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to dishonesty, insubordination, drunkenness on duty, <br />incompetence, willful negligence, failure to perform work <br />as required or ,failure to comply with the City's <br />reasonable rules regarding safety, conduct and <br />operations, or any conduct causing discredit to the City. <br />In the event an employee feels the discharge or <br />suspension is unjust, the Union shall have the right to <br />appeal the case in accordance with the provisions of this <br />section. <br />A probationary employee may be discharged at any time <br />during the probationary period, and such discharge shall <br />not be subject to appeal or grievance. <br />An employee's request for Union representation at all <br />meetings and hearings related to his/her disciplinary <br />action or discharge will be granted. <br />25.2 Presumption of Delivery <br />Any written notice shall be conclusively presumed <br />delivered to the employee on the date the written notice <br />is personally served on the employee. In the event that <br />any notice is sent to an employee by certified mail, <br />return receipt requested, the notice shall be <br />conclusively presumed delivered to the employee on the <br />date the receipt was signed. In the event the certified <br />mail is refused, or in the event the employee is absent <br />without leave and no person at the address to which the <br />certified mail is sent signs for such certified mail, <br />then it shall be presumed that the notice was delivered <br />as the date the postal service returns the certified mail <br />to the return address. Notice of mailing shall be sent <br />to the Union. <br />25.3 Departmental Action Prior to Imposition of Discipline <br />Except in cases of emergency, at least five (5) calendar <br />days prior to the effective date of any disciplinary <br />action against employees with permanent status, the <br />department head or person authorized by him/her shall <br />give the employee written notice of the proposed <br />disciplinary action, reasons for such action, a copy of <br />the charges and material upon which the action is based, <br />the right to respond either orally or in writing, or <br />both, to the department head or designee proposing the <br />disciplinary action prior to the effective date of such <br />disciplinary action. <br />28 <br />