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<br />24 <br /> <br />Section 32. Grievance Procedure <br /> <br />(1) A grievance shall be defined as any dispute which involved the interpretation or <br />application of any provision of this Memorandum of Understanding, excluding all <br />ordinances, resolutions, rules and regulations, the subject of which is not specifically <br />covered by the provisions of this Memorandum. Such excluded ordinances, resolutions, <br />rules and regulations shall not be subject to the Grievance Procedure. <br /> <br />(2) Grievances as defined in (1) above shall be processed only in the following manner: <br /> <br />(a) An employee who wishes to file a grievance shall discuss the issues with a <br />management official in the department designated by the Police Chief. In the <br />event the employee is not satisfied, or has not received a response within fifteen <br />(15) calendar days, the grievance may be referred to the Association who may <br />seek a resolution with the management of the department or invoke the <br />procedures hereinafter specified. <br /> <br />(b) The Association may notify the Human Resources Director or designated <br />representative in writing that a grievance exists, and in such notification state the <br />particulars of the grievance and if possible, the nature of the determination which <br />is desired. The Human Resources Director or designated representative shall <br />thereupon investigate the issues involved, meet with the grievant and attempt to <br />reach a satisfactory resolution of the problem. No grievance may be processed <br />under paragraphs (c) and (d) below which has not first been filed and investigated <br />in pursuance of this paragraph (b). <br /> <br />(c) Any grievance which has not been resolved by the procedures herein above set <br />forth may be referred to the City Manager by the Association or by the Human <br />Resources Director. Any such referral shall be in writing, and the specific issues <br />involved shall be detailed in such referral together with a statement of the <br />resolution, which is desired. The City Manager shall designate a personal <br />representative to investigate the merits of the grievance, to meet with the grievant, <br />and to settle such grievance or to make recommendations thereon to the City <br />Manager. <br /> <br />(d) In the event the parties hereto are unable to reach a mutually satisfactory accord <br />on any grievance, excluding termination cases, (as the term "grievance" is <br />hereinabove defined) which arises and is presented during the term of this <br />Memorandum of Understanding, such grievance shall be submitted to an <br />Adjustment Board comprised of three (3) employee representatives, and three (3) <br />representatives of the City. <br /> <br />(e) If an Adjustment Board is unable to arrive at a majority decision, either the <br />Association or the City may require that the grievance be referred to an impartial <br />arbitrator who shall be designated by mutual agreement between the Association <br />and the City Manager. The fees and expenses of the arbitrator and of a Court <br />Recorder shall be shared equally by the Association and the City. Each party, <br />however, shall bear the cost of its own presentation, including preparation and <br />post hearing briefs, if any.