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31.4 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 may be 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. 31.5 Appeal Process: The Association or the Director of Human Resources may appeal the Police Chiefs 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). 31.6 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. 31.7 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 cost of its own presentation, including preparation and post hearing briefs, if any. 31.8 Decisions of the Adjustment Board or Arbitrators on matters properly before them shall be final and binding on the parties, hereto, to the extent permitted by the Charter of the City. Section 32. Grievance Procedure (1) A grievance shall be defined as any dispute which involved the interpretation or application of any provision of this Memorandum of Understanding, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure. (2) Grievances as defined in (I) above shall be processed only in the following manner: 23 SI.POA I1 -12 final