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<br /> <br />insubordination, drunkenness on duty, incompetence, willful negligence, failure to perform <br />work as required or failure to comply with the City's reasonable rules regarding safety, conduct <br />and operations, or any conduct causing discredit to the City. In the event an employee feels the <br />discharge or suspension is unjust, the Union shall have the right to appeal the case in <br />accordance with the provisions of this section. <br /> <br /> A probationary employee may be discharged at any time during the probationary period, and <br />such discharge shall not be subject to appeal or grievance. <br /> <br /> An employee's request for Union representation at all meetings and hearings related to his/her <br />disciplinary action or discharge will be granted. <br /> <br />25.2 Presumption of Delivery <br /> <br /> Any written notice shall be conclusively presumed delivered to the employee on the date the <br />written notice is personally served on the employee. In the event that any notice is sent to an <br />employee by certified mail, return receipt requested, the notice shall be conclusively presumed <br />delivered to the employee on the date the receipt was signed. In the event the certified mail is <br />refused, or in the event the employee is absent without leave and no person at the address to <br />which the certified mail is sent signs for such certified mail, then it shall be presumed that the <br />notice was delivered as the date the postal service returns the certified mail to the return <br />address. Notice of mailing shall be sent to the Union. <br /> <br />25.3 Departmental Action Prior to Imposition of Discipline <br /> <br /> Except in cases of emergency, at least five (5) working days prior to the effective date of any <br />disciplinary action against employees with permanent status, the department head or person <br />authorized by him/her shall give the employee written notice of the proposed disciplinary <br />action, reasons for such action, a copy of the charges and material upon which the action is <br />based, the right to respond either orally or in writing, or both, to the department head or <br />designee proposing the disciplinary action prior to the effective date of such disciplinary action. <br /> <br /> The City agrees to provide the Union with a copy of any letter or memorandum proposing or <br />notifying disciplinary action that is sent to Human Resources and/or the employee. <br /> <br /> An employee or the employee's representative, on presentation of written authorization from the <br />employee, may have access to the employee's personnel file. <br /> <br /> The City shall furnish the employee copies of all performance evaluation reports and letters of <br />reprimand/warning prior to placement of such documents into the employee's personnel file. <br />The employee is afforded the opportunity to respond in writing to the contents of letters of <br />reprimand/warning. Such responses shall be filed with Human Resources within thirty (30) <br />working days from the date of such reprimand/warning or performance evaluation. <br /> <br /> <br />25.4 Notice of Disciplinary Action <br /> <br /> Whenever a disciplinary action is taken against an employee, the employee shall be notified in <br />writing. Such notification shall include but is not limited to: <br /> <br /> A. a statement of the disciplinary action taken against the employee, <br />21