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while rking for other than the ity of'San'Leandro. <br /> • Section 30. Discharce or Suspension <br /> The City may discharge or suspend any employee, who has <br /> completed the specified probationary period, for cause <br /> including but not limited to dishonesty, insubordination, <br /> drunkenness, incompetence, negligence, failure to perform <br /> work as required or failure to comply with the City's <br /> reasonable rules regarding safety, conduct and operations <br /> (including Fire Department Rules and Regulations), cr any <br /> conduct related to employment which impairs, disrupts, or <br /> causes discredit to the employee's employment or to the <br /> • City. In the event an employee feels the discharge or <br /> • • suspension is not for cause, the' Association shall have <br /> the right to appeal the discharge or suspension through <br /> the Grievance Procedure. Such appeal must be filed in <br /> writing by the Association within five (5) days from the <br /> date of discharge and unless so filed the right of appeal <br /> • is lost. <br /> Probationary employees may be discharged for any reason <br /> which in the sole opinion of the City is just and <br /> sufficient; and such discharge shall not be subject to any <br /> appeal. <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 or no person at the address to which the <br /> certified mail is sent signs for such certified mail, then <br /> it shall be presumed that the notice was delivered as of • <br /> the-date the postal service returns the certified mail to <br /> the return address. <br /> Section 31. Miscellaneous <br /> 31.1 Effective October 1, 1986, living restrictions for all <br /> sworn members of the Fire Department shall be repealed. <br /> 31.2 Effective July 1, 1987, a mandatory Physical Fitness <br /> Program shall be implemented in the San Leandro Fire <br /> Department. Such program shall be in accordance with the <br /> "Physical Fitness Program Report." <br /> 31.3 Flexible Benefits <br /> • The City and Association agree to study the feasibility of <br /> implementing a flexible benefits program to be completed <br /> -27- - - 251 <br /> • • <br />