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<br />25.3 Departmental Action Prior to Imposition of Discipline <br /> <br />Except in cases of emergency, at least five (5) calendar days prior to the effective date of <br />any disciplinary action against employees with permanent status, the department head or <br />person authorized by him/her shall give the employee written notice of the proposed <br />disciplinary action, reasons for such action, a copy of the charges and material upon which <br />the action is based, the right to respond either orally or in writing, or both, to the <br />department head or designee proposing the disciplinary action prior to the effective date of <br />such disciplinary action. <br /> <br />The City agrees to provide the Union with a copy of any letter or memorandum proposing <br />or notifying disciplinary action that is sent to Human Resources and/or the employee. <br /> <br />An employee or the employee's representative, on presentation of written authorization <br />from the employee, may have access to the employee's personnel file. <br /> <br />The City shall furnish the employee copies of all performance evaluation reports and letters <br />of reprimand/warning prior to placement of such documents into the employee's personnel <br />file. The employee is afforded the opportunity to respond in writing to the contents of <br />letters of reprimand/warning. Such responses shall be filed with the Human Resources <br />Director within ten (10) working days from the date of such reprimand/warning or <br />performance evaluation. <br /> <br />25.4 Notice of Disciplinarv Action <br /> <br />Whenever a disciplinary action is taken against an employee, the employee shall be <br />notified in writing. Such notification shall include but is not limited to: <br /> <br />A. a statement of the disciplinary action taken against the employee, <br /> <br />B. a summary of the facts upon which the disciplinary action is based, <br /> <br />C. a statement advising the employee that written notice of the disciplinary action is to <br />be placed in his/her official personnel file and that the employee has the right to <br />appeal under the disciplinary appeal procedure set forth in this section. The written <br />notice of disciplinary action may be either personally served or mailed to the <br />employee by certified mail, return receipt requested, addressed to the last address <br />which the employee has furnished the City. <br /> <br />25.5 Appeal Process <br /> <br />The Union or the Human Resources Director may appeal the department head's <br />determination to the City Manager within fifteen (15) calendar days of the rendering of the <br />decision. Any such appeal shall be in writing, and shall include the specific reasons for the <br />appeal and a statement of the desired remedy. The City Manager, or his/her designee, shall <br />investigate the merits of the appeal and attempt to resolve the disciplinary issues. <br /> <br />22 <br /> <br />