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<br />23 <br /> <br />for such certified mail, then it shall be presumed that the notice was delivered as of the <br />date the postal service returns the certified mail to the return address. <br /> <br />31.3 Departmental Action Prior to Imposition of Discipline: Except in cases of emergency, at <br />least five (5) calendar days prior to the effective date of any disciplinary action against <br />employees with permanent status, the Police Chief or person authorized by him or her <br />shall give the employee written notice of the proposed disciplinary action, reasons for <br />such action, a copy of the charges and material upon which the action is based, and the <br />right to respond either orally or in writing, or both, to the Police Chief or designee <br />proposing the disciplinary action prior to the effective date of such disciplinary action. <br /> <br />31.4 Notice of Disciplinary Action: Whenever a disciplinary action is taken against an <br />employee, the employee shall be notified in writing. Such notification shall include but is <br />not limited to: <br /> <br />(1) a statement of the disciplinary action taken against the employee, <br /> <br />(2) a summary of the facts upon which the disciplinary action is based, <br /> <br />(3) a statement advising the employee that written notice of the disciplinary action is <br />to be placed in his/her official personnel file and that the employee has the right to <br />appeal under the disciplinary appeal procedure set forth in this section. <br /> <br />The written notice of disciplinary action may be either personally served or mailed to the <br />employee by certified mail, return receipt requested, addressed to the last address, which <br />the employee has furnished the City. <br /> <br />31.5 Appeal Process: The Association or the Director of Human Resources may appeal the <br />Police Chief’s determination to the City Manager within fifteen (15) calendar days of the <br />rendering of the decision. Any such appeal shall be in writing, and shall include the <br />specific reasons for the appeal and a statement of the desired remedy. The City Manager, <br />or his/her designee, shall investigate the merits of the appeal and attempt to resolve the <br />disciplinary issue(s). <br /> <br />31.6 Adjustment Board: In the event the parties are unable to resolve the disciplinary case, the <br />Association, except in termination cases, may submit the disciplinary case to an <br />Adjustment Board. The Adjustment Board shall be composed of three (3) employee <br />representatives and three (3) representatives of the City. <br /> <br />31.7 Arbitration: If the Adjustment Board is unable to arrive at a majority decision, or in <br />termination cases, either the Association or the City may refer the case to an impartial <br />arbitrator who shall be selected by mutual agreement between the Association and the <br />City Manager. The fees and expenses of the arbitrator and of a Court Recorder shall be <br />shared equally by the Association and the City. Each party, however, shall bear the cost <br />of its own presentation, including preparation and post hearing briefs, if any. <br /> <br />31.8 Decisions of the Adjustment Board or Arbitrators on matters properly before them shall <br />be final and binding on the parties, hereto, to the extent permitted by the Charter of the <br />City. <br />