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25.3 Departmental Action Prior to Imposition of Discipline Except in cases of emergency, at least five (5) calendar days prior to the effective date of any disciplinary action against employees with permanent status, the department head or person authorized by himlher shall give the employee written notice of the proposed disciplinary action, reasons for such action, a copy of the charges and material upon which the action is based, the right to respond either orally or in writing, or both, to the department head or designee proposing the disciplinary action prior to the effective date of such disciplinary action. The City agrees to provide the Union with a copy of any letter or memorandum proposing or notifying disciplinary action that is sent to Human Resources and/or the employee. An employee or the employee's representative, on presentation of written authorization from the employee, may have access to the employee's personnel file. The City shall furnish the employee copies of all performance evaluation reports and letters of reprirnand/warning prior to placement of such documents into the employee's personnel file. The employee is afforded the opportunity to respond in writing to the contents of letters of reprimand/warning. Such responses shall be filed with the Human Resources Director within ten (10) working dais from the date of such reprimand/warning or performance evaluation. 25.4 Notice of Disciplinary Action Whenever a disciplinary action is taken against an employee, the employee shall be notified in writing. Such notification shall include but is not limited to: A. a statement of the disciplinary action taken against the employee, B. a summary of the facts upon which the disciplinary action is based, C. _ a statement advising the employee that written notice of the disciplinary action is to be placed in his/her official personnel file and that the employee has the right to appeal under the disciplinary appeal procedure set forth in this section. -The written notice of disciplinary action maybe either personally served or mailed to the employee by certified mail, return receipt requested, addressed to the last address which the employee has furnished the City. 25.5 Appeal Process The Union or the Human Resources Director may appeal the department head's determination to the City Manager within fifteen (15) calendar days of the rendering of the decision. Any such appeal shall be in writing, and shall include the specific reasons for the appeal and a statement of the desired remedy. The City Manager, or his/her designee, shall investigate the merits of the appeal and attempt to resolve the disciplinary issues. 25.6 Arbitration In the event the parties are unable to resolve the disciplinary case, either the Union or the City may refer the case to an impartial arbitrator who shall be selected by mutual agreement between the Union and the City Manager or his/her designee. The fees and expenses of the arbitrator 20