources 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 Department Head 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 their advisory recommendation they will submit it to the City ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory arbitration's recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealadvisory arbitrator's recommendation, the City Manager shall contact issue and send their final written decision to the State Mediation 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn reaching 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 Organization shall meet evidence, both documentary and alternately strike names from testimonial, and arguments presented to the list until the name of one individual remains, who shall serve as the advisory arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code 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. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawCivil Procedure section 1094.5.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/she (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissalhis/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 employee may appeal representative for the decision 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 or designee will send a letter to the State Mediation and Conciliation Service requesting a list of nine (9) arbitrators. Once the list is received the representatives of the Department Head 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, the arbitrator him/herself, and the court reporter shall be split between the City and the MEA unless 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 ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory arbitration's recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealadvisory arbitrator's recommendation, the City Manager shall contact issue and send his/her final written decision to the State Mediation 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn 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 Organization shall meet evidence, both documentary and alternately strike names from testimonial, and arguments presented to the list until the name of one individual remains, who shall serve as the advisory arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.

Disciplinary Appeals. In If an employee desires to appeal a disciplinary action, he/she (or the case representative) shall submit a written notice of suspension without pay, demotion, appeal. A representative of the City shall contact either the employee or dismissalhis/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 employee may appeal representative for the decision 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 or designee will send a letter to the State Mediation and Conciliation Service requesting a list of nine (9) arbitrators. Once the list is received, the representatives of the Department Head 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, the arbitrator him/herself, and the court reporter shall be split between the City and the SUP unless 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 ManagerManager as well as both parties’ representatives. An employee The arbitrator shall have provide copies to both parties’ representatives. Within ten (10) calendar days from the date receipt of the Department Head’s decision to notify the City Manager in writing of the appeal. If the employee fails to appeal the Department Head’s decisionadvisory arbitration's recommendation, 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 both parties’ representatives may submit to the City Manager has been completeda brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Appeal of suspension without pay up to a maximum of forty (40) hours - In the case of suspension without pay up to a maximum of forty (40) hours, the decision of the City Manager shall be final. Appeal of suspension without pay exceeding forty (40) hours, demotion, or dismissal - In the 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. A written notice of appeal must be received by the City Manager no later than Within thirty five (535) calendar days following the date of the City Manager’s decision. Upon receipt of the appealadvisory arbitrator's recommendation, the City Manager shall contact issue and send his/her final written decision to the State Mediation 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 Conciliation Service (SMCS) to provide, in accordance with its normal customary procedures, a list of names of neutral parties who may serve as an arbitratorbinding. Upon receipt of the list from SMCSIn 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 Organization shall meet evidence, both documentary and alternately strike names from testimonial, and arguments presented to the list until the name of one individual remains, who shall serve as the advisory arbitrator. The employee and has the right to appeal the City shall share the fees and expenses Manager’s decision in accordance with California Code of the arbitrator equally. A court reporter may be included in the proceedings upon mutual agreement Civil Procedure section 1094.6 which provides a 90-day statute of the parties, the cost of which shall be shared equally between the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the cost or expenses of witnesses called by the other party. A party requesting a transcript of the arbitration shall bear the cost thereof. The decision rendered by the arbitrator shall be final and binding and not appealable to the City Council or a court of lawlimitations.