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event that any notice is sent to an employee by certified mail, return receipt requested, the notice shall be conclusively presumed delivered to the employee on the date the receipt was signed. In the event the certified mail is refused, or in the event the employee is absent without leave and no person at the address to which the certified mail is sent signs for such certified mail, then it shall be presumed that the notice was delivered as of the date the postal service returns the certified mail to the return address. 30.3 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 Police Chief or person authorized by him or her 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, and the right to respond either orally or in writing, or both, to the Police Chief or designee proposing the disciplinary action prior to the effective date of such disciplinary action. 30.4 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: (1) a statement of the disciplinary action taken against the employee, (2) a summary of the facts upon which the disciplinary action is based, (3) 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. 30.5 Appeal Process: The Association or the Director of Human Resources may appeal the Police Chief'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 issue(s). 30.6 Adjustment Board: In the event the parties are unable to resolve the disciplinary case, the Association, except in termination cases, may submit the disciplinary case to an Adjustment Board. The Adjustment Board shall be composed of three (3) employee representatives and three (3) representatives of the City. 30.7 Arbitration: If the Adjustment Board is unable to arrive at a majority decision, or in termination cases, either the Association or the City may refer the case to an impartial arbitrator who shall be selected by mutual agreement between the Association and the City Manager. The fees and expenses of the arbitrator and of a Court Recorder shall be shared equally by the Association and the City. Each party, however, shall bear the cast of its own presentation, including preparation and post hearing briefs, if any. 22