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and of a Court Recorder shall be shared equally by the Union and the City. Each party, <br />however, shall bear the cost of its own presentation, including preparation and post hearing <br />briefs, if any. <br />The decision of an Arbitrator on matters properly before them shall be final and binding on the <br />parties. <br />Section 26. Grievance Procedure <br />A. A grievance shall be defined as any dispute which involves the interpretation or <br />application of any provision of this Memorandum of Understanding, or those City <br />personnel rules, or pay plan, which fall within the scope of representation. Specifically <br />excluded from the grievance procedure are performance evaluations and denial of merit <br />step increases plus any other matter which provides for a separate appeal process. <br />B. 1) Within fifteen (15) working days of the occurrence or discovery of an alleged <br />grievance, any employee who believes that he/she has a grievance shall discuss such <br />grievance with such management official in the department in which he/she works as <br />the department head may designate. If the issue is not resolved within the department, <br />the procedures hereinafter specified may be invoked. <br />2) The employee or their representative shall notify the Human Resources Director or <br />designated representative in writing within fifteen (15) days after discussion of the <br />grievance with the management official in the department in which the employee <br />works that a grievance exists, and in such notification state the particulars of the <br />grievance and if possible, the nature of the determination which is desired. The <br />Human Resources Director or designated representative shall thereafter investigate the <br />issues involved, and within fifteen (1S) days after written notification by the Union. <br />No grievance may be processed under paragraphs (c) and (d) below which has not first <br />been filed and investigated in pursuance of this paragraph (b). <br />3) Any grievance which has not been resolved by the procedures hereinabove set forth <br />maybe referred to the City Manager by the employee or their representative or by the <br />Human Resources Director. Any such referral shall be in writing, and the specific <br />issues involved shall be detailed in such referral together with a statement of the <br />resolution which is desired. The City Manager shall designate a personal <br />representative to investigate the merits of the grievance, to meet with the grievant and <br />to settle such grievance or to make recommendations thereon to the City Manager. <br />This shall be the final step of the grievance procedure unless the Union elects step 4 <br />below. <br />4) In the event the parties hereto are unable to reach a mutually satisfactory accord on <br />any grievance (as the term "grievance" is hereinabove defined) which arises and is <br />presented during the term of this Memorandum of Understanding, such grievance shall <br />be submitted to an impartial arbitrator who shall be designated by mutual agreement <br />between the Employee Union and the City Manager. Should the Union and the City <br />Manager fail to reach agreement on selection of the arbitrator within fifteen (15) days, <br />they shall jointly request a list of five (S) qualified arbitrators from the California State <br />Mediation and Conciliation Service. If mutual selection cannot be made from the list <br />21 <br />